BRIJ MOHAN TAYLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal preferred against the judgement of the learned Additional District Judge dated 28/9/1979, deciding the reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the 'Act') bearing LAC No. 23/78. The Land Acquisition Collector had, vide Award No. 6-B/74-75 dated 28/9/1976, awarded compensation @ Rs. 800.00 per bigha for the lands in Block 'A' and Rs. 200.00 per bigha for the lands in Block 'B', belonging to the appellant in Village Oldanpur, Delhi. The notification under Section 4 of the Act in respect of the said village was issued on 13/11/1959 while the declaration under Section 6 of the Act was issued on 9/8/1966.

(2.) The learned Additional District Judge enhanced the compensation to Rs. 5,750.00 per bigha for both the blocks. The appellant in the appeal claims further enhancement by Rs. 10,000.00 per bigha, i.e. Rs. 15,750.00 per bigha, in addition to interest and solatium, as permissible under the statute.

(3.) Appellant had also moved CMP 1807/96 under Order VI, Rule 17 of the Code of Civil Procedure, seeking permission of the Court to claim further enhancement in compensation to Rs. 20,000.00 instead of Rs. 15,750.00. Another application under Order XLI, Rule 27, CPC, being CMP 1805/96, for being permitted to lead additional evidence was moved. The said application for leading additional evidence was allowed by this Court vide orders dated 3/12/1996. The application under Order VI, Rule 17, CPC, seeking enhanced compensation at the rate of Rs. 20,000.00 per bigha, was ordered to be taken up along with the appeal. This application claiming amendment seeking enhanced compensation is allowed. Necessary Court fee has been paid.