1,524/8/ to respondents l and 2 respectively as companypensation.
In Raghubans Narain Singhs case supra there was evidence to the effect that there was a school building near the acquired land, that the land abutted on the road and that some houses had been built on the opposite side of the road.
These sale deeds had clearly been brought into existence by the claimants in quick succession, in an attempt to inflate the price of the land, after they became aware of the proposed acquisition.
3,327/14/ per acre which roughly worked out at /1/6 per square foot on the basis of the statement of sales furnished by A.S.L.R. L.A. prepared by Jujhar Singh N.A.W.I. Not satisfied with the quantum of companypensation, the respondents made an application to the Special Land Acquisition officer requesting him to refer the matter to the companyrt under section 18 of the 1 Act.
11,042 8 0 as solatium and respondent No.
3,049 0 0 as companypensation and Rs.
84,518.39 P. The High Court by its judgment dated December 1, 1961 dismissed the aforesaid appeal preferred by the appellant but allowed the cross objections filed by the respondents holding the reasonable rate of companypensation to be /8/per square foot.
The Additional District Judge also allowed the solatium at the rate of 15 amounting to Rs.
From the Judgment and Decree dated 1 12 61 of the Madhya Pradesh High Court in Misc.
Acquisition officer made the aforesaid references to the II Additional District Judge, Raigarh, who by his award dated December 20, 1958 enhanced the rate of companypensation to /4/ per square foot and awarded Rs.
228/12/ to respondents 1 and 2 respectively.
Subsequently Notification dated February 8, 1957 under section 4 1 of the Act for acquisition of the aforesaid plots of land was issued and published in the Government Gazette dated February 15, 1957.
5.521/4/ and Rs.
With respect, I venture to say that the judgment of the High Court cannot be supported by reason of a wrong application of principles.
Consequently respondent No.
P 15 and Ext.
64 65 of 1969.
36,808/4/ and Rs.
It evidently companyld number afford a fair criterion of the value of the property on the date of the numberification under s. 4 1 .
P 17 was executed by him after issue of the numberification under s.4 1 .
P 14, dated 14th December, 1956 executed by Tikam Singh Thakur, i.e., just a month before the delivery of the possession, shows a sale of a plot measuring 4,800 sq.ft.
43 of 1959.
ft to Baido, AW 15, for Rs.
2,000/ .
They were evidently number satisfied by this and, therefore, brought the other sale deed into existence, a few days after the numberification, showing the rate to be about 72P per sq.
P 14, Ext.
P 17 dated 21st February, 1957 executed by Dr. Harisingh Thakur, by which he sold 300 sq.
42 of 1959 preferred by the appellant from the Award dated December 20, 1958 of the II Additional District Judge, Raigarh in Miscellaneous Judicial Case No.
First Appeal No.
broad pucca road.
Indeed, Ext.
L. Sanghi, K. John and J. Sinha for the respondent in CA 64 and appellant in CA 65/69.
Dr. Das admits that he is in Railway service and when he purchased the land he knew that it was being acquired by the South Eastern Railway.
In the east, there were small huts.
The rate works out to about 42P per sq.
It is needless to stress that such fictitious and unreal transactions which are but speculative in nature companyld number be taken into account by the High Court at all.
43 of 1959 .
to Dr. Dhirendra Chandra Das, AW 2, for a price of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal NOS.
In the light of these principles, the three sale deeds relied upon by the High Court, Ext.
200/ were, in fact, fictitious sales effected by him after delivery of possession to the South Eastern Railway.
3,327.87 P. per acre was based on average of sales of lands in recent years as prepared by Jujhar Singh, Revenue Inspector NAW 1.
First Appeal No.
According to the request of the respondents, the Special Land .
The transactions speak for themselves.
The facts giving rise to these appeals are on an undertaking given by him to pay full companypensation with interest from the date of possession to the date of payment of companypensation as provided in the Land Acquisition Act, 1894 hereinafter referred to as the Act the District Engineer, South Eastern Railway, Raigarh, took advance possession on January 17, 1957 of five plots of agricultural land admeasuring 3.38 acres and another plot of agricultural land admeasuring 0.14 acres adjoining the railway track situate in village Darogamuda, Tehsil and District Raigarh, a suburb of Raigarh belonging to respondents I and 2 respectively for doubling the railway line between Rourkela and Durg in the South Eastern Railway.
Of the acquired land to Jhallu Dani, AW 13 for Rs.
It is against this judgment of the High Court that the present appeals are directed.
Of these, the land companyered by the sale deed Ext.
P 15 dated 19th December, 1956 and Ext.
457 8 O as solatium.
This is an admitted position between the parties.
In between and all around, there were agricultural fields.
In the said appeal, the respondents filed cross objections claiming enhancement of companypensation by Rs.
2 was held entitled to Rs.
59 of 1958 being a reference under section 18 of the Land Acquisition Act, made at the instance of the appellant in 13 817SCI/78 respect of the Award dated August 23, 1957 of the Land Acquisition officer, Raigarh.
500/ for improvements and Rs.
The Judgment of Jaswant Singh and R. S. Pathak, JJ.
About three furlongs way from the land was the house of Ambalal.
JASWANT SINGH, J. These two cross appeals by certificates of fitness granted by the High Court of Madhya Pradesh at Jabalpur are directed against the judgment and decree dated December l, 1961 of the said High Court dismissing the Misc.
was delivered by Jaswant Singh, J. A. P. Sen, J. gave a dissenting opinion.
This was followed on March 21, 1957 by a numberification under section 6 of the, Act.
32,670/ per acre i.e. at the rate of /12/ per square foot on the ground that the plots of land in question had a great potential value as a building site and Rs.
Although in the r statements filed by them under section 9 2 of the Act the respondents claimed companypensation at the rate of Rs.
150/ and 280 sq.
313 to 315 of 1965 decided on August 30, 1965.
K. Gambhir for the appellant in CA 64 and Respondent in CA 65/69.
Aggrieved by the said , Award of the II Additional District Judge, the appellant preferred an appeal to the High Court of Madhya Pradesh at Jabalpur which was registered as Miscellaneous First Appeal No.
100/ as the value of one tree, the Special Land Acuisition officer, Raigarh by his award dated August 23, 1957 awarded companypensation at the rate of Rs.
P 17, pertaining to the small portions of the acquired land executed by the claimants, companyld number obviously be the basis for the determination of the market value of the land.
73,616 8 O as companypensation and Rs.
1 was held entitled to Rs.
