- (1.) Leave granted.
(2.) Notification under Section 4 (1 of the Rajasthan Land Acquisition Act, 1953 was published on 21/8/1969 acquiring a large extent of 484 bighas 11 biswas of land for Jaipur Urban Development Scheme by different notifications. An extent of 4 acres 5 biswas (9845 sq. yds. ) relates to the acquisition in appeal arising out of Special Leave Petition (Civil) No. 14811 of 1994. In respect of the appeal arising out of a Special Leave Petition (Civil) No. 6519 of 1994, an extent of 10 bighas 7 biswas was acquired. The Land Acquisition Officer determined the compensation by his award dated 16/7/19811 and 12/10/1981 respectively determining the compensation at the rate of Rs. 5,000. 00 per bigha to the respondent-Jai Ambe Coop Housing Society and Rs. 7,500. 00 per bigha to the respondent-Mahavir Housing Coop Society. On reference, the Civil Judge enhanced the compensation at the rate of Rs. 40,000. 00 per bigha. As regards the award of the Civil Judge, an appeal was filed against the respondent-Jai Ambe Cooperative Society Ltd. The learned Single Judge in Appeal No. 142 of 1992 has confirmed the same by judgment dated 2/5/1994. As regards the award in favour of Mahavir Housing Cooperative Society, no appeal was filed. But in execution an objection has been raised regarding additional amount awarded under Section 23 (1-A) which was negatived. On revision, the High court in Revision No. 1059 of 1993 dated 20/12/1993 confirmed the same. Thus, these appeals by special leave.
(3.) When the matter relating to Mahavir Housing Cooperative Society initially came up, notice was confined in respect of Section 23 (1-A) , but later when it was brought to our notice of the fraud and collusion between the officers entrusted with the prosecution on behalf of the appellant and the claimants, we have indicated to the counsel that we would go into the question of determination of the compensation. Thus, these cases are heard together. It is seen that from the evidence adduced before the Reference court in respect of Jai Ambe Cooperative Housing Society except one claimant Mr Garg, no documentary evidence has been adduced in support of the claimant for enhancement. Two awards under Section 26 came to be filed in which one award relating to the Mahavir Housing Cooperative Society and another award relating to the same notification but an amount of Rs. 24,000. 00 per bigha was awarded. As regards the claim in Mahavir Housing Cooperative Society is concerned, they relied upon a judgment of the High court in which the High court has granted to some lands at the rate of Rs. 12. 00 per sq. yd. which relates to the acquisition of 1964 and also a certificate issued by Tehsildar relating to some other village, which worked out at the rate of Rs. 44,000. 00 per acre and the sale deeds in support thereof. One curious fact in both the cases that cannot be lost sight of is that the claimants have purchased these properties after the notification under Section 4 (1 was published and a reference came to be made at their instance to the civil court. Though an opportunity was given to the appellant, for well over 11 years, no counter-affidavit has been filed. As a result, they were set ex parte. Yet another curious aspect that we cannot lose sight of is that the Reference Judge has merely with parrot-like but traditional consideration swallowed what with witnesses had stated that the market value is Rs. 50. 00 per sq. yd. without subjecting to any scrutiny as per the tests laid down by this court. It is also to be noted that the same aspect was repeated by the learned Judge of the High court in Jai Ambe Cooperative Housing Society case.;