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2002 Supreme(Del) 316

S.MUKERJEE, DEVENDER GUPTA
VIMAL KUMAR SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


Devinder Gupta

( 1 ). With the consent of the parties, appeal has been taken up today for hearing.

( 2 ). Appellant s land situate in village Pul Pehlad, Mehrauli, New Delhi was acquired pursuant to Notification issued under Section 4 of the Land Acquisition act (hereinafter referred to as the act ) dated 23. 1. 1965. Declaration was made under Section 6 of the Act on 13. 1. 1969. The Collector, Land Acquisition made his award No. 63/82-83 on 31. 1. 1983 and offered compensation @ Rs. 4. 000/- per bigha. Feeling dissatisfied, reference petition seeking determination of the amount of compensation was filed. Reference was forwarded to the Court. By the impugned award datedl. 9. 1994, the Reference Court assessed the market value of the acquired land @ Rs. 9,000/- per bigha. Still, feeling dissatisfied, this appeal has been preferred claiming that the market value ought to have been assessed at Rs. 50,000 / - per bigha.

( 3 ). Our attention has been drawn to the decision of this Court in Hamdard dawakhana (WAQF) v. Union of India, RFA No. 438/1979 decided on 27. 9. 2001. By the said decision, fair market value of the land situate within the same village Pul pehlad was assessed @ Rs. 4



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