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Bijay Singh v. Union Of India

Bijay Singh v. Union Of India

(High Court Of Delhi)

Regular First Appeal No. 128 of 1984 | 19-07-1993

D.P. Wadhwa, J.

1. This appeal filed under Section 54 of the Land Acquisition Act (for short the) is directed against the judgment dated 27th January, 1984 of the Additional District Judge in a reference made to him under Section 18 of the. The land in question is situated in Village Jasola. Notification under Section 4 and declaration under Section 6 of thewere both issued on 31st December, 1976. The Land Acquisition Collector made his award on 2nd February 1979 fixing the market value of the land at Rs. 7,060 per bigha. On a reference under Section 18 of the Act, the learned Additional District Judge fixed the market value of the land at Rs. 10,000 per bigha. Still not satisfied, the appellants have filed this appeal.

2. When the appeal was originally filed, it was stated that the market value of the land was Rs. 30,000 per bigha. However, during the pendency of the appeal, the appellants have sought amendment of the memo of appeal now claiming Rs. 55,000 per bigha as the market value of the land. This is by an application (C.M. 108/92). We had issued notice of this application but there has not been any response to the same. The application, therefore, is allowed.

3. Mr. Atul Kumar, learned Counsel for the appellants, has referred to a decision of this Court in RFA 51/83 entitled Union of India v. Nand Kishore, wherein a bench of this Court, by judgment dated 6th March, 1984, upheld the fixation of market price of the land in Village Bahapur at Rs. 55,000 per bigha. This value had been arrived at by the Additional District Judge on a reference made to him under Section 18 of the. We may, however, note that in this case, the notification under Section 4 of thewas of the year 1972. In the present case, as noted above, the notification under Section 4 of theis of the year 1976. It is not our opinion that same value is to be arrived at in this case just because two villages are adjacent to each other but there is a difference of four years in issue of notification in the present case and that in RFA 51/83.

4. We had heard this matter on 12th July, 1993 and again today. There has been no appearance on behalf of respondent/Union of India to oppose this appeal.

5. Keeping in view the decision of this Court in RFA 51/83, we are of the opinion that the market value of the land in Village Jasola, village adjacent to that of Village Bahapur, in the present case should be fixed at Rs. 55,000 per bigha. We order accordingly.

6. The appeal is allowed. The market value of the land in question is fixed at Rs. 55,000 per bigha. There will be an enhancement of Rs. 45,000 per bigha on the value as fixed by the Additional District Judge. The appellant will be entitled to interest and solatium as per Section 23 and Section 28 of the. The decree will be drawn up after the deficiency in Court fee is made. The Court fee may be paid within a period of four weeks. The appellants will be entitled to costs limited to Court fees only.

Advocate List
  • For the Petitioner Atul Kumar, Advocate. For the Respondent None.
Bench
  • HON'BLE MR. JUSTICE D.P. WADHWA
  • HON'BLE MR. JUSTICE VIJENDER JAIN
Eq Citations
  • 52 (1993) DLT 15
  • 1993 (27) DRJ 17
  • LQ/DelHC/1993/427
Head Note

Land Acquisition Act, 1894 — S. 18 — Reference to Civil Court under — Market value of land — Fixation of — Reference to the market value of the land in Village Jasola, village adjacent to that of Village Bahapur, fixed at Rs 55,000 per bigha, keeping in view the decision of the Supreme Court in Nand Kishore, (1984) 2 SCC 404 — Enhancement of Rs 45,000 per bigha on the value as fixed by the Additional District Judge — Interest and solatium as per Ss. 23 and 28, respectively — Appellant entitled to — Decree to be drawn up after deficiency in Court fee is made — Court fees may be paid within four weeks — Appellants entitled to costs limited to Court fees only