SABHA CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) These are 7 appeals of owners from different judgments of Additional Distt. Judges. In all the common question is : What was market value of land in 1961 in revenue estate of Mangolpur Kalan 7. Question relates to the amount of compensation payable to the owners of the certain land situated in this village.

(2.) The owner's land was acquired by the Goverment pursuant to two notifications dated October 24, 1961 and February 8, 1961, issued under s. 4 of the Land Acquisition Act, 1894 (the Act). In due course the Land Acquisition Collector made five awards, namely, 1459, 1460, 1461, 1434 and 1672. In Awards 1459, 1460 and 1461 he awarded compensation at the rate of Rs. 1,500.00 per bigha. In Award No. 1434 he divided the acquired land in two blocks. Block 'A' consisted of land which had not been dug up. For this he awarded Rs. 1560.00 per bigha. Block 'B' consisted of land which had been dug up. He awarded Rs. 1,200.00 per bigha for this land. In respect of Award No. 1672. he divided the acquired land into three blocks. Block 'A' consisted of the land which was not categorised in block 'B' or block 'C' and for this he awarded Rs. 1,600.00 per bigha. Block 'B' consisted of fields from which earth had been dug up for making bricks. He awarded Rs. 1,300.00 for this block. Block 'C' consisted of gair mumkin land for which he made an award of Rs. 800.00 per bjgha.

(3.) The owners did not accept the collector's award. They were dissatisfied with bVis valuation. On that ground they demanded that the matter should be referred to the court under s. 18 of the Act. On reference the Additional District Judge varied the award he collector. In respect of awards 1459, 1460, 1461 and 1434 compensation was raised to Rs. 3,000.00 per bigha in respect of land which was not on the rasta. For land on the rasta compensation was increased to Rs. 3,500.00 per bjgha. This was the decision of Mr. D.R. Dhamija, ADJ. In the case of Award No. 1672 another ADJ, Mr. M. R. Sikka made his own classification of land. He divided the entire acquired land of 2418 bighas and 11 biswas which was the subject matter of this award into two blocks - block 'A' and block 'B'. In block 'A' he adopted the following sub-division : 1. For land on the mettled road known as Delhi-Kanjhawala Road- Rs. 4,500.00 per bigha 2. For land on rasta - Rs. 4,200.00 per bigha, 3. For land neither on road nor on rasta Rs. 3,800.00 per bigha. In block 'B' he adopted this sub-division : 1. Dug up land situated on rasta Rs. 3,500.00 per bigha, 2. Dug up land not situated on rasta Rs. 3,500.00 per bigha. The owners now appeal to this court for further enhancement.