SABHA RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two appeals, one is by the owner Shrimati Sabharai (RFA 41 of 1976) and the other by the Union of India (RFA 100 of 1976). In both these.appeals the question relates to the amount of compensation payable to the owner of certain lands situated in village Jaitpur, en outlying village on the outskirts of Delhi.

(2.) The owner's land was acquired by the Government under the Land Acquisition Act of 1894 (the Act) for public purposes of "Ash Disposal and Railway Siding Badarpur Thermal Power Project".

(3.) On January 6, 1969, notification under S. 4 of the Act was issued. After the usual statutory proceedings the Land Acquisition Collector made his award (No. 26/70-71) on August 28, 1970, under S. II of the Act. The Collector classed the acquired lands into three separate blocks-blocks 'A', 'B' and 'C'. Block 'A' consisted of abpashi land or irrigated land. Block 'B' comprised gair abpashi Land or what is generally known as barani land which is dependent on rain for purpose of cultivation. Block 'C' included "banjar land and land covered under jheel and perpstually effected by fluvial action of river Jamuna.