High Court Of Delhi
MANGTOO MANGOO - Appellant
Versus
UNION OF INDIA - Respondent
C.M. 488 of 1997
Decided On : 03/19/1999
Held:
Similarly in the case of Village Khichirpur land was acquired after issuing notification wider Section 4 of the Act dated 13th November, 1959, Both the villages i.e. Village Gazipur and Khichripur are contiguous to each other and both villages are lying in the eastern part of the Delhi across river Yamuna. thereforee, this Court came to the conclusion that the price of the land in both the villages which were acquired by notification of the same date should not be different. It should bear the same market value particularly when vide notification under Section 4 of the Land Acquisition Act, dated 13th November, 1959 large scale of land were acquired for planned development of Delhi.
( 1 ) THE learned Land Acquisition Collector Mr. Ravi Dadhich, SDM, Preet Vihar has produced on record a letter dated 31st July, 1997 addressed to this Court under special reference No. 10 of the Land Acquisition Act, 1894 (In Short the Act ). Along with that letter a statement showing the particulars of the parties and the Khasra Numbers, total areas thereof and the share of the appellants have also been mentioned. Copy of the same had been given to Mr. M. L. Lonial, who accepts the position indicated in this statement regarding Khasra numbers and the shares of the appellants mentioned in the same.
( 2 ) WE have gone through the paper book which shoves that before the learned Additional District Judge could deliver his order on the reference made under Section 18 of the Act, the learned Land Acquisition Collector sent an additional revised statement under Section 19 in LAC No. 144/76. The same was forwarded to the learned Additional District Judge, wherein detial of the Khasra Numbers, shares and the kind of soil we mentioned. However, while delivering the impugned order, it appears the learned Additional District Judge did not take into count the additional revised statement. Hence the correct entitlement of the shares of the appellant has not been properly indicated in the impugned order to the effect that one of the Khasra Number 699/520 has been completely omitted in the impugned order. Even the shares of the appellant have not been correctly indicated. Therefore the appellant expressed this as one of the grievance in this appeal.
( 3 ) IN view of the undisputed position which has now emerged after the correct statement has been filed by the S. D. M. , Preet Vihar, we consider that subject matter of the appeal now relates to Khasra numbers and shares therein as mentioned in the said statement. Accordingly the appellant would be entitled to compenstion in respect of full shares of Khasra Nos. 700/520 (2-01), 720/478 (3- 19); 721/478 (1-16), 479 (10-16), 709/214 (4-01),490 (3-18), 718/478 (1-09), 521 (2-14), 701/520 (1-04), 500 (1-16), 716/478/2 (0-14), 489/2 (3-10), Appellant will also be entitled to full share with regard to Khasra No. 467 (1-19 ). He would further be entilted to full share regarding khasra Nos. 712/405 (4-8), 711/405 (6-3), 713/ 405 (2-04), 715/405 (0-04), 714/405 (1-03 ). However, he will not be entitled to any share of Khasra Nos. 406 (14-14), 407 (5-14), 717/478 (0-18), 699/5. 20 (3-18), 589/221 min. (0-15), 695/220 (1-07 ).
( 4 ) WITH these observations the application stands disposed. RFA No. 68/83
( 5 ) THIS appeal is a sequel to the land acquistion proceedings in respect of the acquisition of the land comprised out of the revenue estate of Village Khichripur. The land was acquired vide notification under Section 4 issued on 13th November, 1959 and the declaration under Section 6 was issued on 20th June, 1966. Vide award No. 28-B of 1970-7. 1 (suppl.) the Land Acquisition Collector assessed the market value of the land at Rs. 600. 00 per Bigha. Learned Additional District Judge, enhanced the compensation by assessing the value of the land in question at Rs. 2,100. 00 per Bigha the learned Addl District Judge, while assessing the market value of the land placed reliance on an earlier judgement of another Additional Distirct Judge relating to same type of land in this very village wherein the compensation was fixed by the Additional District Judge at Rs. 2,100. 00 per Bigha. From the perusal of the impugned order of the Additional Distfict Judge, it is not clear whether the earlier judgement relied by him in LAC No. 267/70 was of the same notification of November, 1959. This Court, however, in the case of Ram Lal and Anr, \/s. Union of India in R. F. A. No. 230/83 decided on 17th May, 1996 pertaining to the same village i. e. revenue estate village Khichripur was dealing with this very Notification dated 13th November, 1959 and this very Award No. 28-B of 1970-71. The Court in Ram Lal s
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