RAMEHAR MUNSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Regular First Appeal is directed againstthe judgment of the Additional District Judge, Delhi dated 3.1.1979 in L.A.C.No. 419 of 1973. The appellants were the owners of land in village Bharthalwhich was acquired by notification issued under Section 4 of the Land Acquisition Act.

(2.) We find that the Additional District Judge while disposing of thereference filed by the appellants under Section 18 of the Land Acquisition Acthad awarded compensation to the appellants at Rs. 4000.00 per bigha. Whileassessing the land of the appellants, the Additional District Judge had referredto the judgment in L.A.C. No. 417 of 1973 (V. K. Kapoor v. Union of India)dated 13.12.1978 and since the Additional District Judge found thatthe land belonging to the appellants fell in Block B, the land belonging to theappellants could be assessed only at Rs. 4000.00per bigha.

(3.) Shri Vijay Kumar Kapoor & Others had also filed a RegularFirst Appeal in this Court being R.F.F No. 212 of 1979 which was disposedof by a Division Bench of this Court vide judgment dated 1.9.1989. ThisCourt while disposing of the Regular First Appeal of Shri Vijay KumarKapoor & Others has observed that uniform compensation had to be workedout for the entire Village. A Division Bench of this Court in RFA No. 203 of1982 Jai Lal Etc.v. Union of India decided on 27.4.1988 following thejudgment of the Supreme Court in C.A.No. 830 of 1981 granted uniformcompensation in respect of all the Blocks in the same Village. Thus, the appellants are also entitled to get the compensation at the same rate. The appellantshave claimed enhanced compensation at Rs. 8000.00 per bigha. However inview of the judgment of this Court in V.K. Kapoor's case (supra) since theland in the same Village is assessed at Rs. 13,000.00per bigha, the appellantsare entitled to get the compensation at the same rate.