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1995 Supreme(SC) 1188

K.RAMASWAMY, K.S.PARIPOORNAN
Pehladsingh – Appellant
Versus
Union Of India – Respondent


Advocates:
C.V.SUBBA RAO, Prem Prasad Juneja

ORDER

1. The notification under Section 4(1) of the Land Acquisition Act, 1984 (for short, the Act) was published on 8-3-1957 for planned development of Delhi. The lands acquired for the development are 8.40 acres out of which the land of appellants are small in extent. In Justice A. S. Bhandari v. Union of India, the Division Bench of the High Court determined the market value at Rs. 10 per square yard, i.e., Rs. 10,000 per bigha. The appellant, aggrieved by that, filed this appeal. The only question is whether it is a fit case to enhance the compensation to Rs. 12 per square yard, i.e., Rs. 12,000 per bigha as claimed by the appellant. Shri Juneja, learned counsel appearing for the claimants contended that the lands in Justice Bhandari case are brick-kiln lands while the lands of appellant are agricultural lands. Therefore, the appellants are entitled to higher compensation. It is further contended that the notification under Section 4(1) was quashed in subsequent proceedings which was ultimately upheld on 8-11-1968. No further notification under Section 4(1) was published. Had it been so published, further increase of the compensation at Rs. 12 per square yard would be just and

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