BEHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment/decreedated 1.2.1974 of the learned Additional District Judge, Delhi by which he assessedthe market value of the land belonging to the appellants at the rate ofRs. 2100.00, Rs. 1400.00 and Rs. 1000.00 per bigha falling in Block A, B and Crespectively situated in the revenue estate of Village Mandawali Fazalpur. Thelearned trial Court dis-allowed the claim of the appellants in respect of landsfalling in Khasra Nos. 1116/713 (1-5), 1117/713 (0-11) and 714 (2-14), in all 4Bighas and 13 biswas on the ground that deceased Behari, of whom appellantsare the legal representatives, had not become bhoomidar of the aforesaidKhasra numbers. We have perused the impugned judgment. We are notinclined to agree with the reason given by learned ADJ. He does concede inthe judgment that in the Khasra Girdawari, Behari has been shown to be incultivatory possession of the aforesaid Khasra number after 1962-63. However,this presumption of possession, according to the learned Additional District Judge,stood rebutted because Behari seemed to have irrigated those fields from a wellsituated in Khasra No 1 119/716 which did not belong to him. We are of theview that the reason given by the learned Additional District Judge is not sufficientto rebut the presumption of Bhoomidari rights of Behari in those fields. Hewas shown to be in possession of those fields in the Khasra Girdawari. Noentry contrary to such possession emerged from any other documents likeKhatauni and, therefore, the conclusion drawn by learned Additional District Judgedoes not appear to be sufficient. In fact, Khasra girdawaris are always accepted in proof of possession of a certain person. We are, therefore, of the viewthat Behari had also acquired Bhumidari rights of the aforesaid three Khasranumbers measuring 4 bighas 13 biswas.

(2.) The lands belonging to the appellants are admittedly situated invillage Mandawali Fazalpur which were acquired by Delhi Administration forplanned development of Delhi by a final declaration under Section 6 of theLand Acquisition Act vide Notification No. F-4(71)/63-L & H dated 17.6.63and No. F-4(19)/65-L&H dated 18.3.66.

(3.) Following our judgment in RFA 311/74, namely Kesho Dass v.Union of India and Another, we hereby fix the market value for the land of theappellants in village Mandawali Fazalpur at the rate of Rs. 8064.00 per bighawithout observing any difference between various categories and Blocks of landsand grant compensation to the appellants in respect of their entire landsincluding 4 Bighas and 13 biswas which we have found above to be belongingto Behari as Bhoomidar. The appellants will also be entitled to solatium atthe rate of 15% of the said value of the land and interest at the rate of 6% perannum on the enhanced compensation from the date of their dls-possessiontill the date of payment.