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2001 DIGILAW 158 (DEL)

RAJ KUMAR v. UNION OF INDIA

2001-02-08

DEVENDER GUPTA, MUKUL MUDGAL

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Devinder Gupta ( 1 ) THESE appeals have been preferred under Section 54 of the Land Acquisition act, 1894 by the claimants seeking determination of the amount of compensation pay- able to them for acquisition of their property. ( 2 ) CLAIMANTS property situate in village Ladha Sarai, Delhi was acquired for planned Development of Delhi through notification issued under Section 4 (i) of the land Acquisition Act, 1894 (hereinafter referred to as the Act) on 13 tl. l959. It was followed by two declaration dated 7. 12. 1966 and 6. 1. 1969. For the first declaration cor- rigendums were issued on 23. 9. 1968, 23. 12. 1969 and 27. 3. 1970. Collector Land Ac- quisition also made different awards. Two awards were made on 28. 3. 1975, namely, award No. 27 and 28 of 1974/1975. Placing reliance upon the market rates of land of village Lado Sarai, the adjoining revenue estate the Collector offered compensation to the claimants @ Rs. 4,000. 00 per bigha for land falling in Block A and @ Rs, 1,500. 00 for land falling in Block B. Feeling dissatisfied the claimants sought reference. The reference court by the impugned awards dismissed the reference holding that the collector had properly assessed the amount of compensation payable to the claimants. The claimants have filed these two appeals seeking determination of the amount of compensation. ( 3 ) THE reference court while deciding the references placed reliance upon his earlier decision rendered in another reference for determination of the amount of compensation of land situate in village Ladha Sarai acquired through the same notification. For want of evidence the reference petition had been dismissed by the reference court holding that the determination of the amount of compensation by the collector is proper. The Claimant/appellant in RFA 445/84 has placed reliance upon earlier awards made by the reference courts with respect to determination of the amount of compensation payable for the adjoining revenue estates of Lado Sarai and mehrauli. Exhibits A-l and A-3 pertain to determination of compensation payable for land situate at village Lado Sarai, Delhi acquired for same public purpose under the same notification issued on 13. 11. 1959. In Exhibit A-l market value was assessed at rs. 6,500. 00 per bigha and in Exhibit A-3 market value was assessed at Rs. 7,000. 00 per; bigha. Exhibits A-l and A-3 pertain to determination of compensation payable for land situate at village Lado Sarai, Delhi acquired for same public purpose under the same notification issued on 13. 11. 1959. In Exhibit A-l market value was assessed at rs. 6,500. 00 per bigha and in Exhibit A-3 market value was assessed at Rs. 7,000. 00 per; bigha. The land was acquired for the same public purpose through the same notifica- tion. Exhibit A-2 pertains to the determination of amount of compensation with respect to land situate at village Mehrauli in which market value was assessed at Rs. 11,000. 00 per bigha but in the said village the acquisition took place through a sub- sequent notification issued on 30. 11. 1960. As such Exhibit A-2 is not a relevant piece of evidence to enable us to determine the amount of compensation. Village Mehrauli is located towards South of New Delhi. This Court is Nand Kishore v, Union of India, rfa 186/86 decided on 17. 4. 98 determined the amount of compensation payable for lands situate at village Mehrauli acquired through five separate notifications issued between 13. 11. 1959 to 21. 11. 1978. For the acquisitions which had taken place through- notification dated 13. 11. 1959 issued under-Section 4 (1) of the Act for same purpose market rate was assessed at Rs. 10,000. 00 per bigha. In a subsequent decision in Basil ram v. Union of India, RFA 55/82 decided on 25. 11. 1999 a Division Bench of this court made determination of the amount of compensation with respect to land situate at village Lado Sarai acquired for the same public purpose through the same notifica- tion issued under Section 4 (1) of the Act on 13. 11. 1959. Decision of this Court in Nand kishore (Supra) was also referred to in Basti Ram s case wherein comparison was made to the land situate at village Lado Sarai with similar land situate at village Mch- rauli and Adchini and on such comparison it was held that the land situate at village lado Sarai had better location and potentially than the land situate at village Mehrauli and consequently market value was assessed at Rs. 12,500. 00 per bigha. 12,500. 00 per bigha. ( 4 ) COLLECTOR Land Acquisition in the awards by which compensation was offered to the appellants observed that the lands which were acquired in village Ladha Sarai were nearer to the adjoining revenue estate of Lado Sarai. By the general notification which was issued under Section 4 (1) of the Act on 13. 11. 1959 considerable land situate in a large number of revenue estates adjoining Lado Sarai was acquired. Besides Meh- rauli and Adchini land was also acquired in village Ladha Sarai. When the Collector himself held that the land situate in Village Lado Sarai was equalvalent to the land of ladha Sarai and proceeded to offer compensation on that basis that the land situate at village Ladha Sarai was about a furlong towards Qutab, Delhi there is no need for us to make fresh comparison of the acquired land situate at village Ladha Sarai with that of Mehrauli. There is also no reason that why in this case the decision in Basti Ram s case (supra) be not made basis for determination of compensation. ( 5 ) ACCORDINGLY the impugned awards are modified. The appeals arc allowed with proportionate costs holding the claimants entitled to compensation @ Rs. 12,500. 00 per bigha. Claimants in RFA 445/84, in addition to the market value of land will be paid solatium @ 30% and interest on the enhanced market value 9% p. a. for a period of one year from the date of Collector taking possession and thereafter @ 15% p. a. till payment. The claimant in RFA 569/79, in addition to the enhanced market value will be paid solatium @ 15% and interest @ 6% p. a. from the date of Collector taking pos- session till payment. Claimants in both appeals will also be entitled to interest under section 4 (3) of Land Acquisition (Amendment. and Validation) Act, 1967 for the period from the date of expiry of three years of the date of notification issued under section 4 (1) of the Act to the date on which amount of compensation was tendered or paid under the award of the Collector. ( 6 ) IN case in a pending reference in the Supreme Court interest in held payable on solatium, the claimants will also be paid interest on solatium. ( 6 ) IN case in a pending reference in the Supreme Court interest in held payable on solatium, the claimants will also be paid interest on solatium. Decree will be drawn on the claimants making good deficiency in court fee, if any, within a period of four weeks from today.