HARI CHAND Vs. UOI

JUDGEMENT

(1.) THE present appeal arises out of a judgment dated 13. 5. 2008 passed by learned ADJ in LAC No. 76/1993. The appeal pertains to land belonging to the appellants situated in village Tughlakabad, Delhi. The factual matrix of the case is that a notification under Section 4 of the Land Acquisition Act (in short 'the Act') was issued by the respondent, UOI on 23. 1. 1965. This was followed by a declaration dated 13. 1. 1969 issued under Section 6 of the Act. On 24. 3. 1970, the Land Acquisition Collector passed an Award No. 50/69-70, assessing compensation payable @ Rs. 2,000/- per bigha in respect of the land belonging to the affected land owners.

(2.) BEFORE the Land Acquisition Collector, the appellants herein had claimed a sum of Rs. 25/- per sq. yards as compensation, pursuant to Sections 9 and 10 notices. However, before the Reference Court, the appellants initially claimed a sum of Rs. 20,000/- per bigha towards market value of the land, rs. 1,000/- per bigha towards crops and Rs. 10,000/-lump sum for each claimant on account of unemployment. Thereafter, the appellant sought an amendment in the petition and claimed a sum of Rs. 50,000/- per bigha as enhanced compensation for the land. The said amount was later sought to be further enhanced by the appellants to Rs. 1,00,000/- per bigha, by preferring an application under Order 6 Rule 17 CPC. The said application was dismissed by the Reference Court, vide order dated 20. 3. 2006, by relying upon a judgment of the Supreme Court, reported as AIR 2002 SC 1045 entitled "land Acquisition Officer-cum-DSWO, A. P. v. M/s B. V. Reddy and Sons", wherein while examining the un-amended and the amended provisions of Section 25 of the Act, the court arrived at a conclusion that the amended provision of Section 25 of the Act not being retrospective in nature, would not apply to acquisitions made prior to 24. 9. 1984, but only to acquisitions made subsequent to 24. 9. 1984, the date on which Act 68 of 1984 came into force. The Reference Court noticed that in the present case, the award in question was passed on 24. 3. 1970, i. e. , prior to the amendment of the provisions of the Act in the year 1984. Hence, the application of the appellants claiming enhanced compensation @ Rs. 1,00,000/-, was rejected. Thereafter, the impugned judgment dated 13. 5. 2008 came to be passed.

(3.) IN the Reference Petition filed under Section 18 of the Act, four issues were framed by the learned ADJ, which are reproduced herein below: