UNION OF INDIA Vs. NIHAL SINGH

JUDGEMENT

(1.) By this judgment we would dispose of the above noticed five appeals. All these appeals have been preferred by Union of India against the award judgment dated 27/4/2005. All these appeals are barred by time and the Union of India has filed CM Nos.15905/05, 16896/05, 16915/05, 17830/05 and 17834/05 in these appeals for condoning the delay of nearly 63-101 days in filing the appeals.

(2.) The Government had issued a notification under Section 8(4) of the Land Acquisition Act (hereinafter referred to as the Act) for acquiring land in the revenue estate of village Kakrola on 6/6/1991 in furtherance to which declaration under Section 6 of the Act was issued on 6/12/1991. The land was acquired for a public purpose namely 'Planned Development of Delhi'. The Collector made his award under Section 11 of the Act being Award No. 1/93-94 on 2/4/1993. The Collector had awarded compensation to the claimants @ 96,875/- per bigha for category A land which was the cultivable land or under agricultural or Horticulture land, Rs. 38,000.00 per bigha for category B which was banjar land, and Rs. 32,000.00 per bigha for category C which was a land having large pits ranging from 5 feet to 20 feet of depth.

(3.) The claimants being dissatisfied from the award of the Collector prayed for references to be made to the Court of the learned District Judge in accordance with provisions of Section 18 of the Land Acquisition Act. The references were dealt with and having permitted the parties to lead evidence, the Reference Court while relying upon the order of the Reference Court dated 6/5/2003 passed in an earlier reference in relation to the same notification and relying upon the case of Ved Prakash and Ors vs. Union of India in LAC No. 39/97 awarded the compensation of Rs. 1,25000.00 per bigha and also awarded the claimants compensation @ Rs.28,125.00 per bigha for Block A and Rs.87,000.00 per bigha for Block B land.