LAWS(DLH)-2006-8-320

UNION OF INDIA Vs. RAJIV GUPTA

Decided On August 28, 2006
UNION OF INDIA Appellant
V/S
RAJIV GUPTA; PRAMOD GUPTA Respondents

JUDGEMENT

(1.) By this common order, we propose to dispose of the four applications:-

(2.) The prayers in these four applications are identical and read as under:-

(3.) Notifications dated October 24, 1961 and January 23, 1965 were issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') for the acquisition of lands admeasuring 721 bighas and 3224 bighas respectively situated in Village Masoodpur for the public purpose of land development of Delhi, i.e., for the construction of Jawahar Lal Nehru University. This was followed by declarations under Section 6 of the Act and two awards. Award No.2040 was made on December 2, 1967 and Award No.2225 on April 8, 1969. As per these awards, the lands were divided into three Blocks 'A', 'B' and 'C, and compensation was awarded at the rate of Rs.1,000/- per bigha for the Block 'A'; Rs. 800/- per bigha for Block 'B' and Rs.600/- per bigha for block 'C' in respect of the lands under the notification dated October 24, 1961. As regards lands under the notification dated January 23, 1965, the compensation awarded was Rs.1580/- per bigha for Block 'A'; Rs. 1,175/- per bigha for Block 'B' and Rs. 600/- per bigha for Block 'C'. The claimants/respondents herein sought reference in terms of Section 18 of the Act and by a common judgment dated July 28, 1986 the reference court awarded compensation at the rate of Rs.18,000/- per bigha (Rs.18 per sq. yd.) for the lands covered by the Award dated April 8, 1969 besides compensation at the rate of Rs.10,000/- per bigha(Rs.10 per sq. yd.) for the mineral (china clay) in their land. For the lands covered by the Award dated December 2, 1967, the reference court granted Rs.12,000/- per bigha (Rs.12 per sq. yd.) besides compensation at the rate of Rs. 10,000/- per bigha (Rs. 10 per sq. yd.) for the mineral (china clay).