NAFE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Section 54 of the Land Acquisition Act. 1894 (hereinafter referred to as the Act) against the award of reference court dated 21/8/1978 seeking determInafion of the amount of compensation for acquisition of appellants land situate at village Tikri Khurd.

(2.) 1327 bigha 13 biswa 16 biswansi of land situate in village Tikri Khurd was duly notified through notification issued under Section 4 (1) of the Act on 30/10/1963 for being acquired for public purpose at public expense, namely, construction of Narela Township Delhi Declaration under Section 6 was made on 16/1/1969. Three separate awards were made by the Land Acquisition Collector. First award No.42/73-74 was made on 22/10/1973 which included land measuring 297 bigha 19 biswa. Second award No.42-A/73-74 was made on 8/1/1974 which included land measuring 186 bigha 13 biawa. For the remaining land measuring 843 bigha 1 biswas 16 biswansi award No.149/86-87 was made on 19/9/1986. The Collector, Land Acquisition under the first and second award offered compensation @ Rs.1,500.00 per bigha and under the third award compensation was offered @ Rs.2,200.00 per bigha- Claimants feeling dis-satisfied sought references. The same were disposed of by reference courts by various decisions.

(3.) In four references cases arising out of award No.42/73-74 market value was assessed by the reference court at Rs.2,200.00 per bigha. Feeling dis-satisfied claimants filed appeals to this Court which are pending decision. In reference cases arising out of the second award also the reference court assessed market value at Rs.2,200.00 per bigha. Feeling dis-satisfied claimants have filed appeals in this Court. In few reference cases arising out of the first award the reference court assessed market value at Re.16,750.00 per bigha on the basis of the .determination of compensation with respect to the adJoining villages. In those cases also claimants have filed appeals for further enhancement.