http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: SMT. INDIRA SOHAN LAL (DEAD) BY LRS.

       Vs.

RESPONDENT: UNION OF INDIA

DATE OF JUDGMENT:       25/10/1996

BENCH: K. RAMASWAMY, S.P. KURKUKAR

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have heard learned counsel on both sides.      Notification under Section 4(1) of the Land Acquisition Act, 1894  (for short,  the ’Act’)  was published on January 23, 1965  acquiring about  14,000 bighas of land in Kalkaji, Tughalakabad for  planned development.  The dispute  in  the present proceedings  relates to  38 bighas,  5 biswas of the land. The  District Collector  awarded  compensation  @  Rs. 700/- per  bigha for lands with deep pits of 8 to 10 ft. The reference Court  enhanced the  compensation @ Rs. 4000/- per bigha.  The   High  Court   enhancing  the   compensation  @ Rs.7,000/- per bigha for land with pits and for the levelled hand, Rs.  17,000/- per bigha and deducted 1/3rd towards the development  charges   and   determined   the   compensation accordingly.      Shri Mukul  Mudgal, learned  counsel for the appellant, contended  that   the  High   Court  having   enhanced  that compensation to  Rs. 40,000/-  per bigha for the levelled up land in  a similar case, compensation @ Rs.7,000/- per bigha for the  land with  pits of  a depth  of 8  to  10  feet  is illegal. It  is contended, on the other hand, by the learned counsel for the respondents that the compensation awarded by the High Court @ Rs.7,000/- per bigha for the land with deep pits of  8 to  10 feet  is just  and adequate.  There is  no warrant to enhance the compensation. He also states that the High Court had granted compensation for the levelled up land @ Rs.  40,000/- per bigha and deducted 1/3 but the  lands in question is  not on  the same  parity. The lands are clearly required to  be developed to bring on par with levelled land and huge  amount is  required for  development. Under  those circumstances, there  is no  warrant to  further enhance the compensation.      In view  of the  rival contentions,  the  question  for consideration is: whether the grant of Rs. 7,000/- per bigha for the land, admittedly, with the deep pits of an extent of 8  to   10  feet   requires  further   enhancement  of   the compensation ?  It is  not in  dispute that the compensation granted @  Rs. 40,000/-  per bigha  was only in respect of a small piece  of land.  In all  the other case compensation @

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

Rs. 7,000/-  per bigha  of the  land in which there are deep pits of  the depth  8 to 10 feet has been awarded and become final. The lands require development and expenditure in that behalf is  needed. The  High Court  has considered  all  the relevant facts and found that uniform rate of Rs.7,000/- per bigha for  the land  with deep  pits of  8 to  10 feet depth would be  the proper  compensation. In  the absence  of  any compelling material, nor the High Court refused to advertto, we cannot  enhance the compensation from that awarded by the High Court  which was  not challenged by the Union of India. Under these  circumstances, we  do not find any circumstance warranting any interference.      The appeal is accordingly dismissed. No costs.