CHANDRA KUMARI MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) These three Regular First Appeals (Nos. 77-D, 78-D 'and 79-D of 1961) have been preferred by Shrimati Chandra Kumari Mittal, Rajinder Singh and Harpal Singh respectively against the decrees passed by the Additional District Judge, Delhi (Shri Gurbachan Singh) in LAC Nos. 31 and 32 of 1960, which were disposed of by a common judgment. LAC 31 of 1960 arose out of reference application of Shrimati Chandra Kumari Mittal and the other out of the joint application of Rajinder Singh and Harpal Singh under section 18 of the Land Acquisition Act 1894. This judgement in RFA. 77-D will dispose of FRA Nos. 78-D and 79-D of 1961. The notice under section 4 of the Act was issued on 26th October 1957 for acquiring the lands belonging to the appellants and others. The Land Acquisition Collector gave his award on 10th October 1958. Compensation was awarded by him at the rate of Rs. 3.00 per square yard. Out of 2134 square yards belonging to him Harpal Singh had sold 500 square yards to Rajinder Singh by sale deed (Ex. CW4/1) on 4th January 1957 for Rs-.6,000.00 at the rate of Rs. 12.00 per square yard.

(2.) Out of 2134.31 square yards belonging to her Shrimati Chandra Kumari Mittal had agreed to give 1222 square yards by registered lease (Ex. C.I) from 1st January 1957 to Messrs Caltex India Limited (hereinafter called the Caltex Company) for putting up a petrol pump. The rent agreed to be paid under this lease for 20 years amounted to Rs. 87,000.00 as hereinafter detailed and she claimed this amount as compensation for the leased area of her land. The Land Acquisition Collector awarded her an amount of Rs. 1600.00 in addition to the compensation at Rs. 3.00 per square yard. as being the "diminution of the profit of the land between the time of publication of the declaration under section 6 of the Act (25th October 1957) and the time of Collector's taking possession of the land (2nd April 1958) at the rate of Rs. 300.00 per month according to the registered lease deed dated the 30th May 1957 in favour of Messrs Caltex India Limited".

(3.) Before the Additional District Judge, the appellants Harpal Singh and Rajinder Singh claimed compensation at the rate of Rs. 25.00 per square yard and appellant Shrimati Chandra Kumari Mittal claimed compensation as to 912.31 square yards at Rs. 15.00 per square yard and as to 1222 square yards leased out to Caltex Company, the claim was on the basis of the aggregate rent payable under the said lease for the period of the lease.