MOHAN LAL Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) All the above mentioned appeals shall stand decided by this common order as they arise out of the same impugned judgment and award. The facts in short are that the respondent-Rajasthan Housing Board acquired about 38].10 bighas of land in village Sunthla Municipal Area, Jodhpur. The notification under Sec. 4 of the Land Acquisition Act, 1953 (hereinafter referred to as "the Act, 1953") for acquiring the said land was issued on 4.81979. The notification under of the Act, 1953 was issued on 14.2.1980. Thereafter, the award was passed on 16.7.1980 and the possession was immediately taken after that on 16.61980. The Land Acquisition Officer granted Rs. 2100/- per bigha as compensation to the claimants. Aggrieved, the claimants challenged the said award passed by the Land Acquisition Officer. All the 21 references cases were consolidated and the Civil Judge, Jodhpur, proceeded to decide the said references. The same were decided by the Civil Judge, Jodhpur vide its judgment and order dt. 16.9.1993. While deciding the said references, the Court enhanced the amount of compensation to Rs. 3100/- per bigha. The claimants being dissatisfied with the said award have filed S.B. Civil Misc. Appeals No. 73/1994, 40/1994, 41/1994, 42/1994, 43/1994, 44/1994, 45/1994, 46/1994, 72/1094, and 94/1994 and the Rajasthan Housing Board on the other hand have filed their counter appeals being S.B. Civil Misc. Appeals No. 168/1994, 169/1994, 170/1994, 171/1994 172/1994, 173/1994, 174/1994, 175/1994, 177/1994, 178/1994, 179/1994, 180/1994, 181/1994, 182/1994, 183/1994, 184/1994, 185/1994, 186/1994, 187/1994, 188/1994, 413/1994 and 427/1994.

(2.) While praying for enhancement, learned counsel for the appellants-claimants submitted that the said land was situated within Municipal Limit of Jodhpur Municipal Corporation since the year 1962. The land was building site at the time of acquisition and it was also in close proximity to other residential area at the time of acquisition. The Civil Judge did not consider the same while awarding compensation. The market value of the land at the time of acquisition was high in the year 1979 itself. Reliance was placed on letter Exhibit-3 issued by the Urban improvement Trust, Jodhpur showing that the price of the land sold by UIT, Jodhpur in Kamla Nehru Nagar in the year 1979 was Rs. 41/- per Square Yard i.e. Rs. 79,376/- per bigha, which was on lease basis, whereas, the land acquired in the present acquisition proceedings was free hold. Thus, the value of the land acquired was still higher. The establishment of the University, Engineering College, Medical College, Regional Command of Air Force as well as Boarder Security Force had resulted in the high demand for residential building, which resulted in high market value of the land. Even, as per the Master Plan for Jodhpur, the said area was marked as residential area. As per Exhibit-2, which a registered sale-deed, the value of similar land was Rs. 45000/- per bigha in the year 1981. The land covered by sale-deed Exhibit-2 has the same potential as the acquired land. The land in Exhibit-2 and the land in question is situated at equal distance from the centre point i.e. "Siwanchi Gate" Jodhpur. It was the most comparable instance of sale. The appellants claimed compensation at the rate of Rs. 1.80 per Square feet, which comes to Rs. 16.20 per Square yard, i.e. Rs. 31,363.20 per bigha.

(3.) The claimants also filed additional documentary evidence under Order 41 Rule 27 read with Sec. 151 of the C.P.C. on 24.4.2007. The said application was allowed by this Court vide order dt. 30.5.2007. The certified copies of the award, certified copies of the registered sale-deeds and other documents, which were taken on record are as under:--