Delhi High Court
Bir Singh And Ors. vs Union Of India (Uoi) on 11 May, 2006
Author: S Kumar
Bench: S Kumar, S Bhayana
JUDGMENT
Swatanter Kumar, J.
1. Vide this judgment, we would dispose of the above three appeals as the common question of facts and law arises for consideration in all these appeals.
2. As per the facts averred in the memorandum of appeal of RFA 187/1995, it is stated that the lands measuring about 131 bighas and 11 biswas owned and possessed by the appellants situated in the revenue estate of village Rithala were acquired by the Delhi Administration for 'planned development of Delhi' vide notification dated 31.12.81 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'). In furtherance thereto declaration under Section 6 was issued on 16.4.1984 and finally the Collector vide his Award No. 16 of 1985-86 had divided the lands into three categories i.e. A,B and C and assessed them at Rs. 10,840/-, Rs. 9,000/- and Rs. 7,000/- per bigha respectively. Aggrieved from the order of the Collector, the appellants had preferred references under Section 18 of the Act which were disposed of by the judgment of the ADJ dated 22.9.1994 and the reference court enhanced the compensation payable to the claimants @ Rs. 21,000/- per bigha for the acquired lands without any differentiation of the categories of lands as held by the Collector. Dis-satisfied from the judgment of the Reference Court, the appellants have preferred RFA 187/1995 praying for further enhancement of the awarded compensation for acquisition of their lands
3. As far as the facts of RFA 393/1990 are concerned, the lands of the appellants situated in the revenue estate of village Rithala were acquired vide notification dated 13.2.1981 and the Collector had categorised the land into two categories i.e. A and B. He awarded the compensation @ Rs. 3800/- per bigha for category A and Rs. 2600/- per bigha for category B. Aggrieved from the order of the Collector, the claimants filed references under Section 18 of the Act which were disposed of by the Reference Court vide its judgment dated 30.11.89 giving uniform compensation @ Rs. 10,800/- per bigha. Dis-satisfied from the judgment of the Reference Court, the appellants have preferred RFA 393/1990 praying for further enhancement of the awarded compensation for acquisition of their lands. As far as RFA 393/90 is concerned, the judgment of the reference court has been discussed in detail by us in the case of Jas Rath v. UOI RFA 751/94 decided on 27.4.2006 and the for the reasons recorded therein compensation has been enhanced.
4. As far as the facts of RFA 886/87 are concerned, the lands of the appellants situated in the revenue estate of village Rithala, were acquired vide notification dated 20.2.1981. The Collector had categorised the land on agricultural basis and awarded the compensation @ Rs. 3800/- per bigha for irrigated land, Rs. 2600/- per bigha for Banjar and Reh land and no compensation was awarded for the rastas.. Aggrieved from the order of the Collector, the claimants filed references under Section 18 of the Act which were disposed of by the Reference Court vide its judgment dated 1.9.1987 giving uniform compensation @ Rs. 20,000/- per bigha. Dis-satisfied from the judgment of the Reference Court, the appellants have preferred RFA 886/87 praying for further enhancement of the awarded compensation for acquisition of their lands.
5. Vide judgment dated 4.9.2001, a Division Bench of this Court allowed the appeal in the case of Jasrath v. Union of India RFA 751/94. CMs were also filed for clarification of that order whereupon the court had passed the order dated 27.9.2002 clarifying the amount of compensation, where after a decree was also drawn. The judgment of this Court in the case of Jasrath v. UOI RFA 751/94 dated 4th September, 2001 was set aside by the Supreme Court remanding the cases for determination afresh in accordance with law. The CMs thus also got revived.
6. The learned Counsel appearing for the parties at the very outset conceded that the controversies arising in the present cases are fully covered on facts and in law by the recent judgment of a Division Bench of this Court in the case of Jas Rath v. UOI RFA 751/94 decided on 27.4.2006 wherein the court had awarded compensation @ 27,000/- per bigha for the lands which were covered by the notification dated 31.12.1981 and Rs. 25,000/- per bigha for the lands which were covered by the notifications dated 20.02.81 and 13.02.81. The claimants were also given other statutory benefits and interest as payable under the provisions of the Act.
7. Thus, these three appeals are also disposed of in terms of the judgment of this Court in Jas Rath v. UOI RFA 751/94 decided on 27.4.2006. The appellants would be entitled to receive the same compensation and benefits as granted in that case.
8. The appeals are accordingly partially allowed. The claimants would be entitled to proportionate costs.
9. In view of the above judgment, CMs do not survive for consideration and are accordingly disposed of.
