UNION OF INDIA Vs. DESH RAJ

JUDGEMENT

(1.) This is an appeal filed by the Union of India under Section 54 of the Land Acquisition Act, 1894 (hereinafter called the Act) against the enhancement of compensation payable to the claimants/respondents under the award dated 22.4.1976 in LAC No.18 of 1969 passed by the Additional District Judge, Delhi, for his land at Village Molar Band, Delhi, acquired for public purpose under notification dated 6.4.1964 under Section 4 of the Land Acquisition Act.

(2.) By the aforesaid notification issued under Section 4 of the Land Acquisition Act, total land measuring 82 Bighas 8 Biswas was acquired and the declaration under Section 6 of the Act was made on 15.6.1965. The Land Acquisition Collector divided the entire land into four blocks and awarded the market value at Rs.5,000.00 , RS.1000.00 , Rs.800.00 and Rs.600.00 per bigha to the land placed in the said four blocks respectively. The land in dispute was categorised in Block 'A' and land acquisition compensation was assessed at Rs.5,000.00 per bigha. On reference the Additional District Judge through the impugned award enhanced the compensation amount and determined the same at Rs.7,600.00 per bigha, thereby enhancing the market value @ Rs.2600.00 per bigha so far as the land of the claimants/respondents is concerned. The learned Additional District Judge also assessed damages at 10% of the market value for severance of the land.

(3.) Being aggrieved by the aforesaid enhancement the Union of India has filed the present appeal in this court. The respondents/claimants after receipt of notice of the aforesaid appeal appeared and filed cross-objections .claiming higher compensation. It may be stated that the appeal filed by the Union of India was listed on 17.1.1992 before this court and the same was dismissed for non-prosecution. On the cross-objections filed by the respondents/claimants this court directed for listing the same for hearing.