KAMLA BHARGAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are being disposed of by a common judgment since questions involved are common and the land acquired, for which compensation is to be determined was also located within the same revenue estate.

(2.) On 2.12.1963, notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued expressing the intention of the Delhi Administration to acquire 85 bighas of land situate in village Kotia Mubarakpur for Planned Development of Delhi. After considering objections under Section 5A of the Act declaration under Section 6 of the Act was made on 12.12.1969 for acquiring 51 bigha 16 biswas land out of total land, which had been notified earlier. On 15.1.1970 Collector made his award No.38/69-70 with respect to an area of 39 bighas 10 biswas. The left out area of 8 bigha 4 biswas was found to be built up and for the remaining area of 4 bigha 6 biswas there was stay operating. The Collector Land Acquisition in his award held that lay out plan for the acquired area had been prepared but had not been approved though plotted area had been sold through various sale transactions. Accordingly for the area, which was plotted compensation was offered at the rate of Rs.16,000/- per bigha. For the other gair mumkin area compensation was offered at the rate of Rs.4,000/- per bigha. Feeling dissatisfied with the amount of compensation, the claimants sought references. The Reference Court determined the market value at Rs.19,360.00 per bigha. Two appeals arise out of the said award being RFA Nos.317 and 393 of 1979. Land involved in Appeal No.317/79 is 4 biswas whereas land involved An Appeal No.393/79 is 19 biswas.

(3.) By another notification issued on 28.7.1964 under Section 4 of the Act land measuring 141 bigha 4 biswas was notified for being acquired for same public purpose, namely, Planned Development of Delhi. Declaration under Section 6 of the Act was made on 11.12.1968 for acquiring an area of 130 bigha 2 biswas. Collector Land Acquisition on 3.1.12.1970 made his award No.36/70-71 confining it to an area of 2S bigha 14 biswas observing that the remaining area, which had been notified for acquisition will be acquired when necessary directions are received from the Land and Building Department, Delhi Administration. The Collector classified the land in Blocks A and B. In block- A the land included was that which was found to be in close proximity of All India Institute of Medical Sciences comprised in Khasra N08.249), 521/250, 522/250,, 251,, 253, 259 and 260 measuring 18 bigha'10 biswas. In Block B remaining area was included, which was lying in the interior. For the land in block A, compensation was offered at the rate of Rs. 17,65B.00 per bigha and for block B compensation was offered at the rate of Rs.16,000/- per bigha. Feeling dissatisfied the claimants sought reference. The Reference Court held that the claimants were not entitled to any enhancement and thereby rejected the reference by the impugned award dated 11.9.1979. RFA No.560/79 arises out of the said award wherein the claim for compensation is for Rs.1,00,000.00 per bigha. Appeal was filed by DLF United Ltd.