INDERJEET SINGH HANSRAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The appeal is against the award of learned Additional District Judge, Delhi dated 26.5.2001 answering a reference made by the Collector, Land Acquisition under Section 28A(3) of Land Acquisition Act, 1894, hereinafter referred to as the Act.

(3.) Facts in brief are that the appellants land situated in village Dhirpur, Delhi was acquired for public purpose by virtue of notification issued under Section 4, 6 and 17 of the Act on 1.11.1978. The Collector made his award No. 26/80-81 on 9.5.1980. The appellants did not seek any reference. Others had sought reference for determination of the amount, which were forwarded to the Court. The Reference Court on 15.12.1987 answered one of such reference holding the fair market value of all categories of land, situated within the revenue estate of Dhirpur at Rs.26,000/- per bigha as against Rs. 7,000/- per bigha offered by the Collector. As the appellants had not sought reference earlier, therefore, in consonance with the provisions of Section 28A of the Act, on application was moved by them before the Collector along with a certified copy of the said award of the Reference Court dated 15.12.1987 seeking redetermination of the amount of compensation. This application was filed within the period of limitation on 26.2.1988. The application was still under consideration and in the meanwhile, against the award of the Reference Court dated 16.12.1987 further appeal was preferred by those who had sought reference seeking further enhancement in the amount of compensation. The Collector being award of the pendency of the appeals in this Court, deferred the decision on the appellants application and kept the said application of the appellants pending.