UNION OF INDIA Vs. RAMKISHAN

JUDGEMENT

(1.) These are 5 appeals from the order of Addl. Distt. Judge. In all question relates to Compensation payable for lands in village Nangal Dewat, 2 appeals are by owners and 3 are by Union of India. This judgement will govern them all.

(2.) Government acquired land measuring 5889 bighas 11 biswas for a public purpose connected with development of Palam Airport. Notification u/s of Land Acquisition Act was issued on 3.12.71, After usual proceeding Collector made his award No. 23/73-74 on 20.7.73. He classified entire acquired land in 4 blocks. For each block, he made an offer of different Sum : Block 'A' Rs. 6,600.00, Block 'B' Rs. 6,000.00, Block 'C' Rs. 5,500.00 and Block 'D' Rs. 1,800.00 per bigha. Basis of his classification was land in block 'A' abutted on main Delhi Gurgaon Road and a road to village abadi in Nangal Dewat. Block 'B' comprised of land on road from village abadi to village Bijwasan. Block 'D' consisted of Bhatta lands. Remaining lands he grouped under block 'C'. 2.(a) Owners did not accept offer of Collector. They required the matter to be referred to Civil Court u/s 18 of the Act. The matter came in due course before Additional Distt. Judge who enhanced compensation : Block 'A' Rs. 11,875.00; Blocks 'B' and 'C' amalgamated into one Rs. 10,000.00; Block 'D' Rs. 300.00 per bigha.

(3.) An objection was taken to Collector's classification that distinction between blocks 'B' and 'C' was a distinction without a difference. The judge accepted this and combined block 'B' and 'C' and awarded a uniform rate of Rs. 10,000.00 per bigha.