TINDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) These four appeals have been preferred under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as "the Act") seeking further enhancement in the mount of compensation payable to the appellants for acquisition of their property.

(2.) The property of the appellants situate in Village Khizarabad was notified under Section 4 of the Act on 10.5.1976 for being acquired for public purpose, namely construction of pitot-cut in the Reach from Nizamuddin Road Bridge to Okhla Weir. In all 36 bighas 7 biswas of land was notified for the said parpose. It was an acquisition, which was made by invoking Section 17(4) of the Act and all notifications under Sections 4, 6 and 17(4) of the Act were issued simultaneously on 10.5.1976. Proceedings for determination of the amount of compensation were held separately and the Collector Land Acquisition 00:30.11.3976 made his award No-18/76-77 holding the appellants to be entitled to compensation @ Rs.700.00 per bigha. Feeling dissatisfied with the amount of compensation offered to them, the appellants sought reference. The Reference Court through the impugned awards enhanced the amount of compensation holding that the appellants entitled to compensation @Rs. 2,000.00 per bigha. Still dissatisfied, these appeals have been preferred for further enhancement in the amount of compensation. The extent of enhoncement sought in the appeals is now @Rs. 50,000.00 per bigha.

(3.) Learned counsel for the appellants has contended that ,this Court in RFA 288/68 (Deewan Ram Saroop v. Union of ?India & Ors.) decided on 23.10.1992, 48(1992) DLT 600 fixed market value of land situate in Village Khizarabad @ Rs. 12,500.00 per bigha as on 16.1961. In Deewan Ram Saroop's case (supra), land situate in Village Khizarabad was acquired For public purpose through notification dated 3.6.1961. Collector in that case had made his award dated 27.2.1962 dividing the land in two btocks and fixing the market: value at Rs. 4,000.00 and Rs. 2.500.00 per bigha for btocks 'A' and 'B' respectively. On reference, Additional District Judge held market value to be @ Rs. 5,000.00 per bigha, but this Court in appeal held the market value of land as on 3.6.1961 to be Rs. 12,500.00 per bigha. In the said case topography of Village Khizarabad was noticed that it was surrounded by Villages Bahapur, Jogabai and the lands where Maharani Bagh and New Friends Cotony (Village Kitokari) had come up. Holy Family Hospital situated in Village Jogabai, which was on the main road, i.e. Mathura Road to Okhla and Bharat Nagar Cotony were found to be tocated nearby at a distance of about 200 yards. It was also found to be contiguous to Village Bahapur abuting the main Mathura Road where Ishwar Nagar Cooperative Society houses had come up. Placing reliance upon the market value of the lands in Villages Bahapur, Jogabaiand Kitokari, the market value of land situated in Village Khizarabad as on 3.6.1961 was held to be at Rs. 12,500.00 per bigha.