RAMESHWAR DAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the Act) is directed against a judgment dated 3rd April, 1969 of the learned Additional District Judge, Delhi in a reference under Section 18 of the Act. The land subject matter of this appeal comprising in area 43 bighas and 6 biswas falls in village Peepal Thala. The appellants Claim 1/3rd share in the said land. The notification under Section 4 of the Act for acquisition of a larger chunk of land was issued on 13th November, 1959. It was followed by a declaration dated 22nd November, 1962 under Section 6 of the Act. The Collector made his award on 22nd April, 1963 being Award No. 1570/63. The Collector divided the land under acquisition in two blocks. The land on the higher level near the village abadi was included in Block A while the remaining land was put in Block B. The Collector awarded compensation @ Rs. 1,500.00 per bigha for the land falling in Block A and Rs. 1,000.00 per bigha for the land falling in Block B. The land of the appellants falls in Block A. In the reference under Section 18 of the Act, the learned Additional District Judge enhanced the compensation by Rs. 500.00 in case of both the blocks meaning thereby that for land falling in Block A, compensation was fixed at Ra. 2,000.00 per bigha while for the land falling in Block B it was fixed at Rs. 1,500.00 per bigha. The land owners have further come up to this Court by way of present appeal wherein they claim that compensation should be awarded to them by fixing the market value of the land in question @ Rs. 6,000.00 per bigha.

(2.) When this appeal came up for final disposal before a Division Bench of this Court on 21st August, 1995, it was noticed that in RFA No. 54/1967 titled Karam Singh etc. v. Union of India decided on 29th February, 1984, this Court fixed the market value of land in the same village enhancing it by Rs. 500.00 per bigha only over and above what was fixed by the Additional District Judge. The date of notifications under Sections 4 and 6 of the Act and the award of the Collector were the same in RFA 54/1967 as in the present case.

(3.) In another decision of this Court relating to the same village and same notifications under Sections 4 and 6 (though a different award), this Court fixed the market value of land @ Rs. 9,000.00 per bigha. The second Decision is in RFA 207/67 Lehiri & Others. v. Union of India decided on 17th February, 1995 reported as 1995(32) DRJ 700. In view of the said two decisions of this Court fixing different market value for the land under acquisition in the same village and subject matter of the same notifications under Sections 4 and 6 of the Act, this case was referred to a large Bench vide order dated 21st August, 1995. This is how this appeal has been placed before this Bench for final decision.