UNION OF INDIA Vs. SATISH GUPTA

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') is directed against the judgment and order dated 23.3.2005 passed by the learned Additional District Judge, Delhi in LAC No. 418/1993.

(2.) The petitioners' land falling in the revenue estate of village Malik Pur Kohi @ Rang Puri, was acquired by the Government on the basis of the notification issued under Section 4 of the Act dated 23.12.1986. In furtherance thereto, the declaration under Section 6 of the Act was issued on 24/12/1986. These acquisition proceedings ultimately culminated in Award No. 28/87-88 and the Land Acquisition Collector assessed the market value of the acquired land except in khasra nos. 1946/2, 1947/1, 1947/2 and 1948/1 at Rs. 26,000.00 per bigha while for these khasras the market value was fixed at Rs. 22,000.00 per bigha as the earth had been removed from these khasras, The land owners/claimants were completely dis-satisfied with the order of the Collector and preferred references under Section 18 of the Act which were referred to the reference court of Additional District Judge, Delhi. In their references, they had claimed compensation @ Rs.1,000.00 per sq. yd. as according to them the land was situated near Vasant Kunj where the flats were being sold @ Rs. 3,50,000.00 per flat and the potentiality and location of the land demanded award of much higher compensation to the claimants.

(3.) On the pleadings of the parties, the following two issues were framed by the court on 20/10/1995:- 1) Whether the petitioner have got any right, title or interest in the acquired disputed land? If so, to what extent? 2) What was the market value of the acquired disputed land on the date of notification u/s 4 of the LA Act and what enhancement in market value, if any the petrs/claimants are entitled to?OPP 3) Relief.?