SHAM KRISHAN CHANDIWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Land in village Tekhand in the Union Territory of Delhi was acquired for Planned Development of Delhi. The notification under Section 4 of the Land Acquisition Act was issued on November 13, 1959. A declaration under Section 6 of the said Act was: made on 22-8-62. The Land Acquisition Collector published his Award No. 1 343 on June 30, 1962. According to the Land Acquisition Collector the land in the village was of several categories, namely, Aabi, Chahi, Rosli, Banjar Jadid, Banjar Kadim and Gairmurnkin. For Aabi and Chahi, the Land Acquisition Collector awarded compensation at the Rate of Rs. 2000.00 per bigha, for Rosli and Banjar, Jadid he awarded compensation at the rate of Rs. 1500.00 per bigha. For Banjar Kadim land he awarded Rs. 800.00 per bigha and for Gairmurnkin land Rs. 600.00 per bigha.

(2.) The appellants' land was also acquired under the aforesaid Award No. 1343. Sham Krishan's land bore Khasra Nos. 112, 113, 114, 716/115, 717/115,718/116,719/116.117,118,119,120, 124 and 128. This measured 52 bighas 4 biswos. The land belonging to Smt. Vidaya Vati which was acquired bore Khasra Nos. 121, 142, 143, 145 and 146. It measured 39 bighas 17 biswas. We are concerned with the lands of Sham Krishan and Vidaya Vati which have been described by the Land Acquisition Collector as Rosli and Chahi land.

(3.) The appellants not being satisfied with the award of the Land Acquisition Collector claimed a reference under Section 18 of the Act. This reference was answered by the impugned judgment/award of the Additional District Judge, Delhi, who held that the appellants were not entitled to any enhancement of compensation for land. We may notice here that in the reference under Section 18 of the Act the appellants had asked for enhancement of compensation not only in respect of land but also in respect of wells, drains, boundary walls, trees and plants. The claim for enhancement of compensation in respect of land alone was pressed, the other claims were given up. Before the Additional District Judge as well as the Land Acquisition Collector the appellants had claimed that their land had a market value of Rs. 10.00 sq. yard.