JIA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are being disposed of by a common Judgment since question of law and fact, which arise for consideration are same and similar.

(2.) On 26.9,1980 a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued expressing intention of the Government to acquire land situate in village Jharoda-Kalan at public expense for public purpose, namely, construction of "Duphia - Chaudari Out Fall Drain" Simultaneously emergency provisions were invoked and declaration under Section 6 and notification under Section 17 of the Act were issued. Collector Land Acquisition on 6.8.1981 made his award offering compensation to the claimants by classifying land in three categories A, B and C and fixing their respective market value at Rs.3,750/- Rs.3,200/- and Rs.1,800/- per bigha. Feeling dis-satisfied claimants sought references. The reference court by the impugned awards determined the fair market value of categories A and B land at Rs.9,000/- and Rs.7,640/- per bigha respectively. Still feeling dis-satisfied the claimants have sought further enhancement in these appeals filed under Section 54 of the Act. Their claim is to allow compensation at a flat rate Rs.25,000/- per bigha, irrespective of classification of land.

(3.) By a subsequent notification issued under Section 4 of the Act on 14.7.1982 and simultaneously issuing declaration under Section 6 and notification under Section 17 of the Act another parcel of the land situate in village Jahroda-Kalan was acquired at public expense for public purpose, namely, construction of Police Training School. The Collector Land Acquisition on 10.8.1983 passed his award No.31/83-84 by classifying land in three categories A, B and C and offering compensation @ Rs.5,800/-, Rs.4,800/- and Rs.2,400/- per bigha respectively. Feeling dis-satisfied the claimants sought references. The reference court by impugned awards assessed fair market value at Rs.9,750/- per bigha. Still feeling dis-satisfied the claimants have filed the appeals seeking further enhancement in the amount of compensation.