(August 24, 2001) 2001 (TLS)125857

2001-DLT-94-378 :: 2002-AD (Del)-1-292

RATTAN LAL Vs. Union of India

Devinder Gupta

( 1 ) APPEALS preferred under Section 34 of the land Acquisition Act, 1894 (hereinafter referred to as "the Act" by the claimants are for further enhancement in the amount of compensation. Appeals by Union of India are for reduction in the amount of compensation.

( 2 ) LAND acquired through two different notifications under Section 4 of the Act on 17/11/1980 and 24/11/1981 is the subject matter of the appeals. On 17/11/1980 by notification issued under Section 4 of the Act land situate in village dallupura was sought to be acquired at public expense for public purpose, namely, Planned development of Delhi. It was followed by declaration under Section 6 of the Act, which was made on 29/9/1981. The Collector Land acquisition made his award No. 79/82-83 on 9/3/1983 offering amount of compensation to the claimants at a rate of Rs. 12,500. 00 per bigha.

( 3 ) ANOTHER notification dated 24/11/1981 was issued under Section 4 of the Act notifying more land situate in village Dallupura for being acquired at public expense for the same public purpose for which declaration was made on 25/3/1983. The Collector Land Acquisition made his award No. 6/85-86 on 4/5/1986 offering compensation to the claimants at the rate of rs. 12,000. 00 per bigha. Felt aggrieved with the amount of compensation offered to them, the claimants sought references.

( 4 ) THE reference Courts answered the references by separate awards. In one set of cases, the reference court held the claimants entitled to compensation at the rate of Rs. 13,500. 00 per bigha with respect to the land, which was acquired through notification dated 17/11/1980. In the remaining cases, in which land was acquired through the same notification dated 17/11/1980 the reference courts enhanced the amount of compensation holding the fair market value to be rs. 76,550. 00 per bigha. Only in one case in which land was acquired through second notification dated 24/11/1981, the reference court answered the reference holding the claimants entitled to compensation also at the rate of Rs. 76,550. 00 per bigha.

( 5 ) CLAIMANTS in the said case in which land was acquired through notification dated 17/11/1980 have preferred an appeal (RPA. No. 432/94) seeking further enhancement in the amount of compensation. Separate appeal (RFA No. 423/94) has been filed by union of India in that case weeking reduction in the amount of compensation. Other appeals pertain to the land, which was acquired through notification dated 17/11/1980.

( 6 ) AS noticed above, 32 appeals are those in which the claimants have sought enhancement in the amount of compensation. The Reference Court allowed compensation at the rate of Rs. 76,550. 00 per bigha. It is significant to note that only 5 appeals have been preferred by Union of India seeking reduction in the amount of compensation. Thus there are only 6 appeals preferred by Union of India seeking reduction in the amount of compensation urging that the compensation ought to have been allowed only at the rate of Rs. 30,000. 00 per bigha. Thus the challenge in six appeals is for the amount of compensated awarded over and above Rs. 30,000. 00 per bigha.

( 7 ) AT the very outset, we may observe that the very act of Union of India in not questioning the determination of the amount of compensation in the other cases in which compensation has been determined in favour of the claimannts at the rate of Rs. 76,550. 00 per bigha is sufficient to dismiss its six appeals. This act of Union of India would lead to drawing of an inference that in those case where appeals have not been filed it accepts the fair market value at Rs. 76,550. 00 per bigha. By this act Union of India will be precluded from making challenge that the market value is leas than Rs. 76,550. 00 per bigha. It will thus be presumed that in cases where appeals have not been filed, where land is si