C. BHAGIRATHAMMA v. UNION OF INDIA — 1987 DIGILAW 189 (DEL)

S. S. Chadha,j. ( 1 ) R. F. A. 60/73 is directed against the judgment dated 21/10/1972 determining the compensation for the acquired land at therate of Rs. 18. 00per sq. yd. The Delhi Administration vide notification dated 13/11/1959 issued under Section 4 of the Land Acquisition Act, 1894and the declaration dated 5/09/1964 under Section 6 of the Act notifiedthe land for acquisition for a public purpose, namely, for planned developmentof Delhi. The Land Acquisition Collector made his award No 1960 announced on 28/03/1967 acquiring the land in Village Kilokari in Khasra No. 1127/328 measuring 2bighas. The Land Acquisition Collector assessed themarket value of the land in dispute by placing it in Block A at the rate ofrs. 4,000. 00 per bigha. Being aggrieved, the appellant made a petition undersection 18 of the Act for determination of the compensation by the Court. ( 2 ) THE reference was entrusted to the Court of Shri O. N. Vohra, Addl. District Judge, Delhi. The learned Additional District Judge considered the saletransaction evidenced by Exs. A-1 and A-2 but scaled down the auction priceof 10/12/1958 at the rate of Rs. 45,650. 00 to Rs. 34,237. 50 for 2 bighasor from Rs. 22. 825. 00 to Rs. 17,118. 75 per bigha and determined the compensation by appreciating the sale price by Re. per sq. yd. at the time of issue ofnotification under Section 4tors. 18. 00persq. yd. In the appeal, the claimmade is for enhancement of the compensation and for fixing it at Rs. 30. 00 persq. yd. ( 3 ) IN Chand Behari v. Union of India, R. F. As-381 and 382 of 1970,decided on 8/03/1984, this Court has fixed the market value of the land invillage Kilokari at Rs. 26,000. 00 per bigha. In that case, the notification undersection 4 of the Act was issued on 13/11/1959. The area of the acquired land in that case was I bigha 2 biswas. Taking this decision as a guide, weconsider that the market value of the acquired land should be Rs. 26,000. 00 perbigha. ( 4 ) ACCORDINGLY, the appeal is partly allowed. We award compensationto the owners at the rate of Rs. 26,000. 00 per bigha. Whatever has been paidwill be deducted. Taking this decision as a guide, weconsider that the market value of the acquired land should be Rs. 26,000. 00 perbigha. ( 4 ) ACCORDINGLY, the appeal is partly allowed. We award compensationto the owners at the rate of Rs. 26,000. 00 per bigha. Whatever has been paidwill be deducted. The appellant will also be entitled to interest at the rate of6% per annum on the market value of the land under Section 4 (3) of the Landacquisition (Amendment and Validation) Act, 1967 provided there is no overlapping in the payment of interest under Section 28 of the Act and Section 4 (3)of the Amending Act. In addition to the market value calculated at the rateof Rs. 26,000. 00 per bigha. the appellant will be entitled to solatium at the rateof 15^ and interest at the rate of 6% per annum from the date of taking overthe possession till the date of deposit of the enhanced amount of compensationso far as the entitlement of the appellant to the additional amount in terms ofsection 23 (1 A) at the rate of l2/o, solatium at the rate of 30% on the marketvalue under the Amendment Act 68 of 1984 and interest at the rate of 9% perannum for a period of one year from the taking over of possession and thereafter 15% on the enhanced compensation till payment is concerned, we are informed that these questions have been referred to a larger bench of the Supremecourt and the judgment has been reserved. If and when the judgment is delivered in the matter and if the appellant is found to be entitled to the increasedamount, solatium, interest or additional amount, he will be entitled to receivethe same from the Land Acquisition Collector in accordance with law. Theappellant is also awarded proportionate costs of the appeal. R. F. As. 161 and 162 of 1975 and 429 of 1976 ( 5 ) THE appellant seeks the setting aside of the enhancement of the Add ). District Judge at the rate of Rs. 13. 000. 00. R. F. A. 449/76 similarly seeks thesetting aside of the determination of compensation by the Additional District Judgeat the rate of Rs. 12,000. 00 per bigha and for restoration of the award by theland Acquisition Collector. District Judge at the rate of Rs. 13. 000. 00. R. F. A. 449/76 similarly seeks thesetting aside of the determination of compensation by the Additional District Judgeat the rate of Rs. 12,000. 00 per bigha and for restoration of the award by theland Acquisition Collector. The lands in these appeals also relate to Villagekilokari and were acquired in pursuance of the notification dated 13/11/1959 under Section 4 of the Land Acquisition Act, 1894. In view of the determination in R. F. A. 60/73, the appeals fails and are hereby dismissed with noorder as to costs. ( 6 ) R. F. A. 24 of 1971 seeks the setting aside of the compensation determined by the Additional District Judge at the rate of Rs. 15,075. 00 per bigha inrespect of the land in Village Kilokari. The land was acquired in pursuance ofthe notification dated 16/05/1961 issued under Section 4 of the Act. In viewof the determination of the market value of the land in R. F. A. 60/73 at therate of Rs. 26. 000. 00 per bigha, the appeal fails and is dismissed with no other asto costs.