UNION OF INDIA Vs. M. L. GUPTA

JUDGEMENT

(1.) The Union of India, vide the present appeal under Section 54 of the Land Acquisition Act, 1894, seeks the setting aside of the judgment and order dated 11.04.2016 of the learned ADJ-01, East, KKD Courts, Delhi in LAC No.75/16/09 in the reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'), vide which the learned ADJ enhanced the compensation that was awarded to the petitioners therein i.e. the respondent nos. 1 to 8(a) to 8(d) by the Land Acquisition Collector (hereinafter referred to as the LAC) from Rs.2850/- per square meter to Rs.5865/- per square meter for the land of the respondent nos. 1 to 8(a) to 8(d) measuring 41 bighas situated in village Chandrawali, which area was modified on measurement on demarcation to be 39 bighas 10 biswas with the details of the Khasra Nos. acquired having been given in the award No.1/1999-2000 of the LAC dated 20.07.1999 being as under:-

(2.) The LAC vide the award dated 20.07.1999 observed that there were no title documents that had been filed by the claimants with their claims except the General Power of attorney, which was not considered an authentic proof of ownership, in as much as consideration could be given only to registered sale deeds. The award indicates that there were no tube wells with rooms, no well, no trees and no standing crops on the land acquired on the structure put forth to the effect:-

(3.) The award dated 20.07.1999 of the LAC further states to the effect that none of the interested persons had submitted any sale deed in support of their claim for compensation of land and a reference was also sent to the office of the Sub-Registrar-IV, Seelampur, Delhi to ascertain whether any sale deed had been executed for any Khasra number mentioned as detailed hereinabove or part thereof and it was informed from the office of the Sub-Registrar-IV, Seelampur, Delhi that no sale deed had been executed for the said Khasra numbers afore mentioned or part thereof subsequent to the notification under Section 4 till the date of the award and that thus, there was no indicative market price of land that had been submitted before the LAC.