Mr. Raja Ram And Another vs Union Of India And Others
2001 Latest Caselaw 243 Del

ORDER

Khan, J.

1. Appellants land measuring 500 square yards was acquired in Village Shakurpur pursuant to Section 4 Notification dated 24.10.1961. Reference Court awarded them compensation at the rate of Rs.14,000/- per bigha by relying upon a sale deed ext. -A2 dated 9.11.1959. This made a difference of only Rs.2,375/- to each claimant as against the award of the Collector.

2. All the same respondent filed an appeal against this (RFA No.225/70) which was disposed off by First Appellate Court in terms of Bhagmal's case which in turn was disposed off in terms of Ram Mehr's case (RFA No. 409/71) awarding general compensation of Rs.8,000/- per bigha of land in Shakurpur village, and having the consequence the reducing the compensation in the present case to few thousands of rupees.

3. Appellants feel aggrieved of this and have filed this appeal. We have already decided a connected appeal (LPA No.256/79) quashing the same judgment of the First Appellate court and for the reasons given therein we do so in this case also but without creating any precedent that Rs.14,000/- per bigha of land was the market value in Shakurpur Village in reference to Notification dated 24.10.1961. In the present case appellants are said to have received the negligible differential amount already and considering that their area of land was also small plot of 500 square yards or so, it would be unjust to upset the applecart now even if awarded amount was liable to be reduced.

4. Therefore, all told we allow this appeal and quash judgment dated 17.10.1979 passed in RFA No. 225/70 and affirm that of Reference Court dated 22.1.1970 passed in LAC 182/68.