UNION OF INDIA Vs. PT LILA RAM

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 common judgment since questions of law arising for determination are idential 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 acquistion through notification published on 3.9.1957 at public expense for public purpose, namely. Planned Development of Delhi, Collector, Land Acquisition on 18.9.1961 made his Award No. 1174. 72 bighas 10 biswas of land owned by Pt. Lila Ram was also included in the award. Feeling dissatisfied with the amount of compensation a reference under Section 18 of the Act was sought by Pt. Lila Ram for determination of the amount of compensation. Delhi Colonizers also sought reference for 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 20.2.1969 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 far away from abadi in Block B. Market value of the land falling in Block A as on the date of notification under Section 4 of the Act was fixed at Rs. 3.800.00. per bigha and for 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 20.2.1969 in which also for land in categories A and B, market value was fixed at Rs. 3,800.00. and Rs. 3,500.00. per bigha respectively. Regular First Appeal No. 331/69 is against the award of the Additional District Judge dated 20.2.1969 in LAC 418/62 by Union of India questioning the pnhancement in the amount of compensation in favour of Pt. Lila Ram, who also preferred cross-objections (CM 589/91) seeking further enhancement in the amount of compensation at the rate of Rs. 26,000.00. per bigha. Regular First Appeal No. 109/ 70 is an appeal by the Delhi Colonizers against 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.

(3.) 188 bighas 16 biswas of land situate in Village Zamrudpur was acquired at public expense for public purpose, namely. Planned Development of Delhi through notification issued under Section 4 of the Act on 3.9.1957. Collector, Land Acquisition on 18.9.1961 made his award No. 1176 allowing compensation at the rate of Rs. 2,500.00. per bigha. Pt. Lila Ram sought reference for further enhancement in the amount of compensation with respect to 161 bigha 4 biswas of land. The said reference (Land Acquisition Case No. 519/62) was decided by Shri M.R. Sikka, Additional District Judge, Delhi on 15.7.1969 determining the amount of compensation and fixing the market value of the acquired land at the rate of Rs. 5,000.00 per bigha. Regular First Appeal No. 18/70 against the said award is by the claimants for further enhancement in the amount of compensation at the rate of Rs.26,000.00. per bigha and CM 563/91 in the said appeal is an application for additional evidence. Regular First Appeal 504 /69 is a cross appeal by the Union of India against the said award of Additional District Judge dated 15.7.1969 questioning the enhancement in the amount of compensation. Regular First Appeal 19/70 is by Delhi Colonizers for further enhancement in the amount of compensation at the rate of Rs. 10,000.00. per bigha with respect of the land measuring I bigha II biswas against the similar award made in its land reference. Case No. 521 /62.