HARI SHANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are being taken up for decision together since question's arising for determination are the same and similar. Appeals are by the claimants, whose land was acquired for public: purpose at public expense by virtue of notifications issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), All of them are seeking further enhancement in the amount of compensation.

(2.) By virtue of notification issued under Section 4 of the Act on 23.4.1962, land situate within two revenue estates of Patti Jahannuma and Sadhora Khurd was acquired for public purpose at public expense. The Collector Land Acquisition made his award No.1479 on 7.3.1963 relating to the land situate in revenue estate of Patti Jahannuma and award No. 1477 relating to revenue estate of Sadhora-Khurd, offering compensation at the same rate of Rs.7,000/- per bigha. Feeling dissatisfied, the claimants sought references, which were answered by separate awards by the Reference Courts. Four reference petitions as regards determination of compensation with respect of the land situate in the revenue estate of Patti Jahannuma were answered on 14.7.1969 by Shri B.R.Luthra, Additional District Judge, as he then was, holding the fair market value of the land at Rs.25,000/- per bigha. Further appeal was preferred to this Court by Shri Hari Shanker (RFA.107/70). By judgment delivered on 9.4.1980 the appeal was decided by learned Single Judge holding that the market value, as determined by the reference court, at Rs.25,000/- per bigha was just and fair. Against this decision of learned Single Judge, the claimants have filed L.P.A.No. 156/80 seeding further enhancement in the amount of compensation.

(3.) In revenue estate of Sadhora Khurd, land measuring 153 bighas; 14 biswas was acquired by the same notification dated 23.4.1962. Claimants sought, reference against the award of the Collector. Shri G.R.Luthra,, Additional District Judge, Delhi in L. A .C. No. 195/68 answered the reference on 7.3.1970 holding the fair market value of land situate in Sadhora Khurd at Rs.26,000/- per bigha. This reference was preferred by Shri S.M.Yahaya and the subject matter of reference was 27 bighaa 5 biswas of land. Feeling dissatisfied RFA No.457/70 was filed for further enhancement, which was decided on 8.4.1980 holding Rs.26,000/- per bigha to be the fair market value. Still feeling dissatisfied with the decision of learned Single Judge, L.P.A.165/80 has been filed for further enhancement in the amount of compensation.