Union of India vs Bharat Singh and Others

Devinder Gupta, J.—The appeal has been, filed by Union of India u/s 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") praying that the amount of compensation as determined by the Reference Court by the impugned award dated 28.8.1975 be reduced and fixed at Rs. 5,000/- per bigha for land in Block-A and at Rs. 3,000/ per bigha for in Block-B. The claimant/respondent has in the cross-objections sought further enhancement contending that the compensation be awarded at the rate of Rs. 10,000/- per bigha.

Claimants'' land situate at village Jaitpur was acquired for public purpose, namely Ash Disposal and Railway Siding Badarpur Thermal Power Project through Notification issued u/s 4(1) of the Act on 6.1.1969. Collector made his Award No. 26/70-71 on 28.8.1970. He classified the lands in three categories, namely A, B, and C and offered amount of compensation as follows:

Block-A Rs. 2,775/- per bigha Block B Rs. 1,850/- per bigha Block-C Rs. 600/- per bigha

Feeling dissatisfied claimant sought reference. The Reference Court by the impugned award determined the amount of compensation holding the fair market value as follows:

Block-A Rs. 5,500/- per bigha Block-B Rs. 3,700/- per bigha Block-C Rs. 1,200/- per bigha

No useful purpose would be served by separately evaluating evidence in this case by us since the evidence relied upon by the parties is the same, which was duly considered by a Division Bench of this Court in R.F.A. No. 41/76 ( Sabharai v. Union of India) decided on 14.2.1979. In Smt. Sabharai''s case (supra), claimant''s land situate in same village Jaitpur was acquired for the same public purpose and through the same notification. This Court held fair market value for the three categories of land as follows:

Block-A Rs. 9,000/- per bigha Block-B Rs. 6,450/- per bigha Block-C Rs. 2,500/- per bigha

We fully agree with the decision rendered in Smt. Sabharai''s case (supra), and there is no reason that why in the case there would be any discrimination in the matter of payment of compensation to the claimants. There is no material brought to our notice justifying reduction in the amount of compensation. Claimants deserves to be paid compensation as per the market value determined in Smt. Sabharai''s case (supra).

Consequently, the appeal (R.F.A. 132/76) is dismissed. Cross Objections (C.M. 67/83) are allowed with proportionate costs holding the claimants to be entitled to compensation at the rate of Rs. 9,000/- per bigha; at the rate of Rs. 6,450/- per bigha; and Rs. 2,500/- per bigha for Block-A, Block-B and Block-C lands. The claimants are also held entitled to solarium at the rate of 15% on the enhanced market value and interest at the rate of 6% p.a. from the date of Collector taking possession till payment.

Appeal dismissed.

Cross Objections allowed.