TEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of seven appeals beingR.F.A. Nos. 43 to 49 of 1971 arising out of the award of the learned AdditionalDistrict Judge dated 2/09/1970 in L.A.C. No. 216 of 1966.

(2.) The land belonging to the appellants situate in village Ber Seraicame to be acquired for the planned development of Delhi. A notificationunder Section 4 of the Land Acquisition Act, 1894 was issued on 1 3/11/1959 and declaration under Section 6 was published on 6/01/1964. Thereafter, notices were issued under Section 9 and ultimately the LandAcquisition Collector made his award on 9/12/1964 grantingRs. 2.000.00 per bigha as compensation. On matter being carried in referenceunder Section 18, the Additional District Judge, Delhi by his award dated 1 1/03/1970 enhanced the compensation from Rs.2,000.00 per bigha toRs. 4.500.00 per bigha. The appellants, not being satisfied with the amount ofcompensation awarded in their favour, have filed this appeal.

(3.) This Court in Kanahya and others v. The Collector, Delhi, RFA 51of 1971 awarded Rs. 12,000.00 per bigha for the land situate in the same village,which was acquired in pursuance of notification under Section 4 of the Actdated 24/10/1961. The notification in the instant case was issued in1959. Therefore, there is a gap of two years between the notification issued inthe present case and the notification pertaining to land, which was the subjectmatter of RFA 51/71. Obviously market value of land fixed by the Court in1961 cannot be awarded for the land notified in 1959. While deciding RFA51/71, this Court relied upon the judgment, rendered in Mir Singh v. Union ofIndia, RFA No. 173 of 1967 decided on 25/07/1984. This case pertainedto land in village Munirka for which the notification under Section 4 of theAct was issued on 24/10/1961.