K K JINDAL Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) On 15.1.2004, a notification was issued under Section 4 of the Land Acquisition Act, 1894 ("Act") notifying the land ad-measuring 4 bighas and 4 biswas in Village Saleempur Majra, Madipur, Delhi, of which the petitioner was 50% owner, for the public purpose of a primary school. On 5.3.2004, a declaration under Section 6 of the Act was issued and, simultaneously, a separate-jiotification was issued under Section 17(1) of the Act directing the Land Acquisition Collector (North-West) ('LAC') to take possession of the land. Thereafter notices under Section 9 and 10 of the Act were issued.

(2.) The petitioner filed a response to the said notices under Sections 9 and 10, claiming compensation for the land at Rs.84,000/- per sq. m., along with other statutory benefits. On 19.4.2004, the petitioner was issued a cheque in the sum of Rs.67,99,561 towards the 80 per cent compensation of the land as required under Section 17(3A) of the Act. The rate at which this amount was calculated was Rs.3696/- per sq. m. However, this was done prior to the making of the Award, and on an approximation of the compensation payable.

(3.) On 3.3.2006, the LAC issued an Award in which he assessed the market value of the land at Rs.1,595/- per sq. yd., and determined the total compensation at Rs.89.90 lakhs. The apportioned share of the petitioner was determined at Rs.44,95,035.24.