RAM MEHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Land measuring 65 bighas 16 biswas belonging to the petitioner situate in the revenue estate of village Moradabad Pahari, adjacent to village Mohammadpur Munirka and Vasantpur, Delhi was acquired all with land of other owners for the Planned Development of Delhi pursuant to a notification under S.4 of the Land Acquisition Act, 1894 issued on October 24, 1961 (hereinafter referred to as the Act), Award No. 1559 with respect to an area of 837 bighas 3 biswas including the area belonging to the petitioner was announced on May 3, 1983. The Land Acquisition Collector awarded compensation at the rate of Rs. 2,500/- per bigha for the land of the petitioner. Not being satisfied with the award of the Land Acquisition Collector, the petitioner made a written application under S.18 of the Act to the Collector requiring that the matter be referred for determination of the compensation by the Court. The learned Addl. District Judge to whom the reference was forwarded, determined the compensation and enhanced it at the rate of Rs. 3,000/- per bigha. The petitioner then filed a regular first appeal in this Court claiming assessment of compensation for his acquired land at the rate of Rs. 15,000/- per bigha. The appeal was partly accepted on Jan. 31, 1978 by a Division Bench of this Court (V.S. Deshpande and H.L. Anand, JJ.) and the compensation was enhanced to Rs. 3,500/- per bigha plus the usual solatium and interest on the enhanced compensation.

(2.) Another regular first appeal, being R.F.A. 522/71 "Bansi and others v. U. O.I." arose out of the same Award No. 1559 and covered by the same notification under S.4 of the Act dated Oct. 24, 1961. In that case, on a reference to the Court, the learned Addl. District Judge assessed the market value of the land at the rate of Rs. 3,500/- per bigha. In the appeal, the appellant in that case claimed compensation at the rate of Rs. 4,500/- per bigha but on an application for amendment they were allowed amendment of the claim to Rs. 10,000/- per bigha. The appeal was disposed of on Oct. 11, 1984 by another Division Bench of this Court (Avadh Behari and G.C. Jain, JJ). The market value of the land in village Moradabad Pahari as on Oct. 24, 1961 was fixed at Rs. 10,000/- per bigha basing on another judgement in L. P. A. 81/79 "Justice A.N. Bhandari v. U.O.I.", decided on May 1, 1980 by Prakash Narain and Sultan Singh, JJ.

(3.) The averment of the petitioner is that the land of the petitioner and those of the appellants in R.F.A. 522/71 are not only adjoining and contiguous but they are also the same areawise, topographywise and use wise. Besides this, the lands covered by the two cases were notified on the same date under S.4 of the Act i.e. October 24, 1961 and were finally acquired under the same Award i.e. 1559. The contention is that the market value of the land noticed and acquired on the same date is to be paid on the same market value as it is the Government which is buying such land in the form of compulsory acquisition and the land owners should not be discriminated and penalised. The petitioner further submits that he came to know about the decision in R.F.A. 522/71 - "Bansi and another v. U.O.I." holding the market value as Rs. 10,000/- per bigha in the revenue estate of Moradabad Pahari as on October 24, 1961 a few days before the filing of the present application and thereafter the petitioner contacted his counsel who drafted the application and filed the same. The application is under S.151 of the Code of Civil Procedure invoking the inherent jurisdiction of this Court to determine/asset's the market value of the petitioner's land totally measuring 65 bighas 16 biswas in the revenue estate of Moradabad Pahari to be Rs. 10,000/- per bigha as on October 24, 1961 and to permit the petitioner to pay the deficient court-fee so as to be in conformity with the amount determined of the market value of the petitioner's land as on October 24, 1961. This application is for disposal after notice and hearing.