MANGE RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The question for determination in these appeals is about the compensation payable to the claimants for acquisition of their lands situated in village Mangolpur Kalan Delhi. The claimants have filed appeals under Section 54 of the Land Acquisition Act 1894 (hereinafter referred to as "the Act") for enhancement in the amount of compensation whereas Union of India has filed six appeals claiming reduction in the amount of compensation.

(2.) Notification under Section 4 of the Act was issued on 24.10.1961 notifying the intention of the Government to acquire land measuring 16000 acres marked in blocks 1 to 24 covering number of revenue estates of Union Territory of Delhi at public expense for public purpose namely. Planned Development of Delhi. This notification was followed by declaration undersection 6 of the Act issued on 6.12.1966 with respect to928 Bighas 18 Biswas of land situated in village Mangolpur Kalan. Separate awards were made by the Collector Land Acquisition determining the amount of compensation. Awards No. 1434 1459 1460 1461 and 1672 were made earlier. In award Nos. 1434,1459,1460 and 1461 compensation was assessed at Rs. 1,500.00 per Bigha. Under award No. 1434 land was divided in two blocks. Block A comprising those lands which had not been dug up for which compensation was assessed at Rs. 1,000.00 per Bigha. Block B comprising those lands which had been dug up for which compensation was awarded at Rs. 1,200.00 per Bigha. Under award No. 1672 land was divided in three blocks; block B included such land from which earth had been dug up. Compensation was awarded at Rs. 1,300.00 per Bigha. Block C considered of gair mumkin for which rate at Rs. 800.00 per Bigha was assessed. Remaining land was included in Block A for which rate was assessed at Rs. 1,600.00 per Bigha. Land which was included in the five awards was situated on the south side of Delhi Kanjhawala Road which passed through this village.

(3.) In respect of awards 1434 1459 1460 and 1461 claimants had sought references. Compensation was enhanced by the reference Court to Rs. 3,000.00 per Bigha in respect of the land which was not on the side of road. For the lands by the side of road compensation was allowed at Rs. 3500.00 per Bigha. References were also sought in respect of award No. 1672. The reference Court in those cases pertaining to award No. 1672 made his own sub-divisions. For the land by side of metalled road market rate was assessed at Rs. 4500.00per Bigha; Land located on the Rasta was assessed at Rs. 4200.00 per Bigha; lands neither on the road nor on Rasta was assessed at Rs. 3.800.00 per Bigha. Rest of the land was included in Block B for which also sub-division was made. For dugup land situated on Rasta market value was assessed at Rs. 3500.00 per Bigha and for dugup land not situated on Rasta market value was assessed at Rs. 3000.00 per Bigha.