RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Out of these 61 appeals filed under Section 54 of the Land Acquisition , 1894 (hereinafter referred to as "the Act"), 54 appeals are by the claimants seeking further enhancement in the amount of compensation whereas the remaining 7 appeals are by Union of India seeking reduction in the amount of compensation.

(2.) By notification issued under Section 4 of the Act on 24/10/1961 by the Chief Commissioner, Delhi about 16000 acres of land in 24 blocks stretching over a number of villages in the then Union Territory of Delhi was notified for being acqrired by the government at public expense for public purpose, namely, Planned Development of Delhi.Out of this land notified under Section 4 of the Act, from time to time declarations were issued under Section 6 of the Act for separatre portions of land to be taken over for various schemes connected with Development of Delhi.Considerable land of village rithala wasw also included in the notification issued under Section 4 of the Act on 24/10/1961. On 11/1/1967 declaration under Section 6 of the Act was made notifying that land measuring 2838 bighas was being taken over of Planned Development of Delhi as against 2885 bighas 10 biswas.The actual aea as per field book, wihich ultimately was taken over by the Government worked out ot 2859 bighas 11 biswas. After completing necessary formalities, the Collector Land Acquisition on 25/4/1980 made his award No.19/80-81 by which compensation was offered to the complainants for their land, which was classified as per revenue records as follows:- BAGH NEHRI Rs.3,300.00 Per Bigha NEHRI LAND Rs.3,000.00 Per Bigha CHAHI LAND Rs.2,500.00 Per Bigha ROSSLI LAND Rs.2,250.00 Per Bigha BANJAR KADIM Rs.1,730.00 Per Bigha SEMI GADHA Rs.1,730.00 Per Bigha GADHA LAND Rs.1,100.00 Per Bigha OTHER GEIR MUMKIN Rs.1300.00 Per Bigha

(3.) Feeling dissatisfied the claimants sought references, which were forwarded to the Reference Courts. Separate awards were made by the Reference Courts in each case. In most of the cases, the Reference Courts allowed compensation at the rate of Rs.5,000.00 per bigha for the land, which was found to be neither by the side of road nor any rasta and at the rate of Rs.4750.00 per bigha for the land, which was found to have been dug up. In a few cases compensation was assessed at the rate of Rs.7,000.00 per bigha for al1 categories of land excluding the land, which had been dug up for which compensation was allowed at the rate of Rs.5,000.00 per bigha. The claimants still feeling dissatisfied filed these appeals seeking further enhancement in the amount of compensation. Claims in appeal is up to the extent of Rs.15,000.00 per bigha excepting RPA.455/90 in which the claim is. at the rate of Rs.24,000.00 per bigha besides claim on account of severance charges and compensation for well and fruit trees.