(August 31, 2001) 2001 (TLS)125789

2001-DLT-94-429 :: 2001-ILRDLH-7-173

JAI LAL Vs. Union of India

DEVINDER GUPTA

( 1 ) CLAIMANTS have in appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) sought further enhancement in the amount of compensation, whereas Union of India and food Corporation of India in their respective separate appeals are seeking reduction in the amount of compensation and in the other benefits allowed by the reference Court to the claimants. Purpose of acquisition and date of notification under Section 4 of the Act being the same, counsel for the parties in the appeals were heard and this common Judgment will govern all such appeals.

( 2 ) VILLAGES Bhorgarh, Kureni and Mamurpur are located side by side and the lands were being used for agricultural purposes or purposes subservient thereto. The provisions of Delhi Land Reforms Act, 1954 were applicable to the land for which certain restrictions as contemplated under Section 22 and 23 of the Delhi Land reforms Act were applicable. The land could be used only for agriculture, horticulture, animal husbandry etc. In the Master Plan also the land use was the same for which purposes lands were being used or utilised. The Ministry of works and Housing, after inviting and deciding objections/ suggestions, as required by sub-section (3) of Section 11-A of the Delhi Development act, 1957 issued a notification on 8/12/1982 notifying that in exercise of the powers conferred by sub-section (2) of Section 11~a of Delhi Development Act, the central Government makes modifications to the Master plan of Delhi with effect from the date of publication of the notification in the Gazette of India as regards the land use of an area measuring about 21. 043 hects. (52 acres) located near Narela Town and situate on the west of Railway line to Ambala. The land use was thus changed from Agricultural Green Belt to Commercial (warehousing and Storage depots) for a part of the land. On issuance of the aforementioned notification on 8/12/1982 the land use, as was restricted under the master Plan thus stood changed to commercial (Warehousing and Storage Depots ). In other words the land as on 8/12/1982 was considered fit for being utilised for commercial purposes.

( 3 ) AS a consequence of issuance of the above notification, another notification was issued on 1/6/1983 with respect to certain lands situate in village Bhorgarh and on 2/6/1983 with respect to other parcels of land situated in villages Bhorgarh, Kureni and Mamurpur expressing the intention of the Government to acquire at public expense the entire land, the land use of which had been converted to commercial (warehousing and Storage Depots) for public purpose, namely, construction of godowns. After complying with necessary formalities separate awards were made by the collector, Land Acquisition, who offered amount of compensation to the claimants at varying rates. Following are the details of area acquired, the amount of compensation offered by the Collector, Land acquisition, the dates of notification under Sections 4 and 6 of the Act:- 1. Village. Bhorgarh, Delhi. Award No-52/1983-84- area acquired: 82-14 Biswas section 4 Notification dated ; 1/6/1983. Section 6 Notification dated : 2/6/1983. Purposes : Construction of Godowns. Rates offered by the : Block-"a" = Rs. 9,000. 00 per bigha land Acquisition Block~"b" = Rs. 7,000. 00 per bigha collector 2. Village Bhorgarh, Delhi. Award No. 51/1983-84. Area acquired : 8-12 Biswas section 4 Notification dated : 2/6/1983. Section 6 Notification dated ; 22/7/1983. Purposes : Construction of Godowns. Rates offered by the : Rs. 9,000. 00 per bigha land Acquisition collector village Kureni Delhi award No. 46/1983-84. Area acquired; 90-12 Biswas section 4 Notification dated : 2/6/1983. Section 6 Notification dated : 22/7/1983. Purposes : Construction of Godowns. Rates offered by the Block-"a" Rs. 10,000. 00 per bigha land Acquisi