MURTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Delhi Administration vide Notification issued under Section 4 of the Land Acquisition Ac, 1894 (hereinafter called the Act) dated 24th May, 1961 acquired the land of the appellant's falling in Khasra No. 324 (1 bigha 18 biswas), 316 (2 bighas and 19 biswas), 322 (4 bighas 12 biswas), 352 (5 bighas 1 biswas), 353 (1 bigha 35 biswas), 354 (6 biswas), 364/1 f4 bighas 14 biswas), 361 (15 biswas), 362 (8 bighas 14 biswas) measuring in all 30 bighas and 14 biswas. This was land of the first eategory. The other land which.was acquired fell in Kh. No. 321 C5 bighas 4 biswas) and 345 (1 bigha 14 biswas) in all 6 bighas 18 biswas land of second category. Kb. No. 327 (1 bigha 2 biswas) 328 (1 bigha 2 biswas) and 330 (2 bighas 19 biswas) in all 5 bighas and 3 biswas called the land of third category. Khasra No. 334 (3,bighas 1 biswas) 181 (6 bighas 18 biswas) and 323 (1 bigha 18 biswas) in all 11 bighas and 17 biswas land of fourth category situated in the revenue estate of village Masjid Moth was acquired. This land was acquired for public purpose i.e. for the planned development of Delhi The Collector announced his Award No. 1268 on 7th March, 1962 thereby awarded the compensation @ Rs. 3,000.00 per bigha.

(2.) Aggrieved by the award, the petitioner made the reference under Section 18 of the Act. The learned Additional District Judge vide his judgment dated 27th January. 1970 answered the reference bydismissing the reference qua the land comprised in Kh. No. 352. 353. 354, 361, 362 and 364/1 but enhanced the compensation in respect of Kh. No.181, 334, 330, 316, 327, 328, 345 & 321 by fixing the market value of the land at Rs. 1500.00 per bigha. So far as the petitioner was concerned, his market value of the land was fixed at Rs l,000.00 in respect of Kh. No. 322, 323 & 324.

(3.) Aggrieved by the judgment of the learned Additionai District Judge present appeal has been preferred by the appellant inter alia on the ground that the land of the appellant situated in Kh. No. 352, 353, 354, 361, 362 & 364/1 was contiguous to the land falling in Kh. No. 322, 323 &324. According to her there was no justification to dismiss the reference qua Kh. No. 352, 333, 361 362 and 364/1. All these lands are nearer Shahpur Jat whereas the land falling in Kh. No. 361, 312, 364 is towards east facing towards Mubarakpur Kotia and the kind of soil described by the Land Acquisition Collector regarding all these khasras was that of 'Chahi'. So far as the Land Acquisition Collector is concerned, he did not draw any distinetion between the land falling in Kh. No 324 or that of 352, 353, 361, 362 & 374/1.