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1991 DIGILAW 125 (DEL)

TEKA (DECEASED) v. UNION OF INDIA

1991-02-22

A.D.SINGH, LEELA SETH

body1991
Anil Dev Singh ( 1 ) THIS judgment will dispose of seven appeals beingr. F. A. Nos. 43 to 49 of 1971 arising out of the award of the learned Additionaldistrict Judge dated 2/09/1970 in L. A. C. No. 216 of 1966. ( 2 ) THE land belonging to the appellants situate in village Ber Seraicame to be acquired for the planned development of Delhi. A notificationunder Section 4 of the Land Acquisition Act, 1894 was issued on 1 3/11/1959 and declaration under Section 6 was published on 6/01/1964. Thereafter, notices were issued under Section 9 and ultimately the Landacquisition Collector made his award on 9/12/1964 grantingrs. 2. 000. 00 per bigha as compensation. On matter being carried in referenceunder Section 18, the Additional District Judge, Delhi by his award dated 1 1/03/1970 enhanced the compensation from Rs. 2,000. 00 per bigha tors. 4. 500. 00 per bigha. The appellants, not being satisfied with the amount ofcompensation awarded in their favour, have filed this appeal. ( 3 ) THIS Court in Kanahya and others v. The Collector, Delhi, RFA 51of 1971 awarded Rs. 12,000. 00 per bigha for the land situate in the same village,which was acquired in pursuance of notification under Section 4 of the Actdated 24/10/1961. The notification in the instant case was issued in1959. Therefore, there is a gap of two years between the notification issued inthe present case and the notification pertaining to land, which was the subjectmatter of RFA 51/71. Obviously market value of land fixed by the Court in1961 cannot be awarded for the land notified in 1959. While deciding RFA51/71, this Court relied upon the judgment, rendered in Mir Singh v. Union ofindia, RFA No. 173 of 1967 decided on 25/07/1984. This case pertainedto land in village Munirka for which the notification under Section 4 of theact was issued on 24/10/1961. ( 4 ) IN Mr. Justice A. N. Bhandari and others v. Union of India and another,lpa No. 81 of 1979, which also pertained to village Munirka, this Courtassessed Rs. 10,000. 00 per bigha as market value of the land, which wasacquired pursuant to notification under Section 4 dated 8/03/1957. ( 5 ) CONSEQUENTLY, we are of the view that a just and fair market valuefor the land acquired in this case would be Rs. 11,000. 00 per bigha. 10,000. 00 per bigha as market value of the land, which wasacquired pursuant to notification under Section 4 dated 8/03/1957. ( 5 ) CONSEQUENTLY, we are of the view that a just and fair market valuefor the land acquired in this case would be Rs. 11,000. 00 per bigha. We accordingly fix that to be the market value of the land to which the appellants wouldbe entitled. ( 6 ) IN addition the appellants will be entitled to solatium at the rate of15 per cent on the market value of the land and interest at the rate of 6 percent per annum from the date of taking possession of the land by the Collectorto the date of payment into Court of the amount in excess of the sum which thecollector awarded as compensation. ( 7 ) THIS apart, since there is a difference of more than three yearsbetween the notification under Section 4 and the declaration under Section 6 ofthe Act, the appellants will also be entitled to interest at the rate of 6 per centper 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 Amendment Act of 1967. ( 8 ) THE appellants are entitled to proportionate costs.