SUSHIL KUMAR Vs. UOI

JUDGEMENT

(1.) LAND measuring 43-07 bigha was acquired pursuant to a notification issued under Section 4 of the LAND Acquisition Act 1894 on 21.07.1993. The acquisition was for a public purpose, namely, Rohini Residential Scheme under the Planned Development of Delhi. The notification was followed by a declaration under Section 6 of the L.A.Act which was issued on 15.07.1994. After following the due process, the LAND Acquisition Collector announced an award bearing No.4/1996- 97, whereby he assessed the fair market value of the acquired land @ '96,875/- per bigha. Statutory benefits payable as per the L.A.Act 1894, as amended from time to time, were directed to be paid to the claimants.

(2.) DISSATISFIED with the determination of the fair market value by the Land Acquisition Collector, the land owners sought reference under Section 18 of the L.A.Act before the learned Reference Court. After affording an opportunity to lead evidence to the parties, the learned Reference Court, vide judgment and decree dated 08.02.2008 passed in LAC No.230/2000 titled Naresh Bhushan (Since deceased) Thr. LRS. Vs. Union of India, disposed of the reference by enhancing the compensation to '1,39,026.40 per bigha. On the enhanced compensation statutory benefits as per the L.A.Act 1894 as amended from time to time were directed to be paid and on which issue there is no dispute. Other decisions have followed.

(3.) ARGUING the appeals, learned counsel for the appellants urged that 3 pieces of evidence have been ignored by the learned Reference Court and thus urged that the appeals be allowed by enhancing the compensation firstly: