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1995 Supreme(SC) 1186

K.RAMASWAMY, K.S.PARIPOORNAN
Ratan Lal Gupta – Appellant
Versus
Union Of India – Respondent


Advocates:
A.QADRI, Mukul Mudgal, Tripurari Ray, VASIM A.QADRI

ORDER

1. The application for substitution is allowed.

2. Notification under Section 4(1) of the Land Acquisition Act, 1874 (for short the Act) acquiring, land admeasuring about 5.29 acres (28 bighas) comprised in Khasra Nos. 351/305/162 etc. situated in Yaquatpur, Delhi for the planned development (was published in the Union Gazette on 4-2-1964). The Collector in his award dated 26-5-1965 determined compensation at Rs 5000 per bigha together with 15% solatium and interest @ 6%. The Additional District Judge by his award and decree dated 5-8-1969, determined the compensation at the rate of Rs 30 per sq. yard. On further appeal under Section 54 of the Act, the learned Single Judge determined market value at Rs 78 per sq. yard, deducted Rs 7 for development charges, fixed the land available as per the layout at 78.45% of the land areas saleable for plots. The learned Judge further held that market value for undeveloped area was Rs 23 per sq. yard while for the developed area in Greater Kailash Part I, the market value came to Rs 39.34 per sq. yard. On application of the average, the learned Judge fixed the market value at Rs 40 per sq. yard. On letters patent appeal, the Division Benc





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