R S BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) An area of 713 bighas 2 biswas situate in village Malikpur Kohi @ Rangpuri was acquired by the Government at public expense for public purpose namely, "Rehabilitation of the Persons Displaced or Airport" Notification under Section 4 of the Land Acquisition Act, 1894 (for short the Act) was issued on 23.12.1986. It was followed by declaration of the next date i.e., 24.12.1986 by invoking emergency provisions contained in Section 17(4) of the Act. Collector, Land Acquisition made his award No. 28/87-88 on 23.12.1987. He proceeded to classify the entire land in two blocks and offered compensation @ Rs. 26,0007- and Rs. 22,000/- per bigha for block 'A' and block 'B' respectively. Entire land was included in Block 'A'. Only 9 bigha land comprising Khasra No. 1946/2(1-00), 1947/ 1(0-16), 1947/2(4-00) and 1948/1(3-04) was included in block 'B'. The difference in the market value of the two categories of land was because of existence of pits to the extent of 3ft to 4ft deep in an area of 9 bighas for which compensation was offered @ Rs. 22,000/- per bigha.

(2.) Feeling dissatisfied the claimants sought references. The reference Court by various awards maintained the distinction and assessed fair market value at Rs. 33,600/- per bigha for 'the entire land except for 9 bighas for which market value was determined at Rs. 30,000/- per bigha.

(3.) Still feeling dissatisfied the claimants have filed appeals in this Court. The claim in the appeals is to enhance the amount of compensation and determine market value. Enhancement has been sought at different rates varying from Rs. 48,000/- per bigha to Rs. 2 lacs per bigha. Most of the claimants have in fact sought compensation @ Rs. 60,000 /- per bigha barring a few who have sought compensation @ Rs. 50,000/- per bigha.