CHAMELI DEVI Vs. UNION OF INDIA

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 2.5.1975 in LAC No.432/1971 passed by Shri O.N.Vohra, Additional District Judge, Delhi determining the amount of compensation payable to the appellant/claimant for his land at Village Khyala, acquired for the public purposes namely - "Execution of Interim General Plan for Greater Delhi". Notification under Section 4 of the Act was issued on 3.9.1957 and notification undersection 6 was issued on 26.6.1961. By the aforesaid notification under section 4 of the act a total land measuring 1095 bighas and 16 biswas situated in Village Khyala was acquired. The Land Acquisition Collector relying on an earlier award being award No.l092 relating to the same village divided the lands into 4 categories and determined the compensation @ Rs.600.00 , Rs.400.00 , Rs.300.00 and Rs.200.00 per bigha.

(2.) On reference the Additional District Judge through the impugned award enhanced the compensation amount and determined compensation at Rs.2,500.00 per bigha for Sailabi land or land lying in the form of pits, and at Rs.3,000.00 per bigha for Chahi, Rosli and Banjar lands. Being aggrieved by the aforesaid award passed by the learned Additional District Judge the present appeal has been preferred by the appellant/ claimant.

(3.) Subsequent to the filing of aforesaid appeal and admission of the said appeal by this court, an application under Order 6 Rule 17 Civil Procedure Code read with Section 151 Civil Procedure Code was preferred by the appeliant/claimant praying for amendment of the claim made in the appeal. This court by order dated 24.3.1988 following the law laid down by the Supreme Court in Harcharan Singh Vs. State of Haryana; AIR 1983 SC 43 and as applied by this court in several similar cases, allowed the prayer for amendment of the appellant/claimant. Accordingly, the appellant/claimant now, after the amendment, claims in this appeal an amount of Rs.l2,000.00 per bigha for his land acquired under the aforesaid notification.