SHIV DHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In these applications the claimants/ appellants are praying that they may be given benefit of the judgment of this Court dated 4.9.2001 in RFA No.888 of 1987 (Jas Rath v. Union of India) and consequently the claimants/ appellants be also held entitled to compensation at the same rate of Rs.95/- per sq.yard, which has been allowed to the other claimants/appellants in a number of connected appeal* decided on 4.9.2001.

(2.) The back ground in filing these applications is that consideration land in village Rithala, Delhi was acquired for public purpose through notification issued under Sections 4, 6 and 17 of the Land Acquisition Act, 1894 (for short "the Act") on 20.2.1981. Collector proceeded to make his award No.20/82-83 and offered compensation at the rate of Rs.3,800/- per bigha for irrigated land and at the rate pf Rs.2,600/- per bigha for unirrigated land. Feeling dissatisfied claimants had sought references. The Reference Court answered the references by various awards holding the claimants entitled to compensation at the rate of Rs.20,000/- per bigha. Still feeling dissatisfied appeals were filed under Section 54 of the Act in this Court. Appeals of the claimants/appellants, were dismissed in limine, in which the claimants had sought further enhancement in the amount of compensation. Appeals of some other claimants were admitted for hearing. In those cases where appeals were dismissed in limine further appeals were filed to the Supreme Court. Some of the appeals were dismissed by the Supreme Court on the ground of delay. The appeals of the claimants/appellants who have now filed these applications were also dismissed on account of delay. Few other appeals, which were not so dismissed by the Supreme Court were allowed when it was brought to the notice of the Supreme Court that the High Court had already admitted a few appeals in which the claimants had sought further enhancement in the amount of compensation. With respect to their lands, which was also acquired under the same notification and arising out of the same award of the Collector Land Acquisition. Taking note of these submissions, the Supreme Court by its judgment dated 30.1.1990 in Civil Appeal Nos. 1001-05 of 1990 (Bir Sinqh and others v. Union of India etc. allowed these appeals and set aside the order of dismissal of their appeals and remanded the appeals for being decided afresh in accordance with law observing:-

(3.) Division Bench of this Court heard and decided such appeals, which were remanded by the Supreme Court and other appeals, which were admitted for hearing. By a common judgment delivered in Jas Rath v. Union of India RFA No.888/87 Division Bench of this Court determined the fair market value payable for such lands, situate in village Rithala, which had been acquired for same public purpose by notification dated 20.2.1981 issued under Sections 4, 6 and 17 of the Act at the rate of Rs.95,000/- per bigha, irrespective of classification.