UNION OF INDIA Vs. BIRBAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Additional District Judge, Delhi dated 24/12/2003.

(2.) The land in the revenue estate of village Beharipur measuring about 1487 bighas and 15 biswas was acquired including the land belonging to Sh. Birbal, predecessor in interest of the respondents in the present appeal. The notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') was issued on 26/8/1967. The declaration under Section 6 of the Act was made on 28/5/1969 and the award was made by the Collector being award No. 15/83-84 on 30/6/1983. The Collector had divided the acquired land into two categories i.e. category-A and category-B. Owners of category-A were awarded compensation @ 3500/- per bigha while the owners of category-B were awarded compensation @ Rs. 3230/- per bigha. The claimants being dissatisfied from the award of the Collector filed reference petition under Section 18 of the Act which was sent for adjudication to the Additional District Judge who enhanced the compensation by fixing the market value of the acquired land at a uniform rate of Rs. 7,500/- per bigha.

(3.) The UOI felt aggrieved from the said judgment and filed the present appeal on the ground that the market value assessed by the learned ADJ beyond Rs. 5280.00 per bigha and Rs. 5010.00 per bigha dependent upon the category of the land was unjustified and was not supported by any evidence on record. The learned reference court after considering the entire evidence produced by the parties on record had framed the following two issues:- 1. Whether the petitioner is entitled to enhanced compensation, if so, to what amount? 2. Relief.?