ABDUL JALIL Vs. UNION OF INDIA

JUDGEMENT

(1.) We will dispose of these two R.F.As. and one civil revision by one common judgment even though they arise out of two different notifications : one dated October 3, 1962 and the other dated February 24, 1965 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act).

(2.) . The land of the appellants allong with others' land was notified for acquistion for a public purpose, namely, for the planned development of Delhi by notification dated October 3, 1962 issued under Section 4 of the Act. A declaration under Section 6 of the Act was made vide notification dated December 12, 1962. The land of the appellants bearing khasra No. 379 measuring 2 biswas and khasra No. 613/590/381/2 measuring 34 bighas and 16 biswas of village Malikpur Chhawani was acquired under this notification. The Land Acquisition Collector by his award No. 1589 offered compensation for the acquired land at the rate of Rs. 4,000.00 per bigha. On a reference under Section 18 of the Act, Shri Harkishan Malik, the then Add). District Judge, Delhi vide his judgment under appeal (R.F.A. 18/78) dated September 2, 1977 determined the market value of the land at the rate of Rs. 7,000.00 per bigha.

(3.) 11 bighas and 6 biswas of land comprising khasra Nos. 377, 378, 308, 613/590/381/2 in village Malikpur Chhawani, Delhi,was acquired in pursuance of the second notification dated February 24, 1965 issued under Section 4 of the Act under Award No. 30/74-75. The Land Acquisition Collector offered the compensation for the acquired land at the rate of Rs. 4,500.00 per bigha. On a reference under Section 18 of the Act, Shri B.B. Gupta, Addl. District Judge determined the market value of the acquired land at the rate of Rs. 22,000.00 per bigha.