JUDGEMENT
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(1.) The appeal is for enhancement of compensation for
acquisition of the land of the appellant to an extent of 5 kanal 7
marlas in village Bawanikhera. The purpose of acquisition was
use of the property for laying a bypass road. The notifications
under Section 4 and 6 were respectively issued on 12.01.1989
and 26.07.1989. The possession had been taken even prior to
the notifications in the year 1978 itself.
(2.) Against the assessment of value of the property at
Rs. 60/- per sq. yard by the Collector, the reference Court
increased it to Rs. 80/- per sq. yard. The appellant relied
essentially on a transaction of an inter-departmental sale
namely of a Municipal Committee to Telecommunication
department of a property which the appellant claimed to be in
its proximity at Rs. 200/- per sq. yard. He also relied on a
transaction of sale in yet another place of house site with
construction thereon, which had also been sold for Rs. 200/- per
sq. yard.
(3.) The State relied on transactions of sale exhibited as R8
to R13 that dealt with farther east of the properties acquired of
various parcels of land that spell out prices ranging between
Rs. 40/- to Rs. 60/- per sq. yard. The reference Court on an overall
assessment of the documents assessed the value of the
property at Rs. 80/- per sq. yard. Against this assessment, the
present appeal has been filed for enhancement.;
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