JAI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) All the above 111 Land Acquisition Appeals have been preferred either by the claimants or by the Union of India against the judgments of the Reference Court whereby it partially allowed the reference and granted compensation to the claimants @Rs.1,08,000/- per bigha with other statutory benefits and interest payable in terms of provisions of Section 23 (1-A) of the Land Acquisition Act. It is not necessary for us to refer to the facts of each appeal as the learned counsel appearing for the appellants in all these appeals argued and referred to the pleadings and record of the following appeals :-

(2.) All the claimants are bhumidar or owners of agricultural land fallen in the revenue estate of Village Bakarwala. This land was acquired for public purpose namely 'Water Treatment Plant for Dwarka Project' vide notification dated 15th October, 1993, issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act). Declaration under Section 6 was issued on 12th October, 1994. The appropriate Government invoked the emergency provisions under Section 17(1) of the Act for dispensing with the compliance of Section 5A of the Act. After following the prescribed procedure, the Land Acquisition Collector vide award No.12/95-96 had assessed the market value of the acquired land at Rs.4.65 lakhs per acre (Rs.96,875/- per bigha). This compensation was computed by the Collector with reference to the policy of the Government of Delhi, which came into effect from 27th April, 1990 fixing the minimum price of the agricultural land at Rs.4.65 lakhs per acre.

(3.) The claimants being dissatisfied with the award of the Collector preferred references under Section 18 of the Act, which in turn were referred to the learned District Judge, Delhi. The parties led evidence. The claimants, while relying upon the sale instances, award, allotment letters issued by the DDA to various public institutions, had claimed compensation @Rs.2000/- per square yards. The Reference Court, keeping in view the pleadings of the parties, had framed all or any of the following issues :-