KESHO DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal was heard along with various other appeals relating to acquisition of land in village Khureji Khas. The Notification under Section 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, ie.. Planned Development of Delhi, while declaration under Section 6 was published on 18th March 1966.

(2.) Out of appellant's land acquired about 52 'bighas fell in the revenue estate of village Mandoli while 23 bighas 16 biswas fell in village Khureji Khas bearing Khasra Nos. 47/18, 47/23. 47/14/1, 47/14/2, 47/17 and 47/24. Compensation for the acquisition was determined vids Award No. 33/70-70-71 and paid. Aggrieved by the said Award various parties including the appellants sought a reference to Court which was disposed of by Shri H.KS. Malik, Addl. District Judge vide his judgment dated 8.9.78 whereby the amount awarded by the Land Acquisition Collector was enhanced from Rs. 1100.00 per bigha to Rs. 2016.00 per bigha. The appellant was also awarded solatium equal to 15% of the said amount and interest at the rate of 6% pa. under Section 28 of the Act from the dale of possession all the date of payment. Since the Notification under Section 4 of the Act was issued on 13th November, 1959 and Notification under Section 6 was issued duly on 18th March 1967. the claimant/appellant was also awarded interest on the market value at the rate of 6% p.a. from 13th November 1962 onwards in accordance with Section 4(3) of the Land Acquisition (Amendment & Validation) Act, 1967 (hereinafter referred to as 'the Amending Act").

(3.) Peeling aggrieved by the valuation fixed by the learned Addl. District Judge, the appellant has filed the present appeal. The appellant has claimed that the compensation should be enhanced from Rs. 2016.00 per bigha to Rs 21.000.00 per bigha. The main reasons for such enhancement, according to the appellant, were two, firstly, that in August 1959 which was only a few months before the aeqnisition of land a sale deed was registered for a consideration of Rs 6.000.00 in respect of a plot of land measuring 200 sq yards and secondly, the land had the potential of urbanisation in view of the said land being surrounded by colonies like, Krishan Nagar, Gandhi Nagar and Geeta Colony which even at the time of acquisition were developed colonies. In addition certain unauthorised colonies had also come up in the vicinity.