PETITIONER: SHRI JAGDISH SINGH Vs. RESPONDENT: STATE OF HARYANA & ORS. DATE OF JUDGMENT01/11/1995 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. KIRPAL B.N. (J) CITATION: 1995 SCC Supl. (4) 628 JT 1995 (9) 563 1995 SCALE (6)433 ACT: HEADNOTE: JUDGMENT:
O R D E R
The Land Acquisition Officer divided the land into two
blocks, i.e., Block `A’ and Block `B’ and awarded
Rs.25,000/- per acre for Block `A’ and Rs.15,000/- per acre
for Block `B’. The Reference Court made four blocks and
awarded compensation @ Rs.10/- per sq. yard for first Block
and proportionately decreased the value for the other
blocks. On appeal, the High Court made the uniform rate of
Rs.10/- per sq. yard for entire land and disposed of the
appeals accordingly. Feeling aggrieved, the appellant has
filed this appeal from that batch by special leave.
Mr. Rohtagi, learned counsel for the appellant,
strenuously contended that the value of the land is much
more than what was given and it is a matter where the
appellant is entitled to get higher compensation. We do not
find any force in this contention. Whether the land is
capable of fetching higher market value than @ Rs.10/- per
sq. yard depends on pure appreciation of evidence on record.
The reference court and learned Single Judge have gone into
the question and held that the land can fetch the maximum
price of Rs.10/- per sq. yard for the entire zone to the
extent of 19 Bighas and 3 Biswas. The State Government did
not file any appeal in this Court of High Court. It being a
pure question of fact on appreciation of evidence, we cannot
re-appreciate the evidence and come to our own conclusion in
the absence of application of any wrong principle of law.
It is next contended that the appellant had constructed
a house at a cost of Rs.20,000/- but only a sum of
Rs.6,000/- was awarded and, therefore, he is entitled for
higher compensation. This also is based on factual matrix
and appreciation of evidence by all the courts. We do not
think that we would be justified to interfere with the value
fixed at Rs.6,000/- for the construction of house.
The appeal is accordingly dismissed, but, in the
circumstances, without costs.