DLF UNITED LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals arise out of a common judgment of Additional District Judge, Delhi in Land Acquisition Cases Nos. 19 and 20 of 1966, answering the references and thereby determining the amount of compensation payable for acquisition of land situate within the revenue estate of Kharera, Delhi.

(2.) Through notification issued under Section 4 of Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on 21.11.1962, a plot of land measuring 9 bighas 5 biswas comprised in Khasra Nos. 279 (3-0), 621/280 (2-5), 622/280 (1-19), 619/283/1 (0- 9), 620/283/1 (0-8)and 284/1 (1-4) situate within the revenue estate of Kharera, Delhi was notified for being acquired for public purpose, namely the Planned Development of Delhi. This plot of land was held by D.L.F. United Limited and was reserved by it for the purposes of school in its approved colony, namely Hauz Khas enclave. Preliminary notification was followed by declaration under Section 6, which was made on 15.2.1963. Compensation was claimed by DLF @ Rs. 40.00 per sq. yd. for its rights in the land and its was claimed that this plot of land had already been leased out to a Charitable Trust, i.e. Lal Chand Public Charitable Trust, who also claimed compensation for acquisition of its rights in the land.

(3.) The Collector Land Acquistion on 4.5.1963 made his award No. 1575 offering compensation @ Rs. 4,000.00 per bigha. As regards apportionment of compensation, the Collector Land Acquisition held that the land was shown in revenue records to be owned by DLF and was part of its Hauz Khas Enclave and in the lay-out plan had been shown as site reserved for school. DLF had already sold their .rights in the area left for common purposes to various plot holders. The area reserved for school had been leased out in the name of Lal Chand Public Charitable Trust, which in his view appeared to be part of DLF United Limited. Accordingly, he held that compensation should go to the Education Department rather than to DLF or to Lal Chand Public Charitable Trust. Feeling aggrieved by the award of the Collector Land Acquisition, reference was sought both by DLF United Limited and Lal Chand Public Charitable Trust for determination of the amount of compensation and for apportionment.