RAMA NAND Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals have been filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") by the claimants as well as by the Union of India, arising out of various awards of the reference court answering references under Section 18 of the Act for their land situate in villages Bharthal and Bindapur, Delhi. The land was acquired for Planned Development of Delhi through notification issued under Section 4 of the Act on 27.1.1984. It was followed by declaration under Section 6 of the Act on 18,9.1984. The Collector made his award No.19/86-87 on 5.9.1986.

(2.) The Collector in his award No.18/86-87 offered compensation to the claimants at the rate of Rs.13,000/- per bigha. The claimants feeling dissatisfied sought references for determination of the amount of compensation and claimed compensation at the rate of Rs.1,00,000/- per bigha. The reference court answerred the references and held Rs,33,000/- per bigha to be the fair market value. Still feeling dis-satisfied the claimants have preferred the appeals for further enhancement in the amount of compensation. Appeals have also been preferred by the State seeking reduction in the amount of compensation since in some of the case the reference court had allowed compensation at the rate of Rs.36,400/- per bigha.

(3.) Under the same notification issued under Section 4 of the Act on 27.1.1984 land was also acquired for the same public purpose situate in village Bindapur, Delhi for which Collector Land Acquisition made his award No.163/86-87. Claimants were offered compensation at the rate of 11,600/- per bigha and Rs.8,000 - per bigha for category A and B lands. Feeling dis-satisfied the claimants sought references. The reference court answered the references by the impugned awards holding the claimants entitled to compensation at the rate of Rs.36,400/- per bigha. Still feeling dis-satisfied the claimants have preferred appeals for further enhancement in the amount of compensation.