HARPRAT Vs. UNION OF INDIA

JUDGEMENT

(1.) These nine appeals are being decided by a common judgment since the land situate within the same revenue estate was acquired for the same public purpose and is covered by the same award of the Collector Land Acquisition and the claim is for enhancement in the amount of compensation. RFA No.84 of 1999 is being taken as the lead case in which comprehensive evidence has been led.

(2.) Subject matter of these appeals is the determination of the amount of compensation payable to the appellants for their lands situate within the revenue estate of Chilla Saroda Bangar, Delhi acquired for Planned Development of Delhi through notification issues under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 17.11.1980. It was followed by declaration under Section 6 of the Act on 29.9.1981. Collector Land Acquisition made his award No.39/82-83 on 30.9.1982 offering compensation at the rate of Rs.8,000/- per bigha. References were sought. The Reference Court by the impugned award declined to enhance the amount of compensation. Claimants filed these appeals under Section 54 of the Act for enhancement at the rate of Rs.400/- per sq. yard.

(3.) Before we proceed further, it will be but appropriate to take into consideration the location of the revenue estate Chilla-Saroda- Bangar, Delhi, which is subject matter of these appeals. Revenue estate of village Chilla--Saroda- Bangar is surrounded by the lands of villages Dallupura, Kondli and Gharauli towards North East; Sector 14, 14A, 16A and 17 NOIDA are immediately towards South East. D.D.A. Colony of Mayur Vihar Phase I and II and Patpat Ganj, Jhilmil Tahirpur are towards North West. Out of the three revenue estates of Dallupura, Kondli and Gharauli lying towards the North East Dallupura being the nearest followed by Kondli and Gharauli whereas Mayur Vihar Phase I is immediately towards North and sector 14 and 14A sre just touching on the South Eastern side.