1 In the court of [ENTITY], Additional District Judge-05, West District, Tis Hazari, Delhi. Sh. [ENTITY] (deceased through LRs) vs. [ENTITY] & another (LAC No. 119/08/03) Award no. 10/DCW/1991-92 Village: Kamruddin Nagar Date of institution 11-2-2003 Date of decision: 17-9-2009 (Reference under [SECTION] of [ACT]) JUDGMENT:
For the purposes of construction of Water Treatment Plant, a big piece of land in village Kamruddin Nagar was acquired on the basis of notification under [SECTION] of [ACT] dated 30-5-1990. Land Acquisition Collector announced a formal award bearing no. 10/1991-92 on 21-2-1992 and fixed the value of the land at Rs. 4.65 lakhs per acre (or to say Rs. 96875/- per Bigha or Rs. 4843.75 per Biswa). Separate compensation was awarded for wells and trees. The possession of the land however had taken place on 18-7-1990.
Petitioner was having 1/3rd share in Land measuring 25 Bigha 16 Biswa comprising of Khasra no. 16/24 (4-16), 16/1 (2-16), 17 (4-16), 25/1 (3-16), 18/1 (4-16), 10 (4-16) in village which was also acquired under the above award. Petitioner being not satisfied with the compensation amount in respect of land got his petition under [SECTION] of the Act referred to the court for enhancement of the same to Rs. 200/- per sq. yards on various grounds . Petitioner also demanded Rs. 50,000/- for tube well and Rs. 50,000/- for trees and other statutory benefits as per law. Petitioner had died and his Legal heirs were brought on record.
Respondents [ENTITY] and [ENTITY] contested the matter and described the compensation amount assessed under award as justified and reasonable. On the basis of pleadings of the parties, my ld. Predecessor framed following issues vide order dated 16.2.2005 :-
1) Whether [ACT] is applicable to the land in dispute , if so, to what effect?OPD
2) To what enhancement, if any, the claimants are entitled to ?OPP
3) Whether the claimants are entitled for compensation as claimed for tube well?
4) Relief.
Counsel for petitioner without examining any witness despite taking several opportunities tendered some sale deeds, documents & copy of order of Hon'ble High Court as Ex. A-1 to A-14. On behalf of UOI, copy of award Ex. R-1 and three sale deeds Ex. R-2 to R-4 were tendered in evidence. I have heard counsel for the parties and gone through the record. My decision on above mentioned issues is as under:
Issues no. 1 to 3:
The same set of evidence and arguments which is led or relied upon in this case also on behalf of both parties has already been discussed and dealt with in detail in another case [CASE NUMBER] titled as [PRECEDENT] decided on 10-8-2009. The judgment given in this above mentioned matter is ordered to be read as part and parcel of the present matter also. It is held in that case that no enhancement in compensation in respect of land is possible and the compensation assessed by Land Acquisition Collector in the award is correct, proper and justified. On basis of same reasoning, petitioner is held not entitled to any enhancement. He has not shown any other ground or special case for enhancement in compensation against land or any other item. Petitioner failed to lead any evidence to show existence of any tube well or tree on his acquired land so is not entitled for any compensation in this regard. Accordingly these three issues are decided against petitioner by holding that there is no further scope of its enhancement.
Issue no. 4 (Relief):-
In view of above, this reference is disposed off. Petitioner is not entitled to any enhancement of compensation on any score. Copy of this judgment be sent to LAC for information. Decree be prepared and file be consigned to record room.
([ENTITY]) Dated 17-9-2009 Additional District Judge Delhi