SWALLEHIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Regular First Appeal is directedagainst the judgment of the Additional District Judge, Delhi whereby themarket value of the land in question situated in Village Wazirpur was fixedat Rs. 2000.00 per bigha. The Additional District Judge also apportioned theshare of the persons who were holding occupancy rights and the share of theowners having ownership right in the ratio of 60% and 40% per bigha i.e.Rs. 1200.00 per bigha towards occupancy rights and Rs. 800.00 per bigha towardsownership rights.

(2.) Learned Counsel for the petitioner gives up respondents 3 to 59.Learned Counsel for the petitioner states that though the petitioner has challenged the order of the Additional District Judge on both the points regardingenhancement as well as apportionment he does not challenge the question ofapportionment and restricts the appeal to the question of enhancement of compensation on the basis of enhanced market price. Learned Counsel has reliedon a judgment of this Court in RFA 511 of 1978 (Tulsi Ram v. Union of India)decided on 6/09/1984 in support of his contention that in respect ofthe same village but for an earlier notification, this Court has awarded compensation in the following manner: <FRM>JUDGEMENT_234_DLT45_1991Html1.htm</FRM>

(3.) Learned Counsel further submits that in view of the latest pronouncements on the question of dividing the village into various blocks, uniformcompensation in respect of all the Blocks in the same village is to be given i.e.Rs. 6500.00 per bigha. Learned Counsel submitted that the noticfication underSection 4 of the Land Acquisitiion Act in respect of Tulsi Ram's case (supra)was issued on 13.11.1959 whereas the notification issued in respect of the land indispute was issued on 26.10.1961. Thus, the appellants are entitled to get higherrate of compensation than the one awarded in Tulsi Ram's case (supra).