High Court Of Delhi
UNION OF INDIA - Appellant
Versus
RAJIV GUPTA - Respondent
REGULAR FIRST APPEAL 83 of 1987
Decided On : 10/05/2001
( 1 ) FOUR appeals have been preferred under Section 54 of land Acquisition Act, 1894 (hereinafter referred to as the Act) by Union of India seeking reduction in the amount of compensation as awarded by the impugned award passed on 28. 7. 1986 by the Additional District Judge, Delhi by which the said reference Court answered the reference of the claimant-respondents under Section 18 of the Act and determined the amount of compensation payable to them. Claimants/respondents in the cross-objections are seeking further enhancement in the amount of compensation.
( 2 ). Considerable land situate in village Masoodpur was notified under Section 4 of the Act on 24. 10. 1961 for being acquired at public expense for public purpose, namely. Planned Development of Delhi. Before declaration under Section 6 of the act could be issued additional land situate within the same revenue estate was notified under Section 4 of the Act on 23. 1. 1965 for being acquired for the same public purpose. On 5. 5. 1966 declaration under Section 6 was made with respect to a portion of land which was notified on 24. 10. 1961, for being acquired for which the collector, Land Acquisition on 25. 2. 1967, after completing necessary formalities, made his Award No. 1944 classifying the land in three blocks A, B and C and offering compensation @ Rs. 1,200. 00, Rs. 900. 00 and Rs. 750. 00 per bigha for categories A, B and C. On 6. 8. 1966 another declaration was made under Section 6 of the Act for the remaining land which was notified on 24. 10. 1961. For this portion of land on 2. 12. 1967 the Collector, Land Acquisition made his Award No. 2040 and offered amount of compensation to the claimants @ Rs. 1,000. 00-, and Rs. 800. 00 respectively to categories B and C lands. On 6. 9. 1966 another declaration under Section 6 was made with respect to part of the land which had been notified on 23. 1. 1965 for being acquired. The Collector on 26. 3. 1969 made his award No. 2225 for the said land offering compensation to the claimants @ Rs. 1/580. 00, Rs. 1,175. 00 and Rs. 600. 00 respectively for categories A, B and C lands and lastly on 26. 12. 1968 declaration under section 6 was issued for the remaining land for which on 22. 12. 1980 Award No. 90/ 80-81 was made offering compensation @ Rs. 1,200. 00, Rs. 900. 00 and Rs. 700. 00 respectively for categories A, B and C lands.
( 3 ). It is not in dispute that the specific purpose under the general purpose of planned Development of Delhi to acquire the land being establishment of Jawaharlal nehru University and it is also admitted that Jawaharlal Nehru University was set up on the acquired land.
( 4 ). Feeling dis-satisfied with the amount of compensation offered to the claimants under separate awards, references were sought under Section 18 of the act for determination of the amount of compensation. The Reference Court from time to time answered those references by separate awards. Feeling aggrieved appeals were filed against some of the awards of the Reference Courts by the appellants seeking reduction in the amount of compensation which were dismissed. In some of the cases appeals were carried to Supreme Court also by the appellant. The same were also dismissed. Reference to those cases will be made subsequently, while considering the preliminary objection raised on behalf of claimant-respondents that in so far as the instant appeals by Union of India seeking reduction in the amount of compensation, are now barred by the principles of res-judicata as regards the determination of amount of compensation qua the appellant. Preliminary objections further say that in any case the appellant is estopped from questioning the impugned awards since the amount of compensation already stands paid to the other claimant-respondents, whose lands were acquired under the same notification. In so far as the claimant-respondents are concerned they have filed cross objections seeking further enhancement in the amount of compensa
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