OM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 26.3.1983 notification under Section 4 of the Land Acquisition Act, 1894(hereinafter referred to as "the Act") was issued seeking to acquire considerable land situate within revenue estates of villages Shahibabad Daulatpur, Khera Kalan, Siraspur and Samepur. Provisions of Sub-section (1) of Section 17 of the Act were also made applicable thereby dispensing with the requirement of filing objections under Section 5A of the Act. On the same day i.e. 26.3.1983 declaration under Section 6 of the Act was also made. Interested persons preferred their claims. Collector, Land Acquisitions proceeded to pass separate awards offering compensation to the claimants for their lands situate in four different revenue estates as under: <FRM>JUDGEMENT_251_AD(DEL)7_2003Html1.htm</FRM>

(2.) Feeling dissatisfied references were sought by the claimants seeking determination of the amount of compensation. Reference Courts by separate impugned awards determined the amount of compensation, which are under challenge in these appeals. Reference Court determined the amount of the acquired land as follows: Village Samepur Category A land @ Rs.17,500.00 per bigha Category B land @ Rs.14,500.00 per bigha Village Shahibabad Daulatpur Market value was determined @ Rs.17,500.00 per bigha both for the lands falling in categories A and B except for the land which was found to be abutting road for which market value was determined @ Rs.18,000.00 per bigha; Village Khera Kalan-Rs.17,500.00 per bigha was assessed as market value for A and B categories of land. Village Samepur Rs.18,000.00 per bigha.

(3.) For the purpose of determining the amount of compensation and in order to avoid discussion of the same type of evidence as also similar argument addressed on both sides, these appeals filed under Section 54 of the Act are being decided by a common judgment.