The Land Acquisition Collector briefly the Collector awarded companypensation at the rate of Re.
This land had a frontage on the Princess Road off Kingsway and was behind the Model Town companyony.
4/ and Rs.
The numberification under Section 6 of the Act was made on September 13, 1962.
70/ per square yard or Rs.
1000/ per bigha.
1/ per square yard which was increased to Rs.
The facts appearing from the judgment are as follows Harbans Lal Jain, the appellant, had purchased an area of land measuring 206 bighas and 11 biswas in village Duripur some time in 1950.
8/ in 1959.
existed and where the price of the land was Rs.
70/ per square yard.
The Collector by his award dated January 28, 1963, offered to the appellant Rs.
2355 of 1972, with certificate.
He also pointed out that the land in question was adjacent to the fully developed Model Town companyony, where all services such as pucca road, electricity, water supply, sewage, etc.
8/ per square yard basing his decision upon the earlier High Court judgment which we have already adverted to.
16/ per square yard, being double the rate awarded by the High Court in 1959.
On October 3, 1959, a numberification under Section 4 of the Land Acquisition Act 1894 briefly the Act was made by the Government which ultimately culminated in the acquisition of 43 bighas 4 biswas out of this land.
There was numberfurther appeal to this Court against that order of the High Court of Punjab.
Thereupon the appellant preferred an appeal to the Delhi High Court.
The High Court of Punjab in appeal further increased the companypensation to Rs.
He further stated that the land was number in a low lying area, as held by the Collector, and was suitable for developing a companyony and the companypensation should have been awarded by the Collector at the rate of Rs.
2,500/ per bigha as against his claim of Rs.
On July 23, 1962, the Government issued another numberification under Section 4 of the Act in respect of the remaining land companyprising an area of 163 bighas and 7 biswas.
10/ per square yard.
The respondent, Union of India, also being aggrieved by the judgment of the High Court filed a companynter appeal, Civil Appeal No.
70,000/ per bigha.
It was also pointed out by the appellant that the land abutted on the Princes Road which is a metalled road and had a potential value being situated in the best expanding locality.
In 1951 52 the appellant sold certain plots out of this land without getting any plans sanctioned by the appropriate authorities.
2/8/ per square yard by the Additional District Judge in the relevant reference case.
His case was that the value of the land at the time of the numberification in 1962 was more than ten times the price prevailing in the years 1950 52.
The appellant claimed for a reference to the companyrt under Section 18 of the Act and the Additional District Judge, Delhi, by his judgment dated December 18, 1967, enhanced the companypensation to Rs.
Hence Civil Appeal No.
8/ per square yard by its judgment dated July 24, 1963.
1106 of 1972 by certificate by the appellant.
70,000/ per bigha.
The High Court enhanced the price of the acquired land to Rs.
In this land there was an area of 4 bighas 10 biswas which was a nullah for which the Collector awarded Rs.
After excluding the land which was the subject matter of previous sales by the appellant and the land companyered by the nullah, there remained 76 bighas 6 biswas in respect of which the appellant prayed for a reference claiming at the rate of Rs.
According to the appellant, in 1950 51 52 the appellant himself had sold various plots of land at rates varying between Rs.
The reasons given by the High Court enhancing the price of the land may be quoted below The argument is that the fair market price of a portion of this very land was fixed by the High Court at Rs.
Thereafter, there has admittedly been a trend of rise in the prices.
5/ per square yard.
The ratio of the rise is indicated number only by the sale of plots in Model Town companyered by Exhibits A. 1 to A. 5 but also by the sale of other agricultural land on which reliance was placed by the respondent and this ratio shows that between 1959 and 1962, there was a rise of at least 100 in the price of land in that area.
100/ pee square yard.
Goswami, J. These two companynter appeals by certificate are directed against the judgment of the Delhi High Court in a land acquisition case.
