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TMI Blog2013 (7) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... RFA No.129 of 1999, wherein the appellant in C.A.No.2443 of 2005 was the appellant before the High Court. The appellants were husband and wife. The appellant in C.A.No.2443 of 2005, died during the pendency of the appeal before the High Court and the appeal was pursued by his LRs. 2. The question involved in these two appeals is about the value of the land to be determined under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ). There was a Notification under Section 4 of the Act, issued on 26.03.1983, followed by a Notification issued under Section 17(1) of the Act, in respect of the lands situated in Shahibabad Daulatpur, Khera Kalan, Siraspur and Samaipur villages. Under Section 6 of the Act a dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court and the High Court by the impugned judgment enhanced the value to a sum of Rs.42,000/- per bigha. Aggrieved against the same, the appellants have come forward with these appeals. 4. We have heard Mr.Sanjay Sharawat, learned counsel appearing for the appellants and Ms.Rekha Pandey, learned counsel for the respondent (s). We have also perused the Award, the judgment of the Reference Court, as well as that of the Division Bench of the High Court and other material papers placed before us. 5. Having considered the respective submissions and the judgment impugned, along with the other material papers, we are of the considered opinion that further enhancement to a marginal extent can be justifiably granted in favour of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cular for setting up an industrial estate. Notification under Section 4 of the Act in that case was dated 27.07.1984 and the total extent of land acquired was 2123 bighas and 5 biswas. The land value fixed by the Acquisition Officer was Rs.17,000/- per bigha for category A lands and Rs.13,000/- per bigha for category B lands. The reference Court enhanced it to Rs.25,000/- per bigha for A category and Rs.21,000/- per bigha for B category. In respect of some of the lands in B category, it was fixed at Rs.22,000/- per bigha. The High Court enhanced it to a sum of Rs.50,000/- per bigha for leveled land and Rs.45,000/- per bigha for the lands in depression. 8. While fixing the land value at Rs.50,000/- per bigha in Balbir Singh s case, the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, has deposed before the reference Court and confirmed that the site plan marked as E is the correct consolidated site plan of village Samaipur and village Shahibabad Daulatpur. He also further confirmed that the boundaries of village Shahibabad Daulatpur and of village Samaipur are adjoining and continuous. By relying upon the testimony of P.W.1, the son of the appellant, as well as P.W.3 the Halqa Patwari, it was contended that the lands of the two villages viz., Shahhibabad Daulatpur and village Samaipur are adjoining villages and, therefore, the market value of the lands of these two villages cannot be different. 11. The High Court has in fact accepted the submission by referring to village Siraspur with reference to the lands, pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... swas in Khasra No.33/26, covered by Award No.57/83-84. Thus, the extent of land acquired from the appellants were also considerably large. The total extent of land thus, acquired in all the four villages were around 785 bighas of continuous lands and the acquisition was for the purpose of establishing the Delhi Technological University. 14. We are, therefore, of the view that while every other reasoning of the Division Bench in adopting the value, which was fixed in Balbir Singh s case was justified, there is no need to deduct any amount from the said value, in as much as the exemplar relied upon by the Division Bench in Balbir Singh s case, were all sale deeds pertaining to the period 18.01.1982 to 22.07.1983 i.e., prior to the very fir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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