DELHI SIMLA CATHOLIC ARCHDIOCESE Vs. UNION OF INDIA

JUDGEMENT

(1.) Subject matter of these two appeals is the determination of compensation for the land of appellant's situate within revenue estate of Okhla acquired through two separate notifications issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 4.4.1964 and 6.4.1964.

(2.) By notification issued on 4.4.1964 under Section 4 of the Act 1160 bighas 10 biswas land situate in Okhla was sought to be acquired for Planned Development of Delhi. Declaration under Section 6 of the Act was made on 7.12.1966. The Collector on 24.7.1971 made his award No. 12/71-72 only with respect of an area of 72 bighas 12 biswas. He offered compensation at the rate of Rs. 4,200/- per bigha. Feeling dissatisfied reference was sought. The Reference Court by the impugned award dated 4.5.1984 proceeded to determine the market value at Rs. 11.373/- per bigha. Still feeling dissatisfied the claimant/appellant has filed appeal being RFA No. 356/84 seeking further enhancement in the amount of compensation at the rate of Rs. 40,000/- per bigha for its land measuring 22 bighas 9 biswas comprised in khasra No.25/2 and 26 situate in Okhla.

(3.) Another notification under Section 4 of the Act was issued on 6.4.1964 by which the Delhi Administration sought to acquire an are of 104 bighas 7 biswas exclusively owned by the claimant for which declaration under Section 6 of the Act was made on 5.5.1966. By his award No. 1943 dated 25.2.1967 the Collector Land Acquisition classified the land in four different blocks offered compensation at the rate of Rs. 2200/-; Rs. 1800/-; Rs. 1200/- and Rs. 800/- per bigha respectively for Block I, Block II, Block III and Block IV lands. Feeling dissatisfied the claimant sought reference. The Reference Court by the impugned award did not make any enhancement and thereby dismissed the reference. Feeling dissatisfied appeal (RFA No. 242/80) has been preferred claiming compensation at the rate of Rs. 40,000/- per bigha.