OM PRAKASH Vs. UOI

JUDGEMENT

(1.) THESE appeals arise out of the judgments of the learned Reference Court disposing different References made by the Land Acquisition Collector under Section 18 of the Land Acquisition Act(,,the Act in short) in respect of the lands belonging to the appellants in village Amberhai which were acquired vide Award No.13/1991-92 pursuant to the notifications dated 10/7/1990 and 24/8/90 under Sections 4 and 6 respectively of the Act. Since same points were involved in all the appeals they were heard together and now are being disposed of also together by this common judgment.

(2.) VIDE award no. 13/91-92 dated 10/3/92 market value of the land falling in block A was fixed @ Rs. 4.65 lakhs per acre i.e. Rs.96,975/- per bigha and @ Rs18,500/- per bigha in respect of land in block B. Dissatisfied with the said land rates fixed by the LAC, the landowners- appellants got references made to the District Judge under section 18 of the Act. The Reference Court , however, rejected the claims of the appellants for further enhancement in compensation amount relying upon a decision of this Court in the case of "Tej Ram vs. UOI", 111 (2004) DLT 465, which was also a case arising out of the same Award which is the subject matter of present appeals.

(3.) IT was submitted by learned counsel for the appellants that this Court had observed in the case of "Ishwar Singh vs. UOI" (RFA No. 43/87 decided on 02-04-2002) that villages Kakrola, Baprola, Palam and Amberhai are located adjacent to each other and so the learned Reference Court should have fixed the market value of the land which has been fixed in respect of village Kakrola by this Court in "Ved Prakash vs. UOI", (RFA No. 69/2007 decided on 23-10-2008) at ' 1,20,500 per bigha for village Amberhai also, which is the village involved in these appeals. In support of this submission, learned counsel for the appellants relied upon a decision of a Division Bench of this Court in "UOI vs. Bhagwan Singh and Ors.", 47 (1982) DLT 205.