OM PRAKASH Vs. UOI

JUDGEMENT

(1.) The appellants have preferred the present appeal against the judgment and decree dated 18.10.2007, passed by the Additional District Judge, Delhi in LAC No 316/2005(new)/05/1988(old).

(2.) The brief facts of the case are that Vide Notification No. f10(6)88/L&B, dated 06.06.1991, issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") large tract of land situated in revenue village Kakrola was notified for acquisition for public purpose viz. "for the planned development of Delhi." It was followed by declaration under Section 6 of the Act and thereafter Award No. 1/93-94 came to be passed by the Land Acquisition Collector. The total land of this village acquired was 8723 bighas and 16 biswas. In the award, the Land Acquisition Collector classified the lands into three categories. He awarded Rs. 96,875/-per bigha for Block "A" land. For determining this market value, he followed the recommendations of the Joint Secretary (Land & Building), Delhi Administration contained in letter dated 03.05.1990. The LAC fixed the minimum price of Block-B land at Rs. 38,000/- per bigha, whereas for the land falling in Block- C, the market value was fixed at Rs. 32,000/- per bigha.

(3.) The appellants not satisfied with the said fixation of the market value of their land sought reference under Section 18 of the Act before the learned Additional District Judge in LAC No. 316/2005. The learned ADJ answered the reference vide his judgment dated 06.05.2003. He did away with the categorization of the land into three blocks and fixed uniform market value for the entire land. As per the said award it was decided that the fair price and market value of the land in dispute as on the date of the notification was Rs. 1,25,000/- per bigha. The land owner as well as Union of India challenged the said award by filling appeal before this Court, whereby award dated 06.05.2003 passed by the learned ADJ was set aside and the matters were remanded back to the reference Court with a direction to adjudicate the matter afresh after allowing the parties to lead further evidence.