MOHAN LAL GOELA Vs. UNION OF INDIA

JUDGEMENT

(1.) This batch of Regular First Appeals seek the enhancement of the compinsation as determined by various Courts of Additional District Judges on references under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') relating to the acquisition of land in village Rajpur Chhawni.

(2.) The Delhi Administration by notification dated November 13, 1959, issued under Section 4 of the Act, notified land including the land in the revenue estate of Rajpur Chhawni acquisition for a public purpose, namely, for the Planned development of Delhi. Areas were being acquired out of this notification from time to time as and when the necessity arose after the publication of declaration under Section 6 of the Act. A declaration under Section 6 was made by publication of a notification dated October 26, 1961. Most of the cases in this batch are covered by Award No. 1290 dated March 14, 1962. R.F.A 197 of 1978 arises out of the Award No 2005 though the date of Section 4 notification is the same but the declaration under Section 6 was made on May 29, 1967. R.F.A. 264 of 1968, 317 of 1968 and 90 of 1969 relate to Award No. 1291 and R.F.A. 3 of 1970 relate to Award No. 1426. The Land Acquisition Collector has offered the compensation for the land under garden at the rate of Rs. 4000.00 per bigha and the other land at Rs. 3500.00 per bigha. On various references the learned Additional District Judges have enhanced the compensation by Rs 1500.00 per bigha to Rs. 2500.00 per bigha in different cases.

(3.) The Land Acquisition Collector, while determining the market value of the land, expressed that the land under acquisition consist mostly of the gardens situated between G.T. Road, Prem Bari Road and the Mall Road. Some area of the adjoining village Malikpur Chhawni was also acquired by the same declaration under Section 6 of the Act and was included in the triangle mentioned in the Award. It was expressed as having the same potentiality and situation. The area of the acquired land is situated in front of the Model Town colony and the Police Lines. It is about half a mile away from Rana Pratap Bagh Colony and about one mile from Roop Nagar and Kamla Nagar. The land has, therefore, got very high prices because it has got potential value for building purposes. After so expressing the Land Acquisition Collector awarded Rs. 4000.00 per bigha for the gardens including the price of the trees and Rs. 3500.00 per bigha for the land other than the gardens. It is thus clear from the Award that the acquired land has got a great potentiality as a building site.