PREM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants' land in Village Sadhora Kalan was acquired pursuant to Sector. 4 Notification dated 13/11/1959. The Collector categorised land of this Village four blocks and awarded compensation at the rate of Rs. 8,000.00, Rs. 5,600.00, Rs. 5,100/ - and Rs. 2,500.00 per bigha respectively. Reference Court affirmed the compensation awarded by the Collector except in case of field No. 185 for which he awarded Rs. 8.500.00. Appellants filed RFA 98/72 for enhancement of compensation and First Appellate Court awarded them a uniform compensation Rs. 8,000.00 per bigha vide judgment dated 28/2/1972

(2.) Appellants feel dissatisfied and have have this LPA claiming compensation of Rs. 12,000.00 per bigha after paying the requisite fee. They later filed CM 2130/89 for amending memo of appeal on 6/10/89 in which notice was issued to respondents 24/1/1990 requiring them to file reply. No reply was filed and this application was allowed vide order dated 11/11/1991 "as prayed". Appellants claimed compensation of Rs. 28,000.00 vide this application and also stated that they were paying the additional court fee of Rs. 10,200.00 but which was not paid by them till date nor was any extension of time sought by them for making up deficiency of court fee.

(3.) Learned counsel for appellants Mr. Ramesh Chandra justified appellants claim for higher compensation of Rs. 28,000.00 per bigha on the basis of a Division Bench Judgment of this court in Jalil Ahmed Vs. Union of India (RFA 570/79 decided on 21/8/87) granting compensation of Rs. 15.000.00 per bigha for the adjacent land in the same village covered by the same notification dated 13/11/1959. He also prayed for compensation being granted in respect of field No. 192 measuring 2 bigha and 18 biswas which according to him was found in possession of appellants for three years entitling them to bhumidari rights under Delhi Land Reforms Act.