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2000 DIGILAW 691 (SC)

Union Of India v. Ram Kishan

2000-04-03

S.B.MAJMUDAR, Y.K.SABHARWAL

body2000
ORDER Delay condoned. 2. Leave granted. 3. A limited notice was issued on 12th May, 1999 to the respondent as under : "Notice to issue on the application for condonation of delay. Notice to issue on the special leave petition also to show cause why the special leave petition should not be disposed of in the light of the judgment of this Court in Civil Appeal No. 4405 of 1997. There will be stay of execution of that part of the decree by which the High Court enhanced the market value." 4. The respondent is served and has not thought it fit to appear and contest these proceedings presumably because the matter in controversy is squarely covered by the judgment of this Court in Civil Appeal No. 4405 of 1997 decided on 6th August, 1998 by which it was held that proper award of compensation for acquisition of lands pursuant to the notification dated 30th October, 1963 should be Rs. 16,750/- per bigha and not Rs. 25,000/- per bigha awarded by the High Court. Following the said decision, therefore, this appeal is allowed. The impugned order of the High Court is modified by directing that the respondent will be entitled to compensation for acquisition of his land at the rate of Rs. 16,750/- per bigha and not Rs. 25,000/- per bigha, meaning thereby, the judgment and order passed by the Additional District Judge under Section 18 of the Land Acquisition Act, 1894 shall stand restored. 5. No costs. Appeal allowed. **************** Parallel Citations of other Journals : Union of India v. Ram Kishan, 2001(4) Supreme 488 : 2000 (10) JT 294 : 2001 (3) CCC 26.