SHRI JAGDISH SINGHversusSTATE OF HARYANA AND ORS.

                      SHRI .IAGDISH SINGH                                      A
                               v.
                  STATE OF HARYANA AND ORS.

                          NOVEMBER I, 1995

             IK. RAMASWAMY AND B.N. KIRPAL, J.f.]                              B

     Land Acquisition Act, 1894 :

       Compe11satio11-Award of-Co11cwrent ji11ding of fact and Apprecia-
tio11 of el'idence by Cowts below-lnte1ference by Supreme Cowt-He/d, 11ot      C
wa1ranted.

     Constitution of l11dia, 1950 :

     A1t. 136-Special leave jwisdiction-Co11cwrent finding of fact and
appreciation of evidence-Reappreciation of and inte1ference of-Held not        D
wan·anted.

      The Land Acquisition Officer divided the acquired lands into two
blocks i.e. Block 'A' and Block 'B' and awarded Rs. 25,000 per acre for
Block' A' and R'i. 15,000 per acre for Block' B'. The Reference Court made
four Blocks and awarded compensation @ Rs. 10 per sq. yard and propor-         E
tionately decreased the value for the other blocks. On appeal, the High
Court awarded compensation at uniform rate of Rs. 10 per sq. yard. Hence
this appeal.

      On behalf of the appellant it was contended that the value of the land
being much 1nore than what was given, he was entitled to get higher            F
compensation and 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 was
entitled to higher compensation.

      Dismissing the appeal, this Court
                                                                               G
      HELD : 1. Whether the land is capable of fetching higher market
value than @ Rs. 10 per S<J· yard depends on pure appreciation of evidence
on record. The reference court and the 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      H
                                      715
    716                   SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.

A   State Government did not file any appeal in this Court or High Court. It
    being a pure question of fact on appreciation of evidence, this Court cannot
    reappreciate the evidence and come to its own conclusion in the absence
    of application of any wrong principle of law. (716-H, 717-A]

          2. The plea regarding higher compensation for the house constructed
B on the land is also based on factual matrix and appreciation of evidence
    by all the Courts. There is no justification to interfere with the value fixed
    at Rs. 6,000 for the construction of house. (717-B]

          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8627 of
c 1983.
         From the Judgment and Order dated 28.11.79 of the Punjab &
    Haryana High Court in R.F.A. No. 22 of 1979.

          KB. Rohtagi and Baldev Atreya for the Appellant.
D
          Ms. Surichi Agarwala and Ms. Indu Malhotra for the Respondents.

          S.M. Ashri for the Respondent No. 3.

          The following Order of the Court was delivered :
E          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
F   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 con-
    tended that the value of the land is much more than what was given and it
G   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
H   maximum price of Rs. 10 per sq. yard for the enti.rc zone to the extent of
                           JAGDISH SINGH v. STATE                           717

,   19 Bighas and 3 Biswas. The State Government did not file any appeal in        A
    this Court or High Court. It being a pure question of fact on appreciation
    of evidence, we cannot re-appreciate the evidence and· come to our O\.VJ.1
    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,     B
    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, m the circumstances,            c
    without costs.

    G.N.                                                     Appeal dismissed.