KESHO DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal was beard along with various other appeals relating to acquisition of land in village Mandoli Fazalpur. The Notification under S. 4 of the Land Acquisition Act (hereinafter referred to as "the Act") was published on 13th November 1959 for acquiring the land for public purpose, i.e , Planned Development of Delhi, while declaration under Section 6 was published on 18th March 1966.

(2.) . We find that the appellant owned approximately mare than 76 bighas of land. Out of which 23 bighas and 16 biswas fell in village Khureji Khas while the other part of his field measuring approximately 53 bighas fell in village Mandoli Fazalpur. Except for the fact that a part of his land happens to fall in one village, while the other part falls in the adjoining village, there is no other distinction of difference in the land which fell into one filed from the other which fell into another. While dealing with the appeals pertaining to the acquistion of land in village Khureji Khas, we had gone into various aspects, like, nature of land, its market value and the factors which would be kept in mind while determining the market value of the land.

(3.) . Unfortunately no assistance was forthcoming on behalf of Union of India inspite of our having awaited for Union of India's representation on the first date of hearing, i.e. on 5th April 1991 and thereafter we proceeded to hear the appellant on 8th April 1991. As such, we had no option but to rely upon the assistance rendered by the counsel for the appellant in this case and various other advocates who appeared in the appeals relating to acquisition of land in the same village.