TMI Blog1997 (4) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... rom time to time, upto a maximum period of 99 years. Since the land was required for acquisition, notice was issued on July 23, 1960 terminating the tenancy of the respondent. The respondent filed an appeal before the Additional District Judge who held that the lease still . subsisted and, therefore, the respondent could not be evicted. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the 'Act') was published on February 17, 1967 acquiring the land for planned development of the City of Delhi. The Land Acquisition Officer gave his award on June 6, 1967 determining the compensation @ ₹ 4, 000 per bigha. On reference, the Additional District Judge, by his award and decree dated 2.11.1973 enhanced the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t had terminated the tenancy, on appeal, it was restored. Thereafter, they remained in possession as tenant. The appellant initiated the acquisition under the Land Acquisition Act, though the covenant in the lease deed provided the right of dispossession and for taking possession for public purpose. In view of the fact that the order become final and the possession was not taken, pursuant to the termination of the tenancy, and since the acquisition was initiated under the Act, the respondent is entitled- to the payment of the compensation. The right of tenancy is a right under which a tenant is entitled to enjoy the possessory title and enjoyment of the teased land subject to covenants relating to ejection after due determination of tenancy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the tenant is entitled to the total compensation and the landlord is not entitled to any compensation. In view of the fact that the appellant is challenging the apportionment, we think that 60% of the compensation to the tenant would be justified. The Court is required to take into consideration relevant factors, viz., the duration of the lease, the nature of the right to enjoyment of the lease-hold interest and the improvements the tenant made on the land etc. It is equally settled law that if the Government is the owner of the land, before initiating the acquisition, it is entitled to terminate the lease and take possession of the lands b terms of the lease. Necessarily, in the above case tenant cannot have any right to compensation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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