RAM KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ No. 1118 of 1970 and F.A.O. No. 94 of 1970. The writ petition and the appeal came to be filed in the circumstances stated hereinafter.

(2.) Certain lands belonging to deceased Raghbar Dayal, predecessor-in-interest of the petitioners and the appellants, situate in village See lum Pur, were notified for acquisition under section 4 of the Land Acquisition Act, 1894. The lessee of these lands was one Raj Kishan Jain. This notification was follower by section 6 and section 9 notifications and in or about 1962, a certain amount of market value was offered by the Collector to Raghbar Dayal as also to Raj Kishan Jain, Raghbar Dayal .applied under section 18 of the said Act on April 18, 1963 for a reference and somewhere nearabout that time Raj Kishan Jain also applied independently for a similar reference for enhancement of compensation offered by the Collector. The Collector made the references to the District Judge and both were transferred to an Additional District Judge for decision. The reference filed by Raghbar Dayal was numbered 226 of 1964 and the one filed by Raj Kishan Jain was numbered 225 of 64.

(3.) It appears that on April 17, 1964, the Additional District Judge, Delhi, made the following order:-