DHARAMPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The subject matter of these appeals is determination of the-amount of compensation payable to the claimants with respect to the land situated in village Masjid Moth acquired through three separate notifications. For convenience sake and in order to avoid repetition of same and similar evidence again and again in different cases, these appeals are being disposed of by a common judgment.

(2.) For the execution of the Interim General Plan for Greater Delhi, land situated in village Masjid Moth was acquired through notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 13.9.1957. The Collector on 31.7.1961 made his award No. 1175 offering compensation to the claimants at the rate of Rs. 3,500/- and Rs. 3,000/- per bigha respectively for two categories of land. Feeling dissatisfied the claimants sought reference and the Reference Court by its award dated 31.1.1970 answered the reference. Feeling dissatisfied Union of India filed RFA No. 679/70 seeking reduction in the amount of compensation. Claimants filed cross objections (CM. 1088/91) seeking enhancement. Appeal of Union of India was dismissed on 18.11.1998. As nobody appeared on that date on behalf of the claimants, cross objections were also dismissed along with an application, which had been filed by the claimants seeking amendment to the cross objections. On application being moved by the claimants, cross objections were revived and thus the cross objections (CM. 1099 /91) remained to be decided, which are being decided by this judgment. The claimants' prayer is to allow compensation at the rate of Rs. 32,000/- per bigha for the acquired land.

(3.) For Planned Development of Delhi under the general notification issued under Section 4 of the Act on 13.11.1959 land situated in numerous revenue estates in Delhi was sought to be acquired. Land situated in village Masjid Moth was also sought to be acquired under the same notification. Declaration under Section 6 of the Act was made on 3.3.1962. Collector, Land Acquisition made his award No. 1324, who offered compensation at the rate of Rs. 3.500/- and Rs. 3,000/- per bigha respectively for blocks A and B lands. The Reference Court by the impugned award dated 22.5.1976 proceeded to determine fair market value of all categories of land situated in village Masjid Moth, acquired through notification dated 13.11.1959, at Rs. 8,200/- per bigha. In RFA No. 307/76 the claim is to award compensation at the rate of Rs. 30,000/- per bigha.