TEK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') is against the judgment of learned Additional District Judge, Delhi dated 8.2.1985 in Land Acquisition Case No. 370/1981 answering a reference under Section 18 of the Act and thereby determination of the amount of compensation payable to the claimant.

(2.) Through notification dated 24.10.1961 issued under Section 4 of the Act, Delhi Administration expressed its intention to acquire at public expense and for public purpose, namely planned development of Delhi, 16,000 acres of land located in a number of villages. Lands falling within village revenue estate Naharpur, Delhi were also included in the said notification. Separate declarations under Section 6 of the Act were issued subsequently. First of such declaration under Section 6 was issued on 29.12.1968 with intent to acquire 134 bighas 2 biswas of land situate in village Naharpur for which ultimately the Collector on 13.12.1974 made his .Award No. 18/74-75 with respect to land measuring 30 bighas 17 biswas. Separate award No. 18-A/80-81 for remaining land was made by the Collector Land Acquisition on 25.3.1981. Another declaration under Section 6 of the Act was issued by Delhi Administration on 7.12.1966 for an area measuring 1,626 bighas 15 biswas. The Collector Land Acquisition on 10.1.1979 made his award No. 35/78-79.

(3.) Under award No. 18/74-75 the Collector offered compensation @ Rs. 3,000.00 per bigha. Entire land covered by award No. 35/78-79 was divided in two blocks, i.e. 'A' and 'B' by the Collector and compensation @ Rs. 3,000.00 and Rs. 2,800.00 per bigha was offered respectively for the land falling in Block 'A' and Block 'B' respectively. In award No. 18-A/80-81 dated 25.3.1981, the Collector offered compensation at Rs. 3,000.00 per bigha.