RAM SARVARIYA AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as, "the Act") is against the award of learned Additional District Judge/ Delhi in Land Acquisition Case No.216/85 dated 1/1/1988 answering reference under Section 18 of the Act and thereby determining the amount of compensation payable to the claimants/appellants. The claim in appeal is for further enhancement in the amount, of compensation.

(2.) Alias Shahdara measuring 19 biswas owned by the appellant was notified on 7/2/1984 under Section 4 of the Act for being acquired for public purpose, namely,part site Nagar Colony Urgency clause was invoked and notification under Sections 6 and 17 of ths Act were also publised on the same day i.e 7/2/1984. Collector Land acquisition proceeded to make hsi award No. 30/80-45 on 24/1.001/1985 offfering compensation for land at the rate of Rs.80.000.00 per bigha. Feeling dissatisfied with the amount of compensation, the claimants/appellants sought reference. The Reference Court by the impugned award held the claimants/appellants entitled to compensation at the rate of Rs.1,10,000.00 per bigha. In this appeal the claim of the appellante is for further enhancement of compensation at the rate of Rs.1,000.00 per sq.yard, which has been their claim throughout.

(3.) We have heard learned counsel for the partices and gone through the entire record.