Sohan Lal Vs. Union of India  INSC 1324 (25 October 1996)
O R D
have heard learned counsel on both sides.
under Section 4(1) of the Land Acquisition Act, 1894 (for short, the 'Act') was
published on January
23, 1965 acquiring
about 14,000 bighas of land in Kalkaji, Tughalakabad for planned development.
The dispute in the present proceedings relates to 38 bighas, 5 biswas of the
land. The District Collector awarded compensation @ Rs.700/- per bigha for
lands with deep pits of 8 to 10 ft. The reference Court enhanced the
compensation @ Rs. 4000/- per bigha. The High Court enhancing the compensation
@ Rs.7,000/- per bigha for land with pits and for the levelled hand, Rs.
17,000/- per bigha and deducted 1/3rd towards the development charges and
determined the compensation accordingly.
Mudgal, learned counsel for the appellant, contended that the High Court having
enhanced that compensation to Rs. 40,000/- per bigha for the levelled up land
in a similar case, compensation @ Rs.7,000/- per bigha for the land with pits
of a depth of 8 to 10 feet is illegal. It is contended, on the other hand, by
the learned counsel for the respondents that the compensation awarded by the
High Court @ Rs.7,000/- per bigha for the land with deep pits of 8 to 10 feet
is just and adequate. There is no warrant to enhance the compensation. He also
states that the High Court had granted compensation for the levelled up land @ Rs.
40,000/- per bigha and deducted 1/3 but the lands in question is not on the
same parity. The lands are clearly required to be developed to bring on par
with levelled land and huge amount is required for development. Under those
circumstances, there is no warrant to further enhance the compensation.
view of the rival contentions, the question for consideration is: whether the
grant of Rs. 7,000/- per bigha for the land, admittedly, with the deep pits of
an extent of 8 to 10 feet requires further enhancement of the compensation ? It
is not in dispute that the compensation granted @ Rs. 40,000/- per bigha was
only in respect of a small piece of land. In all the other case compensation @ Rs.
7,000/- per bigha of the land in which there are deep pits of the depth 8 to 10
feet has been awarded and become final. The lands require development and
expenditure in that behalf is needed. The High Court has considered all the
relevant facts and found that uniform rate of Rs.7,000/- per bigha for the land
with deep pits of 8 to 10 feet depth would be the proper compensation. In the
absence of any compelling material, nor the High Court refused to advertto, we
cannot enhance the compensation from that awarded by the High Court which was
not challenged by the Union of India.
these circumstances, we do not find any circumstance warranting any
appeal is accordingly dismissed. No costs.
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