(1.) This appeal is directed against the judgment of Additional District Judge dated 27.5.1997. The land of the appellant measuring 2 bighas & 7 biswas, comprising in Khasara No. 191 min situated in the revenue State of village Gharaunda Neemka Bangar was acquired by the Government vide notifications dated 7.3.1988 issued under Sections 4 and 6 of the Land Acquisition Act 1894 (hereinafter to be referred to as the "Act") , though surprisingly the possession of the land was taken by the Government several years before the acquisition on 1.10.1976. The Land Acquisition Collector relying upon an earlier award No. 25/87-88 in respect of the land of the same village which was acquired vide a notification dated 5.8.1985 assessed the market value of the appellant's land @ Rs. 19,500/- per bigha. On reference, the learned Additional District Judge enhanced the compensation marginally by Rs. 150/- per bigha and awarded compensation @ of Rs. 19650/- per bigha. Dissatisfied with the said assessments, the appellant has filed the present appeal claiming enhancement of compensation @ Rs.1,69,000/- per bigha along with other statutory benefits.
(2.) We have heard Mr. C. L. Verma, learned counsel representing the appellant, Mr. Sanjay Poddar, learned counsel representing the Government/Land Acquisition Collector and Mr. Gaurav Sareen, learned counsel representing the respondent/DDA and have given our thoughtful consideration to their respective submissions.
(3.) As noticed above, this case is somewhat unusual as the normal sequence of proceedings in the matter of Acquisition of Land for public purposes has not been followed in the case in hand as the possession of the land which is normally be taken by the Government after the notifications under Section 4 and 6 or in case of urgent requirement under Section 17 of the Act, has in fact been taken by the Government about 12 years prior to the initiation of proceedings for the Acquisition of the land in question. When we asked the learned counsel representing the respondents under what provision of law the possession of the land of the appellant was taken several years before acquisition of the land in question, Mr. Guarav Sareen, learned counsel for the DDA stated that the possession of the land was taken by the DDA during the period of emergency for the purpose of developing a green belt and a lake named as Sanjay lake. Despite this admitted position but in view of the provisions of the Act and the Supreme Court decision in the case of CW No. 5575/97 tilted as R.L. Jain (D) by LRs. Vs. DDA & Ors., it will not be within our purview to grant any compensation or succor by way of damages to the appellant for the unauthorised occupation of the appellant's land by the Government for a period of about 12 years which relief may perhaps be available to the appellant in some other proceedings and forum. In this view of the matter, therefore, essentially the claim of the appellant in the present appeal has to be considered only with reference to the market value of the appellant's land on 7.3.1988, the date on which the land of the appellant was acquired by issuing notifications under Section 4 and 6 of the Act.