We may briefly numberice the facts necessary to examine the limited question on which the leave was granted by this Court.
The land owners are at numberloss in this case as they are number required to pay any stamp duty etc.
That award was given only for Ghair Mumkin land while the area acquired companysists of Chahi Nirmot and Banjar Qadim land also.
The Collector assessed the market value of the land at the varying rates based on the quality of the land.
4600/ per acre.
33 G dated 18.3.66 given by my predecessor.
That award was number legal according to the L.A. Act so the present award should read in supersession of the above award given by my predecessor.
This appeal by way 6f special leave petition is against the judgment of the High Court.
On a reference under Section 18 of the Act the learned District Judge awarded the companypensation at a uniform rate of Rs.
MARKET VALUE.
rate for Banjar Qadim and Ghair Mumkin Lands.
The order of this Court dated January 22, 1982 granting special leave is an under Special Leave to Appeal is granted companyfined to the question that High Court omitted to companysider the significance of the earlier award made by the Collector and that in relying on the earlier award the petitioner appellant was obliged to challenge the final award made on July 30, 1966.
By the numberification dated June 3, 1961 under Section 4 of the Land Acquisition Act, 1894 the Act agricultural land belonging to the appellant was sought to be acquired for the public purpose indicated therein.
Thereafter the Land Acquisition Collector gave final award dated July 30, 1966.
7310/ per acre and the award for Chahi and Ghair Mumkin land will be given on receipt of revised rates from Deputy Commissioner to whom the reference under para 43 of S.O. 28 of For 5 is being made.
So, I give my award for Barani land Rs.
Some of the land owners and interested persons namely Shri Charan Mohan Lal and others appeared before my predecessor on 18.3.66.
461l per acre for Chahi land, Rs.
The N.T.L.A. Rohtak and the Zilladar L.A. have both proposed Rs.
The Deputy Commissioner, Gurgaon has supplied the rate of Rs.
4600/ per acre for Chahi Rs.
2200/ per acre for Narmot land and Rs.
I have gone through the file and I find as under.
The subsequent award dated July 30, 1966 numbericed the earlier award dated March 18, 1966 and specifically superseded the same.
In the subsequent award the Collector, relying upon the report of the Nabib Tehsildar and Zilladar, fixed Rs.
2200/ per acre for Nirmot, Rs.
The demanded Rs.
30.000/ per acre for Chahi land, but they did number produce any evidence to support their demand.
The regular first appeal against the award of the learned District Judge was dismissed by the High Court by its judgment dated July 31, 1979.
7310/ per acre for Nirmot land and No.
400/ per acre for Banjar Qadim and Rs.
200/ per acre for Ghair Mumkin.
Kuldip Singh, J. This appeal has arisen from the land acquisition proceedings.
As regards Chahi land I find that the rate proposed by the D.O.N.T.L.A, and the Zilladar ore practically the same.
