AIR 1974 SUPREME COURT 600 ::1974 2 SCC 250

Supreme Court Of India

(From Delhi : ILR (1971) 1 Delhi 742)

Hon'ble Judge(s): P. N. Bhagwati, P. K. Goswami , JJ

Land Acquisition Act (1 of 1894) , S.23, S.54— Award of compensation - Appeal to High Court for enhancement - Circumstances already considered in earlier proceedings - Relevancy of, for not allowing enhancement in later proceedings. In the appeal for enhancement of compensation from Rs. 8/- per sq. yard to Rs. 16/- the High Court, while raising the rate from Rs. 8/- to Rs. 10/- observed that the trend of rise in prices from 1959, in which year the High Court in earlier proceedings had allowed Rs. 8/- for the land in the same area, was at least 100% in the year 1962. The High Court did not however allow the rate of Rs. 16/- for the reasons of (i) low level of land (ii) loss of frontage, and (iii) the difference between the ratio of rise of undeveloped land and that of developed land. On appeal to Supreme Court. Held that the first ground was already taken into account by the High Court while fixing compensation at Rs. 8/- in earlier proceedings; the second ground had no material bearing as the appellant's claim would not be adversely affected thereby and as regards third ground, the High Court itself had found the trend of 100% rise in prices. The reasons given by the High Court for not allowing the rate of Rs. 16/- were therefore not at all relevant. .....