ORDER 1. The delay of 13 days in filing the special leave petition is condoned. This is a petition by the Delhi Development Authority (DDA) for setting aside the judgment dated 24-12-2010 of the learned Single Judge of the Delhi High Court whereby she fixed market value of the acquired land at the rate of Rs. 14,974 per square yard. 2. The proceedings for the acquisition of 12 bighas land belonging to Respondents 1 to 3 situated at a place, which is now known as Vasant Kunj, were initiated vide Notification dated 13-11-1959 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”). Civil Writ Petition No. 1134 of 1992 filed by Respondents 1 to 3 was allowed by the High Court and the acquisition proceedings were quashed with a direction that the land be restored to the writ petitioners. 3. The High Court also observed that if it was not possible to return the acquired land then alternative land measuring 12 bighas be handed over to the writ petitioners. 4. DDA neither returned the acquired land to Respondents 1 to 3 nor allotted alternative site to them. Instead, fresh acquisition proceedings were initiated vide Notification dated 19-2-1997. The Land Acquisition Collector passed Award dated 18-9-1998 whereby he determined market value of the acquired land at the rate of Rs. 10 lakhs per acre. The Reference Court rejected the prayer of Respondents 1 to 3 for redetermination of the market value of the acquired land and approved the award passed by the Land Acquisition Collector. Respondents 1 to 3 challenged the order of the Reference Court by filing an appeal under Section 54 of the Act, which was allowed by the learned Single Judge. 5. We have heard Shri A. Sharan, learned Senior Counsel and Major General Kapil Mehra, Respondent 1 who has appeared in person on caveat and perused the record.
Respondents 1 to 3 challenged the order of the Reference Court by filing an appeal under Section 54 of the Act, which was allowed by the learned Single Judge. 5. We have heard Shri A. Sharan, learned Senior Counsel and Major General Kapil Mehra, Respondent 1 who has appeared in person on caveat and perused the record. The learned Single Judge referred to affidavit dated 26-2-1997 filed by the Director (Land Management), DDA wherein the officer concerned categorically stated that the land in question was utilised in respect of a housing scheme known as Vasant Kunj Residential Scheme and noticed that in the layout plan of Vasant Kunj prepared in March 1987, the acquired land had been earmarked for higher secondary school/police station and held that market value of the acquired land could not have been determined by treating it as an agricultural land. The learned Single Judge also took cognizance of the lease deeds executed by the officers concerned of DDA and held that the Land Acquisition Officer was not justified in determining the market value of the acquired land at the rate of Rs 10 lakhs per acre. The conclusion recorded by the learned Single Judge on this issue reads as under: “Having regard to the categorical stand taken by DDA in its aforesaid affidavit, to the effect that the land in question was a part and parcel of the plans prepared in respect of Vasant Kunj Residential Scheme and was earmarked in the site plan for the purpose of building a police station and a higher secondary school and further, that it was not possible for DDA to return the possession of the land to the appellants, as it was part of a huge residential scheme which had already been completed by DDA, the inevitable conclusion is that the market value of the expropriated land could not have been determined by treating it as agricultural land.” 6. The learned Single Judge then referred to exemplars relied upon by Respondents 1 to 3 including the lease deeds executed by the petitioner and concluded that it would be just and reasonable to fix market value of the acquired land at the rate of Rs 14,974 per square yard. 7.
The learned Single Judge then referred to exemplars relied upon by Respondents 1 to 3 including the lease deeds executed by the petitioner and concluded that it would be just and reasonable to fix market value of the acquired land at the rate of Rs 14,974 per square yard. 7. In our view, the well-crafted and well-reasoned judgment of the learned Judge of the Delhi High Court does not suffer from any legal error and there is no merit in the petitioner's challenge to the same. 8. The special leave petition is, accordingly, dismissed with cost of Rs 1 lakh. For forcing unwarranted litigation upon Respondents 1 to 3, which they have suffered for almost two decades, the petitioner is saddled with costs of Rs 1 lakh. The balance amount payable to Respondents 1 to 3 shall be paid to them within a period of four weeks from today along with the cost.