yard on 2nd April, 1956, it would be reasonable to take the market value on 30th October, 1951 and 28th January, 1954 at Rs 9/ per sq.
yard and this award was allowed to become final.
The Land Acquisition Officer awarded Rs.
12/ per sq.
40/ per sq.
There was, subsequent to the present two acquisitions, another acquisition made under a numberification dated 2nd April, 1956 issued Under Section 4 in respect of an area of 4 acres 3 gunthes out of the same block of land companyprising Survey Nos.
The State Government preferred an appeal against the a ward made by the District Court, but the appeal was dismissed and the award of the District Curt became final.
6/ per sq.
6, 9, 10 and 11.
6, 9, 10 and 11 between 30th October, 1951 and 28th January, 1951 It was also number disputed on behalf of the State Government at least it so appears from the judgment of the High Court that the qualify of the land acquired under the numberifications dated 30th October, 1951 and 28th January, 1954 was number different from that of the land acquired under the numberifications dated 18th April, 1946 and 2nd April, 1956 Now, if the market value of the same quality of land in the same area was Rs.
12/ per sq.yard for good land and 25 paise per sq, yard for bad land as and by way of companypensation for the acquisition under both the numberifications.
yard for bad land This enhancement did number satisfy the appellants and hence they preferred a separate appeal in respect of each acquisition to the High Court.
6, 9, 10 and 11 and in respect of the first acquisition undo numberification dated 18th April, 19 46 the companypensation was finally determined at Rs.
yard, but the District Court on a reference made an award dated 80th September, 1969 granting companypensation at the rate of Rs.
On 18th April, 1946 a numberification was issued under Section 4 for acquisition of an area of about 7 acres out of the same block of land companyprising Survey Nos.
6, 9, 10 and 11 and this was followed by a numberification Under Section 6 and proceedings for determination of companypensation in respect of this acquisition were carried tight upto this Court and by a judgment dated 3rd May, 1968 this Court companyfirmed the award of companypensation at the rate of Rs.
12/ per sq.
6/ per sq yard while in respect of the 4th acquisition made under the numberification dated 2nd April, 1956 companypensation was awarded at the rate of Rs.
1/ per sq.
yard for good land Rs.
The appellants who are admittedly the owner of both the areas acquired under the two numberifications carried the matter by way of reference to the District Court under Section 18 and the District Courts increased to amount of companypensation to Rs.
6, 9, 10 and 11, The appellants claimed companypensation in respect of this acquisition at the rate of Rs.
12/ per sq.
It will thus be seen that four different acquisition were made out of the same block of land companyprising Survey Nos.
We are companycerned with the 2nd and the 3rd acquisitions which were made under the respective numberifications dated 30th October, 1951 and 28th January, 1954.
yard, being the mean between Rs 6/ and Rs.
6, 9, 10 and 11 and the awards of companypensation in respect of these acquisitions have become final and they afford the clearest evidence for determining the companypensation awardable to the appellants in respect of the present two acquisitions.
The first numberification under Section 4 was issued on 30th October, 1951 in respect of an area of approximately 4 acres of land, while the second numberification Under Section 4 was issued on 28th January, 1954 in respect of another area of approximately 4 acres, both the areas being out of the same block of land companyprising Survey Nos.
3 75 per sq.
Both the District Court and the High Court proceeded on the basis that the rate of companypensation in respect of both these acquisitions would be the same, because there was hardly any difference in the market value of the land companyprised in Survey Nos.
The appellants thereupon filed the present appeals after obtaining special leave from this Court.
N. Bhagwati, J. This appeal arises out of proceedings for determination of companypensation in respect of acquisition of certain areas of land in survey Nos.
6, 9, 10 and 11 of under two different numberifications issued under Section 4 followed by numberifications under Section 6 of the Land Acquisition Act, 1894.
