Mr. Raja Ram and Another Vs. Union of India and Others

Mr. Raja Ram and Another vs Union of India and Others

Type Court Judgment Court Delhi Decided Feb 15, 2001

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Citation: sooperkanoon.com/683783
Court: Delhi High Court
Judge: Mr. B.A. Khan and; Mr. M.S.A. Siddiqui, JJ.
Decided On: Feb 15, 2001
Case Number: L.P.A. 110/80
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

The case dealt with validity in reduction of compensation under Section 23(1) of the Land Acquisition Act, 1894, in relevance to reference - The court had awarded Rs. 14,000/- per bhiga and the first appeal was made by the union of India - In following the bhagimal's case court reduction of compensation, the LPA was...

Key legal issue: Property

Parties & Advocates

Appellant / Petitioner

Mr. Raja Ram and Another

Respondent

Union of India and Others

Legal References

Reported In: 2001IIIAD(Delhi)18; 90(2001)DLT420

Excerpt

the case dealt with validity in reduction of compensation under section 23(1) of the land acquisition act, 1894, in relevance to reference - the court had awarded rs. 14,000/- per bhiga and the first appeal was made by the union of india - in following the bhagimal's case court reduction of compensation, the lpa was claimed for enhancement, however the same was quashed - it was found that appellant was ready in receiving the negligible differential amount - hence it was ruled that compensation awarded by the reference court was to be affirmed - orderkhan, 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. thereforee, 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.

Full Judgment

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. thereforee, 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.

Same Court & Year Delhi · 2001 Same Parties Mr. Raja Ram and Another vs Union of India and Others Same Subject Property Same Judge Mr. B.A. Khan and; Mr. M.S.A. Siddiqui, JJ.

Property