MAHENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment, we would dispose of the above-mentioned appeals as they arise from a common judgment giving rise to common questions of law and fact. The necessary facts are that a notification under Section 4 and 17(1) of the Land Acquisition Act, 1894 (hereinafter referred to in short as 'the Act') was issued on 15.11.1996 vide notification no. F.10 (39) 96/LandB/LA for acquisition of lands measuring about 3604 bighas and 18 biswas situated in the revenue estate of village Bawana, Delhi. These lands were acquired for a public purpose namely for ?Shifting of Industrial area from City area of Delhi/New Delhi?, in furtherance to which Section 6 declaration was issued on 21.11.1996. The respondents took the possession of the acquired land measuring about 3549 bighas and 19 biswas on 18.12.1996 and a Kabza Karwai report was prepared for the same. It was mentioned in that report that rabi crop was standing on the above acquired lands. The Land Acquisition Collector rendered the award bearing no. 1/97-98 on 4.7.1997 dividing the entire acquired lands into two blocks/categories being Blocks A and B. In the former i.e. Block A, the lands consisted of agricultural lands, while the latter consisted of the lands which had pits/gadhas. After having recorded the evidence, the Collector fixed the value of the acquired lands as follows:-

(2.) Lands measuring about 1887 bighas was taken in Category A and 1701.18 bighas was taken in Category B and the owners of the lands were paid compensation accordingly. As stated, the basis for placing of lands measuring 1701.18 bighas of land out of the acquired lands, in the Category B was that the same consisted of Bhatta (Brick Kiln), which included Bhatha Grunds, gadhas upto 3 feet from which earth had been taken for making bricks. The claimants were dissatisfied from the award of the Collector and preferred petitions under Section 18 of the Act. In the case of Chajju Ram vs. Union of India and another, LAC No.35/2001, the learned Reference Court vide its judgment enhanced the compensation payable to the claimants while maintaining the categorisation of the lands and awarded the compensation @ Rs.2,41,452/- per bigha for Block A lands and @ Rs.2,01,452/- per bigha for Block B lands. While deciding this case, the Reference Court had also relied upon the judgment of the High Court in the case of Jai Lal (dead) through LRs vs. Union of India 2002 (62) DRJ 227. Against this judgment of the Reference Court, the Union of India preferred appeals praying that the judgment of the Court be set aside as the compensation awarded to the claimants was unreasonably high while the claimants preferred appeals against the same judgment praying for a further enhancement of the compensation awarded to them. Both these appeals were disposed of by a judgment of this Court in the case of Chajju Ram (D) through LRs vs. Union of India and Ors. RFA No. 522/2002, decided on 20.11.2003 whereby judgment of the Reference Court was set aside by the High Court and the case was remanded to the Reference Court with the following observations and directions:-

(3.) The parties led further evidence, oral as well as documentary as per the order of remand. Earlier reference being LAC NO. 111/2000 was renumbered as LAC No. 312/2003 and vide judgment dated 31.3.2006 the Reference Court declined any enhancement to the claimants and maintained the award of the Collector in all its aspects.