HEERO BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) This will dispose of the two connectedappeals. Regular First Appeal No. 214 of 1969 and Regular First Appeal No. 338 of 1969, which are in the nature of cross-appeals againstthe same judgment of an Additional District Judge disposing of a referenceunder section 18 of the Land Acquisition Act, 1894 (hereafter referredto as "The Act").

(2.) A notification under section 4 of the Act was issued by theDelhi Administration on 26/05/1960 in respect of land and buildingsof a property commonly known as Ludlow Castle Estate. A declarationunder section 6 of the Act was made in respect of the said propertyon 8/08/1961. After inviting claims the Land Acquisition Collector gave his award in respect of 54 bighas and 12 biswas of landbut did not give his award in respect of the land under the petrolpump and the Swiss Hotel. The petrol pump, it may be noted, wassituated on land forming part of the Ludlow Castle Estate. He alsomade an award in respect of compensation to be pad for the buildingstanding on the said land and the wells therein. Before the Land Acquisition Collector Smt. Hero Bibi and others, the appellants in R.F.A.No. 214 of 1969 claimed compensation for the land at Rs. 100.00per Sq. Yd. The Land Acquisition Collector awarded compensation forthe land at the rate of only Rs. 15.00 per Sq. Yd. He awardedRs. 1,29,116,00 as compensation for the superstructure andRs.4864.00 as compensation for the trees. Dissatisfied with the awardSmt. Heero Bibi and others moved an application under section 18of the Act for a reference to be made to the District Judge. Thereference as noticed earlier was answered by the impugned judgmentof an Additional District Judge, Delhi. Before the Additional District Judge Smt.Heero Bibi and others claimed compensation for land at Rs. 100.00per Sq. Yd., for the two wells at Rs. 5000.00 each and for the superstructure they claimed the sum of Rs. 4,00,000.00. The Additional DistrictJudge by the impugned judgment dated 24/12/1968 awardedcompensation for land at the rate of Rs. 20.40 per Sq. Yd. an enhancement of Rs. 5.40 per Sq. Yd. For the superstructure he enhanced thecompensation by Rs. 6826.00 but rejected the claim for enhancementof compensation for wells etc. not being satisfied by the enhancement inthe compensation for the land Smt, Heero Bibi and others have cometo this Court in appeal and claim that the market rate Rs. 65.00 perSq. Yd. No enhancement is claimed for the building or the wells. Weare, therefore, only concerned with the question as to what enhancement, if any, is to be granted to Smt. Heero Bibi and others for theirland acquired by the Government.

(3.) The Union of India is also dissatisfied with the compensationgranted by the judgment of the Additional District Judge. It has, therefore,filed R.F.A. No. 338 of 1969 against Smt. Heero Bibi and others withthe prayer that enhancement in the market rate of land granted by theAddl. District Judge be set aside and it be held that the correct marketvalue of the acquired land of Smt. Heero Bibi and others is Rs. 15.00per Sq. Yd., as was awarded by the Land Acquisition Collector.