PRITHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Taking into account the fact that in a similar matter being LA.App. No. 91/2005 titled Gajraj Singh and Ors. vs. UOI, dated 27th April, 2006, this Court had already decided the issue involved in the present case, we are of the view that this appeal be disposed of in terms of the said order dated 27th April, 2006. However, since there is delay on the part of the appellant to move this Court, he will not be given any interest for the delayed period.

(2.) In the above referred appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') common questions of law and facts arise. Therefore, this appeal is being disposed of by this common judgment. The notification under Section 4 of the Act was issued on 15.11.1996 and the declaration under section 6 of the Act was made on 21.11.1996 in respect of village Holambi Kalan. Thereafter award No.22/97-98 was drawn by the Land Acquisition Collector. The Land Acquisition Collector placed the acquired land in two categories. The land placed in category A was assessed @ Rs.1,86,500/- per bigha and the land placed in category B was assessed @ Rs. 1,61,500/- per bigha. The appellants (claimants) were not satisfied. Consequently, reference under Section 18 of the Act came up before the learned Addl. District Judge, Delhi, who enhanced the rate of land in category A to Rs.2,41,452/- and category B to Rs.2,01,452/-. The claimants as well as the Union of India challenged the said judgment. The High Court set aside the judgment and remanded the matter to the Addl. District Judge, Delhi, with directions to decide the matter afresh. This time the successor learned Addl. Distirct Judge dismissed the reference with the result that the appellants (claimants) were back to square one. Hence, the present appeal.

(3.) It is contended by learned counsel for the appellant that entire evidence led by the appellants before remand and after the remand has not been properly appreciated by the learned Addl. District Judge. Moreso, no cogent evidence was produced on behalf of the respondents. It is argued that the value of the land in the adjoining villages was not considered, specially of village Bhorgarh on the basis of which the predecessor learned Addl. District Judge had enhanced the value of category A land to Rs.2,41,452/- per bigha and of category B land to Rs.2,01,452/- and the said learned Additional District Judge had relied upon the judgment of the High Court regarding village Bhorgarh and that the Hon'ble Supreme Court of India in Om Prakash (deceased ) through LRs v. UOI and Anr (2004) Vol. VIII (AD) SC 37 held that Rs. 82,255/- per bigha was fair market value for all categories of land in village Bhorgarh. The learned counsel for appellants have also relied upon the case titled Bhim Singh v. State of Haryana (2003) 10 SCC 529 wherein it has been held that market value earlier fixed can also be taken into consideration for determining the market value of the land subsequently.