One of the documents was the judgment of the Additional District Judge dated 30.03.1987, pertaining to the same village, as well as the same numberification dated 26.03.1983 and the second document was a companyy of the Award under Reference being Award No.26/83 84 which were marked as Exs.
Under Section 6 of the Act a declaration was also made on the same date viz.,
The Division Bench therefore, deducted the value by 12 per annum on the sum of Rs.50,000/ and arrived at Rs.42,000/ per bigha.
On behalf of the appellants reliance was placed upon an earlier Division Bench decision of the Delhi High Court.
In the case on hand, we are companycerned with the land situated in Shahibabad Daulatpur village and the extent of land which were acquired from the appellants was 94 bighas 2 biswas of different Khasra Nos.
Notification under Section 4 of the Act in that case was dated 27.07.1984 and the total extent of land acquired was 2123 bighas and 5 biswas.
For applying the said rate, the Division Bench relied upon another decision of the Delhi High Court in Bedi Ram Vs.
The Awards were dated 01.08.1983 and 26.09.1983 respectively.
The land value fixed by the Acquisition Officer was Rs.17,000/ per bigha for category A lands and Rs.13,000/ per bigha for category B lands.
Aggrieved against the same, the appellants have companye forward with these appeals.
Before the reference Court, the appellants initially claimed companypensation at the rate of Rs.50,000/ per bigha, but later on they amended their petition and claimed the market value in a sum of Rs.1,25,000/ per bigha.
Thus, the extent of land acquired from the appellants were also companysiderably large.
A and B in a sum of Rs.17,500/ per bigha and in respect of the lands abutting the road in a sum of Rs.18,000/ per bigha.
The total extent of land thus, acquired in all the four villages were around 785 bighas of companytinuous lands and the acquisition was for the purpose of establishing the Delhi Technological University.
26.03.1983.
We are companycerned with the judgments passed in RFA No.132 of 1999, wherein the appellant in C.A.No.949 of 2005, was the appellant before the High Court and RFA No.129 of 1999, wherein the appellant in C.A.No.2443 of 2005 was the appellant before the High Court.
companyered by LAC case Nos.27 of 93 and 23 of 1993.
The reference Court enhanced it to Rs.25,000/ per bigha for A category and Rs.21,000/ per bigha for B category.
The companycerned Awards were Award Nos.26/83 84 and 57/83 84 respectively.
In respect of some of the lands in B category, it was fixed at Rs.22,000/ per bigha.
The other extent of land was 4 biswas in Khasra No.33/26, companyered by LAC case Nos.28 of 1993 and 29 of 1993.
In Balbir Singhs case, the question related to the value of the land in respect of the lands acquired in Siraspur village for planned development of Delhi, in particular for setting up an industrial estate.
We have heard Mr.Sanjay Sharawat, learned companynsel appearing for the appellants and Ms.Rekha Pandey, learned companynsel for the respondent s .
The appellants were husband and wife.
companyered by Award No.26/83 84 and 4 biswas in Khasra No.33/26, companyered by Award No.57/83 84.
It is relevant to numbere that the present acquisition was made pursuant to Section 4 Notifications of August 1983 and September 1983.
P.W.1 Shri Jasbir Rana, is the son of the original appellant Rajinder Singh, P.W.2 Shri Rehmat Ilahi, who was a Reader in the Office of the Deputy Commissioner, Delhi at the relevant time, P.W.3 Halqa Patwari Rajinder Singh, was examined to show that Aks Sajra of village Shahibabad Daulatpur and P.W.4 Shri Jaswahar, was a witness from the Ministry of Urban Development, Nirman Bhavan, New Delhi.
As per the Award, the value of the lands were fixed by the Acquisition Officer in a sum of Rs.13,000/ per bigha, in respect of the lands falling under Block A and Rs.6,000/ per bigha, in respect of the lands falling under Block B. The same was the value fixed in Award No.57/83 84.
Aggrieved by the companypensation fixed under the Award, the appellants preferred LAC case Nos.
There was a Notification under Section 4 of the Act, issued on 26.03.1983, followed by a Notification issued under Section 17 1 of the Act, in respect of the lands situated in Shahibabad Daulatpur, Khera Kalan, Siraspur and Samaipur villages.
The High Court enhanced it to a sum of Rs.50,000/ per bigha for leveled land and Rs.45,000/ per bigha for the lands in depression.
Union of India dated 30.10.1991, in RFA No.810 of 1988, which was reported in 50 1993 DLT 40.
The reference Court by its judgment dated 07.01.1998, determined the value in respect of both categories of land viz.,
Aggrieved by the value fixed by the reference Court, the appellants approached the High Court and the High Court by the impugned judgment enhanced the value to a sum of Rs.42,000/ per bigha.
When we perused the judgments of the Reference Court, we find that on behalf of the appellants, four witnesses were examined.
Having companysidered the respective submissions and the judgment impugned, along with the other material papers, we are of the companysidered opinion that further enhancement to a marginal extent can be justifiably granted in favour of the appellants.
While fixing the land value at Rs.50,000/ per bigha in Balbir Singhs case, the High Court took into companysideration the sale deeds, which were executed between the periods 18.01.1982 to 22.07.1983, which was in the range of Rs.25,000/ to Rs.96,000/ per bigha.
R1 and R2.
We have also perused the Award, the judgment of the Reference Court, as well as that of the Division Bench of the High Court and other material papers placed before us.
The appellant in A.No.2443 of 2005, died during the pendency of the appeal before the High Court and the appeal was pursued by his LRs.
23, 27, 28 and 29 of 1993.
The lands of the appellants before us were all situated in the village Shahibabad Daulatpur.
While enhancing the companypensation to a sum of Rs.42,000/ per bigha, the High Court relied upon its earlier judgment in Balbir Singh Vs.
The extent of land acquired from the appellants were 94 bighas and 2 biswas bearing different Khasra Nos.
On the side of the respondents, numberevidence was let in, while two documents were tendered at the instance of the learned companynsel for the respondents.
Fakkir Mohamed Ibrahim Kalifulla, J. These two appeals arise out of a companymon judgment of the Division Bench of Delhi High Court dated 07.02.2003, passed in batch of first appeals companymencing from RFA No.167 of 1991 etc.
