RICHHPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These 80 appeals have been preferred by the claimants under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) seeking determination of the amount of compensation payable to them for their lands acquired for public purpose.

(2.) Village Jaitpur is situate by the side of Mathura Road contiguous toDDA Colony Sarita Vihar, Appolo Hospital, Sukhdev Vihar, Ishwar Nagar, New Friends Colony and Villages Jasola and Badarpur. Claimants mostly are displaced persons from Pakistan and claim that after they migrated from Pakistan they were allotted the lands by government. They were fully dependent on the income derived from the lands. For the purpose of construction 'of Ash Pond of Badarpur Thermal Power Station 729bighaand 10 biswa land situate in village Jaitpur was notified for being acquired through notification issued under Section 4(1) of the Act on 2.6.1989. Declaration under Section 6 was made on 2.6.1989. Pursuant to the notices issued under Section 9 of the Act claimants lodged their claims praying for being allowed compensation @ Rs.l,000.00 per sq. yard.Collector Land Acquisition proceeded to make necessary inquiries and on26.4.1990madehis Award No.2/ 90-91 fixing market value of the land at Rs. 12.000.00 per bigha. Claimants allege that the Delhi Administration had already taken a policy decision, which was notified on 26.4.1990, fixing minimum market value of agricultural lands in entire Delhi @ Rs. 4.65 lakhs per acre: They alleged that ignoring the said policy decision of the Government, the Collector on the same date at about 4.00 p.m. announced his award fixing market value at a meagre amount of Rs.12,000.00 per bigha (Rs. 7,000.00 per acre) instead of Rs. 4.65 lakhs per acre.

(3.) Feeling dis-satisfied with the amount of compensation offered to them the claimants sought references under Section 18 of the Act for determination of the market value. Claimants alleged that after filing petitions seeking reference a Panchayat was held in the village to consider the ways and means to have the award of the Collector altered and modified. They even met the Prime Minister of India. Local Parliament Members and Lt. Governor, Delhi pointing out to them that in the matter of offering amount of compensation the Collector had flouted the policy decision of Delhi Government but no action was taken by the Collector in modifying his award despite the fact that a question was also raised in Parliament wherein Delhi Administration was asked to clarify its decision. Even references were not being forwarded by me Collector to the Court. It was after a great persuasion that the Collector forwarded the references to the Court but while forwarding references under Section 18 of the Act Collector incorporated in the statement under Section 19 of the Act a note as follows: