BIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide this judgment, we would dispose of the above three appeals as the common question of facts and law arises for consideration in all these appeals.

(2.) As per the facts averred in the memorandum of appeal of RFA 187/1995, it is stated that the lands measuring about 131 bighas and 11 biswas owned and possessed by the appellants situated in the revenue estate of village Rithala were acquired by the Delhi Administration for 'planned development of Delhi' vide notification dated 31.12.81 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'). In furtherance thereto declaration under Section 6 was issued on 16.4.1984 and finally the Collector vide his Award No. 16 of 1985-86 had divided the lands into three categories i.e. A,B and C and assessed them at Rs. 10,840/-, Rs.9,000/- and Rs. 7,000/- per bigha respectively. Aggrieved from the order of the Collector, the appellants had preferred references under Section 18 of the Act which were disposed of by the judgment of the ADJ dated 22.9.1994 and the reference court enhanced the compensation payable to the claimants @ Rs. 21,000/- per bigha for the acquired lands without any differentiation of the categories of lands as held by the Collector. Dis-satisfied from the judgment of the Reference Court, the appellants have preferred RFA 187/1995 praying for further enhancement of the awarded compensation for acquisition of their lands

(3.) As far as the facts of RFA 393/1990 are concerned, the lands of the appellants situated in the revenue estate of village Rithala were acquired vide notification dated 13.2.1981 and the Collector had categorised the land into two categories i.e. A and B. He awarded the compensation @ Rs. 3800/- per bigha for category A and Rs. 2600/- per bigha for category B. Aggrieved from the order of the Collector, the claimants filed references under Section 18 of the Act which were disposed of by the Reference Court vide its judgment dated 30.11.89 giving uniform compensation @ Rs. 10,800/- per bigha. Dis-satisfied from the judgment of the Reference Court, the appellants have preferred RFA 393/1990 praying for further enhancement of the awarded compensation for acquisition of their lands. As far as RFA 393/90 is concerned, the judgment of the reference court has been discussed in detail by us in the case of Jas Rath v. UOI, RFA 751/94 decided on 27.4.2006 and the for the reasons recorded therein compensation has been enhanced.