PARTAP SINGH Vs. UOI

JUDGEMENT

(1.) THE land of the appellant situated in village Mundaka of Delhi was notified under Section 4 of Land Acquisition Act by way of notification dated 25.02.1997, followed by a declaration dated 09.04.1997 under Section 6 of the said Act. The award being Award being No. 2/DCW/1999/2000 came to be passed on 25.02.1997. The Land Acquisition Collector categorized the acquired land in two blocks, A& B. He fixed market value of the acquired land at Rs.8,96,640/- per acre or Rs 1,86,800/- per bigha in respect of the land falling in Block ,,A and at Rs 8,06,640/- per acre or Rs 1,68,050/- per bigha in respect of the lands falling in Block ,,B. For the purpose of categorization of land into categories ,,A and ,,B, the LAC considered the land from which earth had been removed and which had pits on them to be category ,,B land.

(2.) THE land of the appellant comprised in the following Khasras was categorized as category ,,B land.

(3.) I have carefully examined the award of the Land Acquisition. There is absolutely no indication in the award as to what was the basis of the LAC, including the land of the appellants in Block ,,B, i.e., the land from which earth had been taken out. Mr Pathak, who appears for the respondents, submits that normally pre-award survey is carried out and this must have been gathered by the LAC from such a survey. He further submits that in fact, no notification under Section 4 of the Land Acquisition Act can be issued, without carrying out any such survey or any other material available to the LAC. However, the award contains absolutely no reference to any such survey.