UNION OF INDIA Vs. BHARAT SINGH

JUDGEMENT

(1.) The appeal lias been filed by Union of India under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") praying that the amount of compensation as determined by the Reference Court by the impugned award dated 28.8.1975 be reduced and fixed at Rs. 5,000.00 per bigha for land in Block-A and at Rs. 3,000 / per bigha for in Block-B. The claimant/ respondent has in the cross-objections sought further enhancement contending that the compensation be awarded at the rate of Rs. 10,000.00 per bigha.

(2.) Claimants' land situate at village Jaitpur was acquired for public purpose, namely Ash Disposal and Railway Siding Badarpur Thermal Power Project through Notification issued under Section 4(1) of the Act on 6.1.1969. Collector made his Award No. 26/70-71 on 28.8.1970. He classified the lands in three categories, namely A, B, and C and offered amount of compensation as follows: <FRM>JUDGEMENT_581_DLT90_2001Html1.htm</FRM>

(3.) Feeling dissatisfied claimant sought reference. The Reference Court by the impugned award determined the amount of compensation holding the fair market value as follows: <FRM>JUDGEMENT_581_DLT90_2001Html2.htm</FRM>