RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals have been preferred under Section 54 of the Land Acquisition Act, 1894 by the claimants seeking determination of the amount of compensation pay- able to them for acquisition of their property.

(2.) Claimants property situate in village Ladha Sarai, Delhi was acquired for Planned Development of Delhi through notification issued under Section 4(i) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) on 13'tl.l959. It was followed by two declaration dated 7.12.1966 and 6.1.1969. For the first declaration cor- rigendums were issued on 23.9.1968, 23.12.1969 and 27.3.1970. Collector Land Ac- quisition also made different awards. Two awards were made on 28.3.1975, namely, award No. 27 and 28 of 1974/1975. Placing reliance upon the market rates of land of village Lado Sarai, the adjoining revenue estate the Collector offered compensation to the claimants @ Rs. 4,000.00 per bigha for land falling in Block A and @ Rs, 1,500.00 for land falling in Block B. Feeling dissatisfied the claimants sought reference. The reference court by the impugned awards dismissed the reference holding that the Collector had properly assessed the amount of compensation payable to the claimants. The claimants have filed these two appeals seeking determination of the amount of compensation.

(3.) The reference court while deciding the references placed reliance upon his earlier decision rendered in another reference for determination of the amount of compensation of land situate in village Ladha Sarai acquired through the same notification. For want of evidence the reference petition had been dismissed by the reference court holding that the determination of the amount of compensation by the Collector is proper. The Claimant/appellant in RFA 445/84 has placed reliance upon earlier awards made by the reference courts with respect to determination of the amount of compensation payable for the adjoining revenue estates of Lado Sarai and Mehrauli. Exhibits A-l and A-3 pertain to determination of compensation payable for land situate at village Lado Sarai, Delhi acquired for same public purpose under the same notification issued on 13.11.1959. In Exhibit A-l market value was assessed at Rs. 6,500.00 per bigha and in Exhibit A-3 market value was assessed at Rs. 7,000.00 per; bigha. The land was acquired for the same public purpose through the same notifica- tion. Exhibit A-2 pertains to the determination of amount of compensation with respect to land situate at village Mehrauli in which market value was assessed at Rs. 11,000.00 per bigha but in the said village the acquisition took place through a sub- sequent notification issued on 30.11.1960. As such Exhibit A-2 is not a relevant piece of evidence to enable us to determine the amount of compensation. Village Mehrauli is located towards South of New Delhi. This Court is Nand Kishore v, Union of India, RFA 186/86 decided on 17.4.98 determined the amount of compensation payable for lands situate at village Mehrauli acquired through five separate notifications issued between 13.11.1959 to 21.11.1978. For the acquisitions which had taken place through- notification dated 13.11.1959 issued under-Section 4(1) of the Act for same purpose market rate was assessed at Rs. 10,000.00 per bigha. In a subsequent decision in Basil Ram v. Union of India, RFA 55/82 decided on 25.11.1999 a Division Bench of this Court made determination of the amount of compensation with respect to land situate at village Lado Sarai acquired for the same public purpose through the same notifica- tion issued under Section 4(1) of the Act on 13.11.1959. Decision of this Court in Nand Kishore (Supra) was also referred to in Basti Ram's case wherein comparison was made to the land situate at village Lado Sarai with similar land situate at village Mch- rauli and Adchini and on such comparison it was held that the land situate at village Lado Sarai had better location and potentially than the land situate at village Mehrauli and consequently market value was assessed at Rs. 12,500.00 per bigha.