LAWS(DLH)-2005-5-79

KANWAR SINGH Vs. UNION OF INDIA

Decided On May 12, 2005
KANWAR SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) A notification was issued under Section 4 of the Land Acquisition Act, 1894 ( hereinafter to be referred to as, 'the Act' ) on 25.10.1979 in respect of the land situated in Village Bohargarh, Delhi. The appellants land was also notified under the said notification. A declaration was also issued under Section 6 of the Act read with Section 17(4) of the Act on the same date. The Land Acquisition Collector (LAC) determined the market value of land at Rs.4,300/- per bigha in terms of the Award No. 58/80-81 dated 19.08.1980.

(2.) The appellants aggrieved by the same sought reference under Section 18 of the Act and the Reference Court held that the appellants would be entitled to compensation @ Rs.9,000/- per bigha. The appellants were still not satisfied and preferred an appeal under Section 54 of the Act, which has resulted in the impugned order whereby the compensation has been determined at Rs.9,000/- per bigha.

(3.) At the stage when the appeal was filed, the appellants sought enhancement of compensation to Rs.14,000/- per bigha. However, almost 14 years after filing of the appeal, the appellants filed CM No. 1249/2000 seeking to amend the claim to Rs.50,000/- per bigha. Not only this, during pendency of the application, a further application was filed being CM No. 130/2002 seeking further enhancement to Rs.80,000/- per bigha.