GIAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed by the claimants seeking further enhancement in the amount of compensation with respect to their property situate in village Khureji Khas acquired through notification issued under Section 4 of the Act on 23.4.1968 for public purpose at public expense. Declaration under Section 6 followed on 9.7.1968. Collector Land Acquisition in his Award No. 3/71-72 dated 26.4.1971 classified the lands in two categories and offered compensation @ Rs. 2,020/- and Rs, 1,500/- per bigha for Block A and Block B lands respectively.

(2.) Feeling aggrieved claimants sought reference. The Reference Court by the impugned award dated 30.5.1981 answered the reference and held Rs. 4,000/- per bigha to be the fair market value as on 23.4.1968. Reference Court relied upon the market rates which had been determined for the land, which had been acquired earlier in the same revenue estate through notification dated 13.11.1959 and allowed 100% appreciation for the difference. Still feeling aggrieved claimants filed this appeal seeking further enhancement in the amount of compensation @ Rs 20,000/-per bigha.

(3.) During pendency of this appeal this Court had an occasion to determine the amount of compensation payable for the lands situate in village Khureji Khas which were acquired through notification dated 13.11.1959 for which the Reference Court had allowed compensation @ Rs. 4,000 / - per bigha. In Kesho Dass v. Union of India 44 (1991) DLT 375, decided on 9.4.1991 Division Bench of this Court held Rs. 8,064/- per bigha to be the fair market value as on 13.11.1959. Another reference arising out of the same Award No. 3/71-72 dated 26.4.1971 of Khureji Khas was answered by the Reference Court after the judgment of this Court in Kesho Dass, case (supra). Following the decision in Kesho Dass case and taking Rs. 8,064/- to be market value on 13.11.1959 the reference was and market value was determined as on 23.4.1968 at Rs. 16,773 /- per bigha. The Reference Court allowed appreciation of 12% p.a. for the period from 13.11.1959 to 23.4.1968 on the principles laid down by this Court in RameshwarSolanki v. Union of India,57 (1995) DLT410=AIR1995 Delhi 358. We have been informed by the learned Counsel for the appellant that no appear has been preferred by the Union of India against the said award of the Reference Court dated 24.5.1997 in LAC No, 9/95, Dinesh Kumar v. Union of India. The claimants have preferred appeal and have sought further enhancement in the amount of compensation @ Rs. 50,000/- per bigha. Even no cross appeal has been filed by the Union of India. Learned Counsel for the respondent is not in a position to state as to whether appeal has or has not been preferred.