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Jagdish Singh v. State Of Haryana And Others

Jagdish Singh v. State Of Haryana And Others

(Supreme Court Of India)

Civil Appeal No. 8627 Of 1983 | 01-11-1995

K. Ramaswamy and B.N. Kirpal, JJ.

1. The Land Acquisition Officer divided the land into two blocks, i.e. Block `A' and Block `B' and awarded Rs. 25,000/- per acre for Block `A' and Rs. 15,000/- per acre for Block `B'. The Reference Court made four blocks and awarded compensation @ Rs. 10/- per sq. yard for first Block and proportionately decreased the value for the other blocks. On appeal, the High Court made the uniform rate of Rs. 10/- per sq. yard for entire land and disposed of the appeals accordingly. Feeling aggrieved, the appellant has filed this appeal from that batch by special leave.

2. Mr. Rohtagi, learned counsel for the appellant, strenuously contended that the value of the land is more than what was given and it is a matter where the appellant is entitled to get higher compensation. We do not find any force in this contention. Whether the land is capable of fetching higher market value than @ Rs. 10/- per sq. yard depends on pure appreciation of evidence on record. The reference court and learned Single Judge have gone into the question and held that the land can fetch the maximum price of Rs. 10/- per sq. yard for the entire zone to the extent of 10 Bighas and 3 Biswas. The State Government did not file any appeal in this Court or High Court. It being a pure question of fact on appreciation of evidence, we cannot re- appreciate the evidence and come to our own conclusion in the absence of application of any wrong principle of law.

3. It is next contended that the appellant had constructed a house at a cost of Rs. 20,000/- but only a sum of Rs. 6,000/- was awarded and, therefore, he is entitled for higher compensation. This also is based on factual matrix and appreciation of evidence by all the Courts. We do not think that we would be justified to interfere with the value fixed at Rs. 6,000/- for the construction of house.

4. The appeal is accordingly dismissed, but, in the circumstances, without costs.

5. Appeal dismissed.

Advocate List
  • FOR

Bench
  • HON'BLE MR. JUSTICE K. RAMASWAMY
  • HON'BLE MR. JUSTICE B.N. KIRPAL
Eq Citations
  • (1995) SUPPL. 4 SCC 628
  • [1995] (SUPPL.) 4 SCR 715
  • 1995 (6) SCALE 433
  • JT 1995 (9) SC 563
  • 1996 (2) SCJ 93
  • LQ/SC/1995/1056
Head Note

Land Acquisition Act, 1894 — Ss. 23 and 28 — Compensation — Market value of land — Pure question of fact — Held, cannot be re-appreciated by Supreme Court — Land Acquisition (Amendment and Validation) Act, 1913 — S. 23 — Constitution of India, Art. 136