Nathu Singh etc. vs Union of India

Usha Mehra, J.

(1) Appellants land measuring 22 bighas and 5 bids was situated in the revenue estate of Mehrauli was acquired by the Delhi Administration vide Notification dated 13th November, 1959 issued u/s 4 of the Land Acquisition Act (hereinafter called the Act). The Land Acquisition Collector gave and announced his award thereby fixing the compensation at Rs. 1200.00 per bigha. Reference was made u/s 18 of the Act and the Id. Addl. District Judge vide his judgment dated 7th April, 1970 enhanced the compensation to Rs. 3,000.00 per bigha. Not being satisfied with the judgment of the Addl. District Judge present appeal has been preferred whereby .the appellants have claimed Rs. 5.000.00 per bigha as compensation.

(2) We have gone through the impugned judgment and also the evidence placed on record. The learned Addl. .District Judge discussed the various documents exhibited before him by the claimants namely. Ex. A.13 in which the rate was awarded by the Land Acquisition Collector at Rs. 2,500.00 but on reference it was enhanced to Rs. 4,500.00 per bigha. The reason for enhancing to Rs. 4,500.00 per bigha was that because that land in Ex. A. 13 enjoyed two privileges (i) that a rasta pass through that land and (ii) that land was also very close to village Abadi. But no rasta or road was found near the land in dispute nor it is situated near the Abadi rather it is far away from the village Abadi. The Land Acquisition Collector described this land as un-even and unleveled .This land was Rolsi as well as Ghairmurnkin. Therefore, flat rate of Rs 1200.00 was awarded by the Land Acquisition Collector. It was for this reason that the learned Addl. District Judge did not considered awarding the compensation at Rs. 4,500.00 per bigha to the land in dispute. Two other judgments relied upon (Ex. A.I and Ex. A. 12) pertaining to village Adchini and Lado Sarai had also been described by the Addl. District Judge at length and found that the land situated in those villages Ex A.I and Ex. A.12 had no comparison with the land in dispute. Therefore, the award of compensation in those land could not be awarded to the appellant in case. By going through the award the Ld. Addl. District Judge rightly came to the conclusion that the land in question was uneven and leveled. Since land in question was neither even nor leveled nor situated on the road or near the village Abadi, Therefore, the Ld. Addl. District Judge assessed the market value to Rs. 3,000.00 per bigha instead of Rs. 4,500.00 per bigha.

(3) We find no reason to interfere with the judgment which is a well- reasoned one and accordingly dismiss the appeal. However, in the circumstances of the case the parties are left to bear their own costs.