DELHI COLONIZERS Vs. UNION OF INDIA

JUDGEMENT

(1.) These five appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') can conveniently be disposed of by a a common judgment since questions of law arising for determination are identical and one set of arguments has been addressed at the Bar by the learned Counsel for the parties.

(2.) 475 Big has 13 Biswas of land situate at Village Garhi-Jaria-Maria, Delhi was notified for acquisition through notification published on 3.9.57 at public expense for public purpose, namely. Planned Development of Delhi. Collector, Land Acquisition on 18.9.61 made his Award No. 11174.72 Bighas 10 Biswas of land owned by Pt. Lila Ram was also included in the award. Reeling dissatisfied with the amount of compensation a reference under Section 18 of the Act was sought by Pt. lila Ram for determination for the amount of compensation. Delhi Colonizers also sought reference for the determination of the amount of compensation with respect to acquisition of 51 Bighas 8 Biswas of land also included in the said award. Reference of Pt. Lila Ram (Land Acquisition Case No. 418/62) was decided on 20.2.69 by Shri M.R. Sikka, Additional District Judge, Delhi. The entire land was categorised in two blocks. The land near the abadi was categorised in Block A and for away from abudi in Block A as on the date of notification under Section 4 of the Act as on the date of notification under Section 4 of the Act was fixed at Rs. 3,800.00 per Bigha and fpr land falling in Block B at Rs. 3,500.00 per Bigha. Following this award the reference of Delhi (colonizers (Land Acquisition Case No, 417/62) was also decided on 20.2.69 in which also for land in category A and B, market value was fixed atjRs. 3,800.00 and Rs. 3.500.00 pe^ Bigha respectively.

(3.) Regular First Appeal No.-331/69 is against the award of the Additional District Judge dated 20.2.69 in LAC 418/62 by Union of India- questioning the enhancement in the amount of compensation in favour of Pt. Lila Ram,whoalso preferred cross-objections (CM 589/91) seeking further enhancement in the amount of compensation at the rate or of Rs.26,000.00 per Bigha. Regular First Appeal No. 109/70 is anappealby the DelhiColonizers gainst award in LAC 417/62 for further enhancement in the amount of compensation at the rate of Rs. 26,000.00 per Bigha. Neither any cross-objections have been preferred nor separate appeal has been filed by the Union of India against the award made by the Additional District Judge in LAC 417/62. CM 567/91 in RFA 109/70 is by the claimants for leading additional evidence.