UNION OF INDIA Vs. RAM KUMAR

JUDGEMENT

(1.) This regular first appeal, under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act') is preferred against the judgment and order dated 26.7.05 passed by the Court of Sh T.R. Nawal, Additional District Judge, Delhi in respect of Award No. 4/1980-81 passed in LAC No. 734/1993. The necessary facts giving rise to the present appeal are that the respondents in this appeal alongwith other persons were Bhumidars of land having one-third share each in Khasra Nos. 65/7 (0-8), 65/8 (0-8), 65/11/2 (0-4), 65/12 (0-8), 64/4 (0-9), 64/5 (0-4), 64/8 (0-8), 65/8 (0-8), 65/11/2 (0-4), 65/12 (0-8), 64/4 (0-9), 64/5 (0-4), 64/8 (0-8), 61/25 (0-5) and was having full share in khasra nos. 65/6 (0-8), 64/9 (0-8), 64/10 (0-8), 62/16 (0-8), 63/13 63/20 (0-8) situated in the revenue estate of village Rithala, Delhi. The land of the respondents was acquired by the Government vide notification dated 27.4.79 issued under Section 4 of the Act in furtherance to which declaration under Section 6 was issued on 27.4.79. The notices under Section 9 and 10 of the Act were issued to the interested persons and pursuant to the said notices they filed their claims before the Land Acquisition Collector. After considering the claims received, the Land Acquisition Collector made the award under Section 11 of the Land Acquisition Act bearing no. 4/1980-81. For the land measuring 6 bighas and 12 biswas Collector had fixed the market value of the land @ Rs.2,100/- per bigha. The respondents dissatisfied from the award of the Land Acquisition Collector filed objections under Section 18 of the Act for claiming higher quantum of compensation and for proper determination of the market value of the land which was acquired under the said notification. The learned Reference Court vide its judgment and order dated 26.7.05 enhanced the compensation @ Rs. 54 per square yard in respect of the acquired land and granted other statutory benefits and interest in terms of the provisions of the Act. Being aggrieved from the said judgment and order of the Reference Court, the Union of India has filed an appeal before this Court being Land Acquisition Appeal No. 7/06 while the appellants in that appeal were also dissatisfied from the said order and they filed appeals being Land Acquisition Appeal Nos. 696-716/05 to the extent for further enhancement of the compensation awarded to them and claimed compensation @ Rs.105 per square yard. Thus, we will dispose of both these appeals by a common judgment.

(2.) It is contended on behalf of the Union of India that the Reference Court has granted much higher compensation which is unreasonable and is not even permissible in law. Contention of the Union is also that principle of annual decrease @ 12% could not be applied in the facts of the present case, particularly, when the case of Jasrath vs. Union of India in RFA 751/94 was the judgment relying on a notification much subsequent to the notification for acquisition of the land in the present case.

(3.) According to the claimants, in Jasrath case the High Court had further enhanced the compensation and had given the market value to the claimants @ Rs. 67 per square yard for the notifications issued on 13.2.81 as such they were entitled to enhancement even on the strength of the same judgment. It may be noticed at this stage itself that the judgment of the High Court in Jasrath case supra was set aside by the Supreme Court vide its judgment dated 7.9.05 and all the cases including the case of Jasrath was remitted back to the High Court for determination afresh in accordance with law.