NAND KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal and the batch of connected appeals pertain to village Mehrauli which is located towards the south of the capital city of New Delhi. We have heard all the appeals together since they pertain to land in the same village. The only point of distinction between the different batches in the date of the notification under section 4 of the land Acquisition Act (hereinafter referred to as the Act). Various appeals pertain to notifications under section 4 of the Act starting with the notification dated 13/11/1959 which is subject-matter of this appeal, followed by similar notifications under section 4 dated 24/10/1961, 23/1/1965, 8/9/1971, 15/9/1971 and 21/11/1978. Broadly the market value of the land has been fixed by the Land Acquisition Collectors and the Additional District Judges in references under section 18 of the Act as follows :- S.No., Award No., Date of Notification, +, Compensation awarded by:, + , , u/sec.4, u/sec.6, L.A.C. (Rs.), Add. Distt. Judge (Rs.) 1., 83/82-83 25/3/1983, 13/11/59, 7/12/66, 2200.00) 2000.00)PB 1700.00) 1200.00), 2750.00 ) 2500.00)PB 2125.00 ) 2., 75/83-84 9.12.83, 24.10.61, 4.1.69, 1480.00 PB, 6445.00 PB 3., 1971/67 29.4.67, 23.1.65, 11.4.66, 10000.00) 5000.00)PB, 13200.00PB for all lands 4., 80/70-71 8.1.81, 23.1.65, 7.12.66, 3200.00A) 1000.00B) 250.00 C), 5100.00A)PB 5., 80-E 70-71 8.1.81, 23.1.65, 7.12.66, 1700.00A) 500.00B), 5100.00)PB 3000.00) 6., 17/72-73 28.6.72, 8.9.71, 8.9.71, 2600.00A) 850.00 B), 4800/)PB 7., 27/72-73 30.8.72, 15.9.71, 15.9.71, 2600.00, 4800.00PB 8. , 8/80-81 9.4.80, 21.11.78, 21.11.78, 2890.00 , 12000.00PB

(2.) In the present appeal the appellant sought further enhancement of compensation praying that market value of the land on the relevant date be fixed at Rs. 6,000.00 per bigha. During the pendency of the appeal an application has been moved (C.M. 397 OF 1998) praying that the appellant be permitted to enhance the claim from Rs. 6,000.00 per bigha to Rs. 12,000.00 per bigha. The balance requisite court fee has been paid. This Court has been consistently taking the view allowing such prayer for amendment. Accordingly the amendment application is allowed and the appellant is permitted to seek compensation @ Rs. 12,000.00 per bigha.

(3.) In the other appeals enhanced compensation is being claimed depending on the date of the notification under section 4 of the Act in each case.