RAM KARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application filed by the LRs of respondent No.15 to bring on record the legal heirs of deceased respondent No.15. The application is supported by Death Certificate of the deceased. Respondent No.15 late Shri Harchain Singh is survived by the legal heirs mentioned in para 3 of the application being six sons and three daughters. The three daughters, however, are stated not to be desirous of any share in the property and thus the application has been filed to bring on record the six sons of the deceased respondent. The daughters have filed an affidavit in support of the application. 2.In view thereof, the application is allowed. It may, however, be noted that the application is filed through Mr. Jagdev Singh, Advocate for the appellants. Amended memo of parties be filed within three days. LPA No. 188/1981 1. The present Letters Patent Appeal is filed against the order dated 14.2.1980 made by the learned single Judge in RFA Nos. 134/69, 379/76, 329/68, 379/68, 129/69, 437/71, 178/69, 380/76, 185/69 and 425/71. So far as the present appeal is concerned, it arises out of RFA No. 329/68.

(2.) The proceedings were initiated in view of notification issued under Section 4 of the Land Acquisition Act,1894 (hereinafter referred to as the Act ) on 3.9.1957 followed by a declaration under Section 6 of the Act on 29.3.1961. Land Acquisition Collector after following the procedure as per the Act made an award on 15.12.1961 making six different categories of land and awarded different amounts. The appellants being aggrieved by the determination of the fair market price by the Land Acquisition Collector made an application under Section 18 of the Act. The Reference Court thereafter enhanced the amount. The appellants were still aggrieved and hence, preferred a regular first appeal before this Court and the learned single Judge of this Court enhanced the amount of compensation. It is against this order made by the learned single Judge that the present LPA is filed.

(3.) Suffice it to say that we are not required to go into further discussion of the matter as the lands which were acquired vide notification impugned were the subject matter of RFA No. 167/69 decided on 18.4.2001 in case of Ganga Das v. Union of India (91 (2001) DLT 433 (DB). The Division Bench after examining the relevant material arrived at the conclusion that Rs. 5720/- per Bigha, irrespective of the classification of the land, would be the fair market value and we find no reason to take a different view than the one taken by the Division Bench. When under same notification lands were acquired and the fair market price is determined, and as the appellants are before us in appeal in accordance with law, we feel that the same benefit should be extended to the appellants as they have preferred this appeal. No distinct features affecting value of land are pointed out by either counsel for the parties. The matter does not rest at this since learned counsel for respondents No.2 to 17 seek to contend that the said respondents are also entitled to the benefit of the enhanced compensation. It may be noticed that the appellants, respondents No.2 to 17 as well as the applicants in CM No. 2356/2005 were all aggrieved by the compensation determined by the Land Acquisition Collector and had sought a reference. They were even aggrieved by the order of the Reference Court and thus filed a Regular First Appeal. However, after the judgment of the Regular First Appeal, only the appellants came up in further appeal by filing the present Letters Patent Appeal and the other parties accepted the judgment. It is only after a delay of almost 20 years that CM 804/2001 was filed by respondents No.2 to 17 seeking their impleadment as respondents which was allowed on 15.3.2002.