SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants had a share as owners in land bearing Khasra Nos. -61/2, 431, 460/2, 456/2 and 436/2 in the revenus estats of Mahammedpur Munirka. The extent of the share of the appellannt. it is not disputed, words out to an area of 10 bights 12-3/16 biswas. The preseat appeal is with regard to the compensation claimed by the appelants for acquisition of their land.

(2.) Bighas 12 Biswas of land in ths revenue estate of Mohammedpur Munirka was notified for intended acquisition under Section 4 of the Land Acquisition Act on November 13, 1959. The acquisition was proposed to be made for the Pianned Development of Delhi. A declaration under Section 6 of the said Act was Issued on December 31, 1962. The Land Acquisition Collector made his award No. 1560 on April 16, 1963 fixing the market value at Rs 2500.00 per bigha. Dissatisfied with the compensation offerred on the basis of the market value fixed by the Land Acquisition Collector, the appellants asked for a reference under Section 18 of the Act. This reference was answered by the Additional District Judge, Delhi, by his judgment/award dated May 16, 1966. The Additional District Judge fixed the market value at Rs. 3750.00 per bigha Not satisfied even with this, ths appellants have preferred an appeal to this court and now claim Rs. IU.00 per sq. yard as compensation.

(3.) In land bearing Khasra Nos.451, 460/2 and 456/2 there were some occupancy tenants. The apportionment of the compensation between the land owners and the occupancy tenants was made by the Land Acquisition Collector in the ratio of 4:12. This apportionment was accepted by the land-owners and the tenants and so, that is not in dispute. Indeed, before the Additional District Judge also the only question was to what enhancement, if any, were the appellants entitled. The same is the situation even now. Once the market value of the land is determined, the Land Acquisition Collector will have to distribute the compensation in accordance with the ratio already fixed vis-a-vis the three fields mentioned above.