- (1.) A notification under Section 4 (1 was published on 2/6/1978 acquiring 21.64 acres of land in Mauli Jagaram Village, near Chandigarh for establishment of a brick-kiln for Chandigarh Housing Board. The Landacquisition Collector in his award under Section II of the Act dated 12/7/1978 classified the land and awarded the compensation between Rs. 21,000. 00 a to Rs. 48,000. 00 per acre. On reference, the Additional District Judge in his award and decree dated 28/1/1980 had uniformly enhanced the compensation to Rs. 27,000. 00 per acre, without agreeing with the classification of the land made by the Collector. On further appeal under Section 54, the High court by its judgment and decree dated 17/1/1983 in RFA No. 821 enhanced the compensation to Rs. 50,000. 00 per acre. Still not being satisfied, the appellant has come to this court by special leave.
(2.) The learned counsel Shri L. R. Singh for the appellant has contended that as early as in 1971 and 1974 the market value of the land was ranging between Rs. 37,500. 00 to Rs. 62,000. 00 per acre. The High court ought to have relied on the awards made by the court in RFA No. 2608 of 1980 wherein Rs. 3,75,000. 00 per acre was awarded for the acquisition to establish Mani Mazra Motor Market and Rs. 62,000. 00 per acre was awarded in LPA No. 1297 dated 22/9/1982 wherein the acquisition was near Chandigarh by the side of the town which is equidistant from the land under acquisition on the other side of the road. Therefore, the claimants are entitled to the compensation at Rs. 1 lakh per acre. We Find no force in the contention. The learned Judge of the High court has pointed out in his judgment thus: "It cannot be disputed that in the area of Chandigarh the prices have been rising and by the time the acquisition was made in June 1978, the rise would have been such that the value would have been Rs. 50,000. 00 per acre. It is true that in December 1974 for Village Buterla the compensation was allowed at the rate of Rs. 33,000. 00 per acre, but for the acquisitions made in 1977-78 the compensation was allowed at the rate of Rs. 62,000. 00 in Jaswant Singh case. The villages in which acquisitions were made in Jaswant Singh case were more close to the town of Chandigarh and on the same side of Sukhna Choe as is the town of Chandigarh, and therefore had higher value as compared to the land on the other side of Sukhna Choe where the acquisition has been made in this case. Therefore, seeing the case from any angle, I am of the considered opinion that it would be reasonable to award the compensation at the rate of Rs. 50,000. 00 per acre in these appeals and I order accordingly. "the learned Judge, having had the knowledge of topography of Chandigarh and the neighbourhood had considered that the lands in other area are though situated on the opposite side, are situated in developed area, while the lands under acquisition were not similarly situated on the other side of the road wherein lands were not developed. The very fact, that the acquisition in this case was for brick-kiln, clearly indicates that it was not such a developed area as contended. As early as in 1974 when the court itself determined the compensation of Rs. 33,000. 00 per acre, the fixation of the market value at Rs. 50,000. 00 per acre cannot be said to be arbitrary or illegal. Two sale instances of 1971 and 1974 are of small extents and so they do not provide reasonable and safe basis nor can be relied on, as rightly done by the Highcourt, to determine compensation of large extent of land. The High court, therefore, was right in determining compensation at Rs. 50,000. 00 per acre. The appeal is accordingly dismissed. No costs.;