VIRENDER SINGH ETC. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal arises out of the judgment of the learned Additional District Judge dated April 23, 1984 in reference under Sec. 18 of the Land Acquisition Act (here-in-after referred to as the Act).

(2.) The brief facts of the case are that notice under Sec. 4 of the Act vide Notification No. F.9(44) 70-L&B dated. 5.7.1973 was issued for acquisition of land in the village Tughlaqabad for public purpose, namely for planned development of Delhi. Subsequent declaration under Sec. 6 of the Act was made vide Notification No. F.9(44)70-L&B dated. 12th Aug., 1975. The Land Acquisition Collector assessed the market value of the land under acquisition at the rate of Rs. 3,000.00 per bigha. He also awarded solatium, interest and other statutory benefits vide award dated. 8.2.1979.

(3.) The appellants land-owners felt aggrieved by the said award and sought reference under Sec. 18 of the Act. They referred to various documents to claim a higher market value and in particular they sought reliance on the basis that the Government of India (Ministry of Works, Housing and Urban Development) vide letter No. 23/1/65-L dated. 28.3.1966 had fixed the market value of the neighbouring locality of Kalkaji at the rate of Rs. 60.00 per square yard for land for residential purposes. The said document was part of the record before the learned Additional District Judge. It was also no t disputed before him that the land in question was in Kalkaji area. The Additional District Judge, however relied upon certain lease deeds as referred in his judgment and after giving an appreciation of 6% per annum held the market value of the lands of the appellants, at the rate of Rs. 49/ per square yard. The appellants felt dissatisfied by the award of the Additional District Judge dated April 23, 1984 and filed Regular First Appeal before this Court.