RAVI SHANKAR Vs. UOI

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act, 1894 against the judgment dated 19.10.2006 passed by the learned Additional District Judge whereby the compensation to be awarded to the appellants on account of acquisition of their land in village Bahapur was enhanced to Rs.19,000 per bigha but only in respect of some part of the land while for the remaining part of the land it was fixed @ Rs.4500/- per bigha.

(2.) THE facts of the case are that the late Sh.Ravi Shankar, who is now being represented by his children, had taken on ninety nine years lease some land falling in khasra nos. 628/1/2 and 628/2/1/2 in village Bahapur from one Mahant Ram Nath and then both of them had entered into an agreement to share the compensation of the land, in case of its acquisition. Out of the total leased land admeasuring 27 bighas 3 biswas late Sh.Ravi Shankar had sub-let 13 bighas 8 biswas land to different persons and remaining land had remained in his possession.

(3.) AFTER revival of the Reference proceedings the learned Reference Court once again fixed the case for evidence of the parties and then passed a fresh judgment on 19th October, 2006, which is now under challenge in the present appeal, and enhanced the compensation Rs.19,000/- per bigha in respect of the land which was the subject matter of Reference under Sections 30 and 31 and no compensation had been awarded earlier to Ravi Shankar in the judgement dated 03.05.84 while the compensation already fixed @ Rs.4500/- per bigha in respect of the land about which there was no dispute of title was not touched by observing that in the earlier judgment dated 3rd May, 1984 the only liberty given to the deceased Ravi Shankar was to apply for further compensation in the event of his getting more share in the land by the High Court in the appeal filed against the decision of the Reference Court in the Reference under Section 30-31 of the Act. The claimants were also not given any interest on the enhanced compensation for the period from during which interest for the period was denied in the earlier judgment dated 3-5-84 also. The proceedings had remained sine-die. They were also not awarded interest for the period for 13-07-02 to 09-03-05 since they had filed the application for the re- opening of the case only on 10-03-05 even though the appeal in respect of the case under section 30-31 was disposed of on 12-07-02.