JAS RATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Supreme Court vide its judgment dated 7th September, 2005 remitted the above appeals to this Court with the following directions :-

(2.) We feel that it will be appropriate for the Court to cull out the submissions which weighed with the Supreme Court in remitting these appeals to this Court for determination of market value afresh. The important points can be summed up as follows:-

(3.) As large number of appeals arising out of four notifications relating to acquisition of land in Village Rithala have been remitted to this Court, with the consent of counsel appearing for the parties and after perusing the record, we had directed that RFA 751/94 titled as JasrathVs. Union of India , RFA 232/95 titled as Hardhian Singh Vs. Union of India , RFA 198/95 titled as Ranvir Singh Vs. Union of India, RFA 889/87 titled as Sher Singh Vs. Union of India , RFA 893/87 Shiv Dhan Singh (Deceased) Vs. Union of India , RFA 336/90 titled as Suresh Pal Singh Vs. Union of India , RFA 144/88 titled as Ved Prakash Vs. Union of India, RFA 183/90 titled as Surat Singh and others Vs. Union of India , LA APP. 9/2006 Union of India Vs. Ran Singh and Ors , LA APP. 7/2006 titled as Union of India Vs. Ram Kumar and Others and RFA 797/94 titled as Pat Ram Vs. Union of India and other cases aforestated be listed for final disposal. The records of the trial Court in all these cases were also before us and particularly LAC No.367/93, LAC No. 9/88, LAC No. 50/83, LAC No. 15/86 and LAC No. 62/83. However, with the consent of counsel appearing for the parties, arguments were heard treating the case of Jasrath and Ranvir Singh, Hardhian Sivsh, Sher Singh, Shiv Dhan Singh, Suresh Pal Singh, Ved Prakash, Surat Singh and the appeals filed the Union of India in LA APP. No. 9/2006 and LA APP. No.7/2006 as lead cases. Besides these, we would be referring mainly to the fact of the case of Jasrath and record of all these cases. The evidence in all these cases relied upon by learned counsel appearing for the parties is available either in RFA 751/94 or in the record of the afore-referred 5 Land Acquisition Cases, which were summoned from the Reference Court.