GAJRAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The above noticed 30 appeals have been preferred by the claimants/owners of the acquired land against the common judgment and order of the learned Additional District Judge, Delhi dated 30th November, 2004 wherein the Court held that the claimants were not entitled to any enhancement in compensation awarded by the Land Acquisition Collector vide its award No.22/97-98 and answered the references preferred to that Court under Section 18 of the Land Acquisiition Act (hereinafter referred to as the Act) accordingly. Though we propose to dispose of all the appeals by this common judgment but we would be referring to the facts of the case in Gajraj Singh (LA (Appl.) 91/2005). The appellants claim to be owners of land measuring about 170 bighas and 2 biswas situated in khasra Nos. 43/13 (4-16), 42/14(1-14), 16 (4-8), 17 (5- 6), 23 (2-14, 24 (4-16), 25 (4-16), 66/2 (94-16), 9 (4-16), 12 (4-16), 19 (4- 16), 22 (4-16), 70/2 (5-4) as Bhumidar in possession of land in which the appellant had the share as reflected in the revenue record. Notification under Section 4 was issued on 15th November, 1996 acquiring 940 bigha and 6 biswa of land in the revenue estate of Village Holambi Kalan. Declaration in furtherance thereto was issued under Section 6 of the Act on 21st November, 1996. The Collector issued notices to the parties and after following the due process, divided the land into 2 different categories and vide its award dated 30th March, 1998 awarded the compensation to the claimants @Rs.1,86,500/- per bigha for land falling in category A and @Rs.1,61,500/- for the land falling in category B. Dissatisfied with this award of the Collector, the appellants and other land owners had filed references, which were disposed of by the learned Reference Court vide order dated 22nd December, 2001. The reference Court had enhanced the compensation payable to the claimants @Rs.2,41,452 for category A land and @Rs.2,01,452/- for category B land. The Union of India as well as claimants had filed appeals against the said award. In the case of Chajju Ram Vs. Union of India and Ors (RFA No. 522/2002 decided on30th November, 2003), the Division Bench of this Court had remanded the matter and the Court directed as under :-

(2.) Upon remand of the case by the High Court, the Reference Court permitted the parties to lead oral and documentary evidence. From the record, it is apparent that the parties produced some evidence especially in regard to determination of market value of the acquired land relatable to the agricultural yield of the land in question. However, vide its award dated 30th November, 2004, the Reference Court, as already noticed, declined to enhance any compensation and maintained the compensation awarded by the Land Acquisition Collector, giving rise to the present appeals.

(3.) Learned counsel appearing for the appellants contended that the impugned judgment of the Reference Court is liable to be set aside as the Court has erred in appreciating the evidence produced by the parties on record and has erroneously ignored the statement of PW-3, PW-4 and PW-5 in regard to agricultural yield, location, potential and direct evidence, which would justify the prayer of the claimants for enhancement of the compensation. It is also seriously contended that while referring to the policy of the Government and the award of the Collector, the Reference Court ignored the material facts that for the financial year referred to in the award would end on 31st March, 1996 while the Notification in the present case was issued on 15th November, 1996 and as such for the period of more than 6 months, the enhancement in value even in terms of policy of the Government should have been granted to the claimants. Besides the fact that Court had not correctly applied the settled principles of law relating to acquisition of land, the Court has even fallen in error of fact, which calls for setting aside of the said judgment and the claimants pray for grant of compensation at the rate of Rs.286 per sq. yard i.e. Rs.100/- over and above the compensation awarded by the Collector. In the prayer clause of appeal, the appellants pray for grant of uniform rate of compensation @Rs.3 lakh per bigha instead of Rs.1,86,500/- as granted by the Collector and affirmed by the Reference Court.