Mr. Gokal Chand Mital. C. J. ( 1 ) BY a notification under Section 4 ofthe Land Acquisition Act, 1894 published on 27/07/1984 the Delhiadministration acquired 2123 bighas and 5 biswas of land in village Samepurfor planned development of Delhi, in particular for setting up an industrialestate. The Land Acquisition Collector awarded compensation for thelevelled land at the rate of Rs. 17,000. 00 per bigha and the land in depressionout of which earth had been. removed for preparing bricks or where therewere brick kilns, awarded Rs. 13,000. 00per bigha. Feeling dissatisfied, theclaimants sought references. Some of the references came up forconsideration before Sh. T. S. Oberoi. Additional District Judge, who byjudgment dated 17/10/1988. enchanced the compensation for thelevelled land to Rs. 25,000. 00 per bigha. For the land in depression,references came up for consideration before different Additional Districtjudges who awarded either Rs. 21,000. 00 or Rs. 22,000. 00 per bigha for suchland. ( 2 ) STILL feeling dissatisfied, the claimants have approcahed this Court. Since all these appeals arise out of the same award and common questionsarise, this judgment will dispose of R. F. A. Nos. 17/89, 18/89, 19/89,26/89, 27/89, 28/89, 29/89. 74/89, 75/89, 79/89, 89/89, 90/89, 91/89,123/89, 124/89, 132/89, 133/89, 134/89, 525/89, 526/89, 528/89,548/89, 551/89, 552/89, 575/89, 577/89, 581/89, 582/89, 583/89, 601/89,619/89, 622/89, 669/89, 670/89, 75/90, 76/90, 77/90, 78/90, 79/90, 80/90,81/90, 82/90, 83/90, 84/90, 85/90, 86/90, 87/90, 88/90, 89/90, 101/90,102/90, 103/90, 112/90, 119/90, 122/90. 123/^0, 140/90, 145/90, 146/90,155/90, 165/90, 173/90, 174/90, 187/90, 192/90, 193/90, 194/90, 195/90,196/90, 197/90, 198/90, 199/90, 200/90, 201/90, 202/90, 203/90, 204/90,205/90, 207/90, 227/90, 238/90,239/90, 250/90, 257/90, 258/90, 259/90,260/90,261/90,262/90,263/90,267/90, 271/90, 272/90, 273/90,274/90,275/90, 276/90, 277/90, 278/90, 337/90, 346/90, 355/90, 356/90, 357/90,358/90, 359/90, 360/90, 361/90, 425/90, 426/90, 433/90, 434/90, 443/90,444/90, 450/90, 460/90. 461/90, 462/90, 478/90, 479/90, 491/90, 493/90,494/90, 508/90, 536/90. 537/90. 612/90, 621/90, 622/90, 623/90, 624/90,026/90, 682/90, 701/90, 707/90, 714/90, 756/90, 820/90, 821/90, 837/90,846/90. 88/91, 99/91, 100/91, 132/91, 133/91, 135/91, 155/91, 156/91,157/91. 167/91 176/91, 182/91, 203/91, 204/91, 219/91, 235/91, 237/91,258/91, 323/91, 341/91, and 345/91. ( 3 ) IT cannot be disputed that the acquired land had gained potentialfor urban and industrial purposes at the time, the acquisition was made andthe same position stands, reflected in the sale instances near about the dateof acquisition.
88/91, 99/91, 100/91, 132/91, 133/91, 135/91, 155/91, 156/91,157/91. 167/91 176/91, 182/91, 203/91, 204/91, 219/91, 235/91, 237/91,258/91, 323/91, 341/91, and 345/91. ( 3 ) IT cannot be disputed that the acquired land had gained potentialfor urban and industrial purposes at the time, the acquisition was made andthe same position stands, reflected in the sale instances near about the dateof acquisition. On behalf of the claimants, reliance is placed on thefollowing sale instances:a-5 Judgment of the High Court dated 12/12/1984relating to village Badli in regard to acquisitions dated 24/10/1961 and 4/03/1963 for planned development of Delhi, inwhich for 1961 acquisition, Rs. 7000. 00 per bigha and for 1963acquisition Rs. 8. 000. 00 per bigha was awarded. AA-13 Judgment of the Additional District Judge relating tovillage Pipalthala in regard to acquisition made on 13/06/1980 for the planned development in which Rs. 34,000. 00 per bighawas awarded. ( 4 ) ON behalf of the Union of India, reliance is placed on the following instance. R-1 Award of the Collector relating to acquisition dated 26/03/1983 in village Samepur tor an Engineering College for which Rs. 13,000. 00 per bigha was awarded. ( 5 ) AS regards instance R-1, the award of the Land Acquisitioncollector, besides the acquisition is 16 months earlier to the presentacquisition and the matter is pending consideration before the Additionaldistrict Judge in reference. That would hardly give a guide for determiningthe market value on the date of acquisition involved in these appeals,particularly when we have sale instances. ( 6 ) NORMALLY, we would have discussed all the sale instances reliedon behalf of the claimants, since they are only asking for compensation atthe rate of Rs. 50,000. 00 per bigha, which seems to be reasonable, in view ofthe instances relied upon by them, detailed, discussion is not necessary onthe peculiar facts of this case, except observing that under Annexure A-4 theprice fetched is at the rate of Rs. 96,000. 00 per bigha and vide A-1 and A-2,the price fetched was Rs. 25. 000. 00 or Rs. 20,000. 00 per bigha. ( 7 ) ADVERTING to the instances of the claimants, we are of the viewthat it would be just and proper to fix the market price for the levelled landat Rs. 50,000. 00 per bigha. In some of the appeals, the market price hasbeen claimed at Rs. 50,000. 00 per bigha and this is the maximum amountclaimed in bunch of these appeals.
50,000. 00 per bigha. In some of the appeals, the market price hasbeen claimed at Rs. 50,000. 00 per bigha and this is the maximum amountclaimed in bunch of these appeals. In some other appeals, the claimantshave sought amendment of the grounds of appeal to claim market price atthe rate of Rs. 50,000. 00 per bigha and they sought time to make good thecourt-fees. Yet in some other appeals, the claimants have not filedapplications for amendment for grounds of appeal but during argumentsclaimed compensation at the tate of Rs. 50,000/. per bigha althoughcourt-fee paid is on much lesser amount. Therefore, keeping all these factsin view, that even claimants are not wanting a market price of more thanrs. 50,000. 00 per bigha, we order that the claimants would be entitled tomarket price of Rs. 50,000. 00 per biglia for the levelled land. ( 8 ) AS regards the land which is in depression, i. e. under brick kilns,the same value cannot be awarded. In order to bring the land in same level,filling has to be done. Accordingly, we fix the market price of the land indepresssion at Rs. 45,000. 00 per bigha ( 9 ) THE claimants would be entitled to solatium at the rate of 30 percent of the market price, they. would also he entitled to interest at the rateof 9 per cent per annum for the first year i. e. from the date of taking ofpossession and at the rate of 15 per cent per annum thereafter till payment. The claimants would also be entitled to additional amount of 12 per centfrom the date of publication of notification under Section 4 of the Act tilltaxing of possession. ( 10 ) THE applications filed by tlie claimants to seek amendment of thegrounds of appeal to claim compensation at the rate of Rs. 50,000. 00 per bighaand for payment of Court-fees are allowed and they are directed to pay thecourt-fees within two months from today. Wherever the Court-fees havealready been paid along with the applications, those applications also standallowed. In cases wherever claimants have not asked for amendment of thegrounds of appeal to claim compensation at the rate awarded by us today,those claimants are also allowed time to make good the Court-fees with intwo months from today. ( 11 ) THE appeals, other than R. F. A. 548 of 1989 stand allowed asindicated above, with costs.
In cases wherever claimants have not asked for amendment of thegrounds of appeal to claim compensation at the rate awarded by us today,those claimants are also allowed time to make good the Court-fees with intwo months from today. ( 11 ) THE appeals, other than R. F. A. 548 of 1989 stand allowed asindicated above, with costs. R. F. A. 548 of 1989, which is an appeal bythe Union of India is dismissed.