Satyawati Sharma (Dead) By Lrs vs Union Of India & Another on 16 April, 2008
Having heard learned counsel for the parties, I find merit in the
submissions made by learned counsel for the land owners. The fact that the
acquired land in the present case is located adjoining to the land acquired for
ITBP Complex on G.T. Road is not disputed. Once that is so, in my opinion, the
judgment of this court dealing with the issue of valuation of land acquired for
setting up of ITBP Complex on the land, which is adjoining the land in question
can very well be relied upon for the purpose of determination of fair value of the
acquired land, as the acquisition in the present case is more than one year later in
time. The potential of both the lands is similar. This Court, vide separate order
passed today in R.F.A. No. 1816 of 1995-- Mohan Singh (deceased) through LRs
v. Union of India and others, while dealing with the assessment of value of
acquired land for ITBP Complex had determined the same at a flat rate of Rs.
1,60,000/- per acre following the judgment in Gurbax Singh's case (supra). The
land in question being situated just adjoining the ITBP Complex, I do not find any
reason not to rely upon the judgment of this Court determining the value of the
land acquired for ITBP Complex.