Singh & Anr Vs. Union of India  INSC 717 (21 November 1995)
K. Ramaswamy, K. Paripoornan, K.S.(J)
1996 SCC (1) 310 JT 1995 (8) 498 1995 SCALE (6)697
APPEAL NO.171 OF 1985
O R D
notification under Section 4(1) of the Land Acquisition Act, 1894 (for short,
`the Act') was published on March 8, 1957
for planned development of Delhi. The
lands acquired for the development are 8.40 acres out of which the land of
appellants are small in extent.
Justice A.S. Bhandari vs. Union of India, (LPA No.81 of 1979) decided on May 1, 1980, the Division Bench of the High Court determined the
market-value at Rs.10 per square yard, i.e., Rs.10,000/- per bigha. The
appellant, aggrieved by that, filed this appeal. The only question is whether
it is a fit case to enhance the compensation to Rs.12/- per square yard, i.e.,
Rs.12,000/- per bigha as claimed by the appellant. Sri Juneja, learned counsel
appearing for the claimants contended that the lands in Justice Bhandari's case
are brick-kiln land while the lands of appellant are agricultural lands.
Therefore, the appellants are entitled to higher compensation. It is further
contended that the notification under Section 4(1) was quashed in subsequent
proceedings which was ultimately upheld on November 8, 1968.
further notification under Section 4(1) was published.
been so published, further increase of the compensation at Rs.12/- per square
yard would be just and fair compensation. Having given consideration to the
contention of Shri Juneja, we find it difficult to accept the same. On the
facts, evidence relied in Justice Bhandari's case is a sale deed of 560 square
yards in which admittedly the market-value was fixed at Rs.12/- per square
yard. Since it is a small extent of land, which formed the basis of the case to
determine compensation at Rs.10/- per square yard, the same price would not
commend when large extent of land is offered for sale to a willing purchaser.
that yard-stick in view, we think that it is not a fit case for further
appeals are accordingly dismissed but without costs.