LAWS(DLH)-1979-2-18

SIS RAM Vs. UNION OF INDIA

Decided On February 15, 1979
SIS RAM Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Appeals Nos. 278, 401, 481 of 1969 arise from one and the same judgment passed by Shri M.R. Sikka, Additional District Judge, Delhi on 7.3. 1969. They will, therefore, be disposed of by this common judgment.

(2.) For the Planned Development of Delhi 608 Bighas and I Biswa of land were acquired by the Government in Shahpur Jat Estate. Land in dispute also formed a part of the total acquired area. Notices under sections 9 and 10 were issued to the claimants who filed their respective claims. The Land Acquisition Collector gave his award bearing No. 1243 and assessed the compensation of the various fields by carying out two blocks, viz: A and B. For the land falling in Block A he assessed the compensation at Rs. 4.000.00 per Bigha, while for the land comprising Block B he assessed the same at Rs. 3,000.00 per Bigha.

(3.) Aggrived from the said rate, of compensation assessed in the Award, Sis Ram and 21 others filed a reference under Section 18 of the Land Acquisition Act and claimed enhanced compensation at the rate of Rs. 50.00 per square yard. It was alleged that the Land Acquisition Collector had ignored the advantageous situation of the land in dispute, being its nearness of the new developed colonies. It has, therefore, great potential value for building sites. In reply Union of India stated that the rate of compensation granted by the Land Acquisition Collector was quite reasonable and that no enhancement was called for. Both the sides produced evidence in support of their respective assertions. The learned Additional District Judge, by his impugned Judgment, enhanced the compensation and evaluated the land in question as under :- <FRM>JUDGEMENT_340_DLT15_1979Html1.htm</FRM>