KALAWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) There is no dispute on facts in all these cases. However, a neat question of law is raised which has some importance as well. The question required to be determined is formulated in the writ petition itself in the following terms:

(2.) For the sake of convenience, we may note down the facts from W.P.(C) No. 1268/86 .

(3.) The petitioner in this case was co-sharer/co-owner of agricultural land of half share of Khasra Nos. 240/1(1-4), 245/1 (2-17), 246(4-7), 918/247(2-11), 919/248(1-19), 249(2-2), 923/252(0-6), 250(4-13), 253(5-2) 254(2-14), 255(2-14), 924/254(3-16), 927/260(4-1), 928/261(2-11), 931/264(0-6), 933/265(3-5), 935/268(2-13), 936/269(1-13) total measuring 48 bighas 14 biswas situate in the revenue estate of village Chandrawali alias Shahdara, Delhi. The other co-sharer of the remaining 1/2 share of the aforesaid land was one Shri Sukhbir Saran, s/o Sh. Harsaran Dass r/0. 234, Farsh Bazar, Shahdara, Delhi. The aforesaid land of the petitioner as well as her co-sharer was notified under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') vide Notification dated 13th November, 1959 for Planned Development of Delhi. Subsequently, a Declaration under Section 6 was issued on 17th October, 1962 and as a consequence thereof the Land Acquisition Collector (LAC) made his Award No. 1544 on 20th March, 1963 assessing compensation at the rate of Rs. 1,250/- per bigha as market value of the aforesaid land of the petitioner and other co-sharer. Not satisfied with the compensation so awarded, the petitioner as well as other co-sharer Sh. Sukhbir Saran filed separate reference petitions under Section 18 of the Act which were sent to the Reference Court for determination of true compensation due to these persons in respect of their share of the land so acquired. The reference petitions of the petitioner as well as her co-shai'er, along with some other similar petitions, were decided by a common judgment dated 26th March, 1968 passed by the Additional District Judge enhancing the compensation from Rs. 1,250/- to Rs. 4,000/- per bigha. In fact eight cases were consolidated in respect of the aforesaid acquisition proceedings for which, apart from Award No. 1544 dated 20th March, 1963, another Award No. 1542 dated 21st March, 1963 was also passed. The compensation which was awarded was Rs. 4,000/-, Rs. 4,500/- and Rs. 5,000/- per bigha according to the situation of the land, i.e. nearness to the metalled road. In so far as the petitioner and her co-sharer are concerned, in respect of their land compensation was fixed at Rs. 4,000/- per bigha.