- (1.)In these appeals, which arise out of common judgment and order dated 7th June, 2011 passed by the High Court of Delhi, we are concerned with two Notifications that were issued for acquisition of lands in the revenue estate of Village Burari as well as Jharoda Mazra Burari. Vide Notification dated 24.07.1998, land ad-measuring 705-07 bigha situate in the revenue estate of Jharoda, issued Under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was acquired. The purpose of acquisition was to set up a 'Dairy Colony'. However, ultimately the land was utilised, after acquisition, for setting up of a 'Bio-Diversity Park'. Second Notification is dated 18.07.2003 issued Under Section 4 of the Act vide which 1448-01 bigha (301.66 acres) land situate in the revenue estate of Village Burari was acquired. Village Burari is adjoining village Jharoda Mazra Burari. This land was acquired for the development of a 'Bio-Diversity Park, Phase-II'.
(2.)There is no challenge to the aforesaid acquisition. The dispute pertains to the quantum of compensation that has been awarded for the acquisition of the aforesaid lands. The compensation which has been awarded by Land Acquisition Collector (LAC), Reference Court as well as the High Court in respect of these two villages is recapitulated hereunder in summary form: Jharoda Mazra Burari:
(3.)The LAC, vide his award passed in the year 2000, discussed the potentiality and fertility of the land to ascertain the quality thereof. He also took note of its proximity to the nearby habitation on the basis of aforesaid parameters. The LAC classified the land in three categories as under: