UNION OF INDIA Vs. KHEHRI

JUDGEMENT

(1.) This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) against the Award dated 21.7.1970 passed by Shri Jagdish Chandra, Additional District Judge, Delhi determining the compensation with respect to respondents' land situated in Moharnmadpur Munirka.

(2.) The respondents' property situated in the aforementioned village was acquired for Planned Development of Delhi through Notification dated 24.10.1961 issued under Section 4 of the Act. The Collector, Land Acquisition, determined the amount of compensation at Rs.3,000.00 per bigha. On reference the amount was enhanced to Rs.5,500.00 per bigha. The appellant has now come up in appeal against this Award. At the time of hearing, none appeared for the appellant.

(3.) Counsel for the respondents-objectors has drawn our attention to a judgment in Mrs. Saraswati K.P.S. Menon Vs. Union of India (decided on 9.3.1977) which was followed in RFA 70/71 titled as Khushia and another Vs. Union of India and in Union of India Vs. Shri Kehri and others (decided on 21.4.1992). These decisions pertain to the determination of compensation with respect of land situated in the same village, namely, Mohammadpur Munirka which were also acquired under the same notificated dated 24.10.1961 for the same public purpose. In Kehri's case (supra) directions as contained in Khushia and another's case were made and claimants were held entitled to compensation at the rate of Rs.12,000.00 per bigha. There is no reason why the claimants whose property has also been acquired under the same notification and who helve filed cross-objections in this appeal for further enhancement of compensation be also not treated equally by allowing them compensation at the same rate.