Manmohan Sarin, J.

( 1 ) BY this common judgment, we would be disposing of the above four letters patent appeals for enhancement of compensation in respect of land at Village Bahapur, which had been acquired. The present Letters Patent Appeals are against the judgments of the learned Single Judge of this Court in Regular First Appeals.

( 2 ) THE land in question at village Bahapur was acquired pursuant to the notification under Section 4 dated 13-11-1959, issued under the Land Acquisition Act. In due course, the Land Acquisition Collector made awards of compensation. Compensation was awarded @ Rs. 2,000 per bigha. On reference under Section 18 of the Land Acquisition Act to the Additional District Judge, the compensation was increased ranging between Rs. 4,500. 00 tos. 11,000. 00 per bigha. Dissatisfied with the enhancement in compensation, the appellants had filed Regular First Appeals in this Court. In case of land which is the subject matter of L. P. As 230/79 and 190/79, compensation was enhanced to Rs. 7,000. 00 and Rs. 7,500. 00 per bigha respectively. In respect of land which is the subject matter of L. P. As 65/80 and 34/80, the Regular first appeals were dismissed. In the above two cases, the Additional District Judge had already awarded compensation at the rate of Rs. 11,000. 00 per bigha.

( 3 ) FOR facility of reference, we are giving below the area covered under the appeals preferred TO, the rate of compensation as awarded by the Land Acquisition Collector and the enhancement granted in reference by the Additional District Judge and in appeal by the learned Single Judge. The rate at which compensation was originally sought in the L. P. A. when filed is also given in the table.

THE appellants had moved applications seeking to enhance the claim in appeal to Rs. 20,000. 00 per bigha and for being permitted to pay deficit court fee.

( 4 ) WE have heard Mr. Ravinder Narain and Mr. S. C. Dhamija, Advocates for the appellants in the four appeals. Learned counsel for the appellants submitted that the land in question at village Bahapur was eminently fit for development into residential colony in the same manner as the appellants had developed the colony Greater Kailash I. In fact, the appellants colony at Greater Kailash could easily have been extended to the acquired land and the plots could be similarly earmarked and developed. Learned counsel argued that the land in question was even superior to the land at Siri Fort near Panchsheel where development took place much later and where in R. F. A. 282/68 compensation had been awarded @ Rs. 20,000. 00 per bigha. Learned counsel relied on a decision of Division Bench of this Court in R. F. A 115/73 with R. F. A. (Cross Appeal) 193/73 dated 27-10-1994 in the case of DLF Universal Limited Vs. Union of India. The said decision covers case for compensation in this very village covered by the same notification under Section 4 dated 13-11-1959. In the aforesaid appeal, division bench of this Court relying on the earlier decision of this Court in R. F. A. 408/77 titled Union of India Vs. Amin Chand and others dated 9-7-1979, R. F. A. 463/79 titled Chhajju Vs. Union of India dated 3-12-1979 fixed the market value of land at Rs. 19,000. 00. The Court in the said decision also permitted enhancement of the claim in appeal by payment of deficient court fee.

( 5 ) MR. S. S. Sabharwal, counsel appearing for the Union of India, in view of the division bench decision of this Court in R. F. A. 115/73 with R. F. A. (Cross Appeal) 193/93 did not seriously question the rate of compensation as determined by this Court. However, he strongly opposed the appellant s being permitted to claim compensation at enhanced rates of Rs. 20,000. 00 per bigha and make good the deficiency in court fee. He urged that appellants claim should be confined to the rate of Rs. 15,000. 00 and Rs. 17,000. 00 as originally claimed in the L. P. As.

( 6 ) THE appellants had moved CM. 2008/96 in LPA. 230/79; CM. 2009/96 in

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