MANI DASS SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals filed under Section 54 of the Land Acquisition Act, 1884, (hereinafter referred to as "the Act") pertain to determination of the amount of compensation payable for, acquisition of land situate in village Mandawali-Fazalpur Common questions arise for determination and, therefore, the same are being disposed of by a common judgment.

(2.) Under the general notification issued on 13.11.1959 under Section 4 of the Act Land situated in village Mandawali-Fazalpur was also notified for being acquired for public purpose, namely, Planned Development of Delhi. Declaration under Section 6 of the Act was issued on 12.7.1966. Collector, Land Acquisition made and published his award No. 983. Feeling dis-satisfied with the amount of compensation offered, ref- erences were sought by the claimants. The same were answered by reference Courts separately by various awards. Still feeling dissatisfied with the decision rendered by the Reference Court in which the fair market value of the land has been assessed at Rs. 6,000.00per bigha, awarded on the basis of the determination of compensation awarded with respect to neighbouring village Karkardooma, some of the claimants filed appeals for further enhancement. In the meanwhile, appeals for further enhancement in the amount of compensation preferred earlier were decided by this Court. One of the said appeals is R.F.A.311 .74,decided on 11.4.1991 and reported Kesho Dass v. Union of India and Others, 45(1991) DLT 20. In the said decision fair market value of the land situated at village Mandawali-Fazalpur has been assessed at Rs. 8,064.00 per bigha as on 13.11.1959. Relying upon the decision of this Court in Kesho Dassis case (supra) the Reference Court answered some of the references holding the claimants therein entitled to compensation at the rate of Rs. 8,064.00 per bigha as on 13.11.1959.

(3.) In those cases in which the Reference Court has held the claimants entitled for compensation at a rate lesser than the one awarded in Kesho Dass's case (supra), the impugned decisions of the Reference Court deserves to be modified holding the claimants entitled to compensation at an uniform rate of Rs. 8,064.00 per bigha for acquisition of their property by the same notification, for the same purpose and situated , in the same village Mandawali-Fazalpur since in the matter of compensation there ought not to be any discrimination. Otherwise also it is not shown that the acquired land belonging to these claimants was in any manner inferior to the one which was subject-matter in Kesho Dass's case (supra).