JAI RAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of R.F.As. 368/84, 24, 58, 131 and 139 of 1975 and 350 of 1979 arising out of the determination of the compensation in the revenue estate of village Sahipur by various Courts while answering reference petitions undersection 18 of the Land Acquisition Act, 1894.

(2.) The Delhi Administration vide notification dated November 13, 1959 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) notified an area of 34,070 acres of land for acquisition for a public purpose, namely, for planned development of Delhi. Another notification dated October 24, 1961 under Section 4 of the Act was issued by the Delhi Administration notifying about 16,000 acres of land for acquisition for a public purpose, namely, for planned development of Delhi. The land situate in village Sahipur was also included in the aforesaid two notifications. Several declarations under Section 6 were issued form time to time and awards drawn by the Land Acquisition Collector.

(3.) In R.F.A. 368/84, the declaration under Section 6 was issued on January 2, 1969 in pursuance of the preliminary notification dated November 13, 1959 and the award is No. 79/70-71. The Land Acquisition Collector (for short called Collector) offered the compensation at the rate of Rs. 550.00 per bigha. On a reference under Section 18 of the Act, the learned Addl. District Judge in the Order underappeal dated July 23, 1984 determined the compensation at the rate of Rs. 2,000.00 per bigha. In R.F.A. 139/75, the declaration under Section 6 was made on July 15, 1966 in pursuance of the preliminary notification dated November 13, 1959 and the Collector made his award No. 2119. He offered the compensation for the acquired land at the rate of Rs. 2,000.00 per bigha, the learned Addl. District Judge in the order under appeal dated February 3, 1975 determined the compensation at the rate of Rs. 2,500.00 per bigha. R.F.As. 24 of 1975 and the cross-appeal (58 of 1975) also arose out of award No. 2119. The compensation determined by the learned Addl. District Judge in the order under appeal dated September 24, 1974 is at the rate of Rs. 2,500.00 per bigha.