KHAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment of Shri Hans Raj, Additional District Judge, Delhi dated 11.7.1966.

(2.) The land in dispute comprising Khasra Nos. 285, 290, 295, 306, 397, 400 and 762/661 is situated in Shahpur- Jat Estate. The shares of KhemChand appellant in the said fields have been described in Section 19 statement. These fields formed a part of the acquired area, which was required for Planned Development of Delhi. Notification under section 4 of the Land Acquisition Act was issued on 13.11.1959. The Land Acquisition Collector issued the necessary notices to the persons interested and invited their claims. Claims were filed. After considering the various claims, the Land Acquisition Collector gave his award bearing No. 1243 and divided the whole acquired land into two blocks. For Block A he assessed the compensation at Rs. 4000.00 per Bigha, while for Block B he fixed the sane at Rs. 3000.00 per Bigha.

(3.) Khem Chand felt aggrieved from the said award and filed a reference under section 18 of the Land Acquisition Act before the District Judge for the enhancement of the compensation. He has stated that the land in dispute is very close to. the D.LF. Hauz Khas colony and is also near metalled road. He, therefore, claimed compensation at the rate of Rs. 100.00 per yard alleging that its potential value had not been properly gauged. Enhancement was opposed by Union of India. Both the parties produced their evidence. The learned Additional District Judge enhanced the compensation of field No. 762/661 (falling in Block A) from Rs. 4.000.00 to Rs. 6.000.00 per Bigha but dismissed the claim for enhanceme it qua ithe other fields.