MOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The question arising for determination in these appeals is about the compensation payable to the claimants for acquisition of their properties situated at village Kondli, which was acquired through notification issued under Sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 13.11.1959.

(2.) Under general notification issued under Sub-section (1) of Section 4 of the Act on 13.11.1959 vast land in numerous villages in Delhi was notified for being acquired for public purpose, namely, Planned Development of Delhi. This notification also included therein considerable land situated in villages Chilla Sarodha Bangar, Chilla Sarodha Khadar, Dallupura, Gharauli, Mandaoli Fazalpur and Gazipur.

(3.) Village Kondli was also one of the villages wherein land was notified for being acquired for the same public purpose under the same notification. Declaration under Section 6 of the Act followed on 17.5.1966. For Kondli, the Collector, Land Acquisition made the first Award No. 84/72-73 on 30.11.1973. Supplementary Award No. 84-A/72-73 was made by him on 18.9.1976. Under both the awards Collector, Land Acquisition offered compensation at the rate of Rs. 550.00 per bigha. Claimants sought reference. The Reference Court in three cases enhanced the amount of compensation holding the fair market value of the land as on the date of notification at Rs. 6,000.00 per bigha. Feeling dissatisfied the claimants preferred appeals.