Sis Ram vs Union Of India
1979 Latest Caselaw 33 Del

JUDGMENT

F.S. Gill, J.

(1) Appeals Nos. 278, 401, 481 of 1969 arise from one and the same judgment passed by Shri M.R. Sikka, Additional District Judge, Delhi on 7.3. 1969. They will, therefore, be disposed of by this common judgment.

(2) For the Planned Development of Delhi 608 Bighas and I Biswa of land were acquired by the Government in Shahpur Jat Estate. Land in dispute also formed a part of the total acquired area. Notices under sections 9 and 10 were issued to the claimants who filed their respective claims. The Land Acquisition Collector gave his award bearing No. 1243 and assessed the compensation of the various fields by carying out two blocks, viz: A and B. For the land falling in Block A he assessed the compensation at Rs. 4.000.00 per Bigha, while for the land comprising Block B he assessed the same at Rs. 3,000.00 per Bigha.

(3) Aggrived from the said rate, of compensation assessed in the Award, Sis Ram and 21 others filed a reference under Section 18 of the Land Acquisition Act and claimed enhanced compensation at the rate of Rs. 50.00 per square yard. It was alleged that the Land Acquisition Collector had ignored the advantageous situation of the land in dispute, being its nearness of the new developed colonies. It has, therefore, great potential value for building sites. In reply Union of India stated that the rate of compensation granted by the Land Acquisition Collector was quite reasonable and that no enhancement was called for. Both the sides produced evidence in support of their respective as 1. Khasra No. 322 Rs. 10,000.00 per Bigha 2. Khasra Nos. 323/2,325, 306, 762/661/324 Rs. 9,000.00 per Bigha 3. Ksra Nos. 764/356, 765/356 and 766/356 Rs. 7,500.00 per Bigha 4. Khasra Nos. 285,287, 295, 658/296,660/296,659/296 and 310. Rs. 7.000.00 per Bigha 5. Khasra Nos. 288, 289, 290, 349, 292,864/339,869/351, 866/347, 868/351, 871/353 and 366. Rs. 6,500.00 per Bigha 6. Khasra Nos. 297, 358. Rs. 6.000.00 per Bigha 7. Khasra Nos. 371 and 372 Rs. 5,000.00 per Bigha 8. Khasra Nos. 426, 397, 398, 399/1,399/3,399/4, 400, 401, 436. Rs. 4,000.00 per Bigha 9. Khasra Nos, 294 & 468. No enhancement granted.

(4) Apart from the evaluation of the land in dispute as indicated above, the claimants were also granted solarium at 15% and interest at 6% per annum on the enhanced amount.

(5) Aggrieved from the said judgment of the Additional District Judge, two appeals have been filed. Appeal No. 278 of 1969 has been filed by Sis Ram and others, while appeal No. 481 of 1969 by Ram Chander and others. Union of India also filed R.F.A. No. 401 of 1969 against the claimants and alleged that the rate of compensation allowed by the learned Additional District Judge was not Justified and the rate of compensation as assessed by the Land Acquisition Collector be restored. All the three appeals have been argued together and will, therefore, be decided by this composite judgment.

(6) For the determination of the market value of the land in dispute on the the appointed date i.e. 13-11-59, the learned counsel for the appellants has mainly relied on the copy of the Judgment of Shri M.R. Sikka, Additional District Judge dated 31.7.68 (EX.A. 21) given in Land Acquisition Case No. 34 1965 (Risal Singh and others v. Union of India). Quite a large number of fields were the subject matter of enhancement in the said reference under Section 18 of the Land Acquisition Act. The land of EX.A. 21 was also situated in village Shahpur Jat. Apart from this, Section 4 notification of the land in dispute and that of the land of EX. A.21 was the same. ltwasF-15(iii)/59- Lsg, dated 13-11-59. Moreover, the compensation for the lands of both the cases was assessed by the Land Acquisition Collector in the same award viz. 1243. Thus the same rate of compensation for the lands falling in Block A and Block B was determined.

(7) A glance at the Aks-shajra Ex .R.15 will show that it will be highly unjustified to adhere to the blocks strictly. The price of each field has to be considered by taking into consideration one principal factor, namely nearness to the developed colony of Hauz Khas. Fields near the said Colony are admittedly better situated for a building site. The learned Additional District Judge has rightly ignored the blocks while deciding the reference of EX. A.21 and has determined the price according to the situation of the particular fields. In . the present case also, the learned lower court has followed the same process and criterion in assessing the market value of the various fields.

(8) We now proceed to scrutinise and determine the market values of the various fields by taking into account their proximity from the Hauz Khas Colony, nearness from the road or Raasta, if any, and also their nearness from the village Abadi.

(9) Khasra No. 325 This field touches Hauz Khas colony on the one side and Khasra No. 671/324 on the other. Khasra No. 671/324 was the subject matter of consideration in another reference No. 974 of 1962 (Ravi Brat Bedi v. Union of India) decided by the learned Additional District Judge on 1st April, 1964 (copy Ex. A. 10). Section 4 notification of this land was also issued on 13-11-59. The price of this field was assessed at Rs. 14,000.00 per Bigha. In the impugned judgment the price of Khasra No. 325 has been assessed at Rs. 9,000.00 per Bigha, whereas in the appeal the compensation is sought at Rs. 12,000.00 per Bigha. Considering the price of the adjoining fields as determined in Ex. A. 10, we find that the demand of Rs. 12i000.00 per Bigha is fully justified. So the compensation of this Khasra number is enhanced from Rs. 9000.00 to Rs.l2,000.00 per Bigha.

(10) Khasra No. 864/339 The trial court has fixed the compensation for this land at Rs. 6500.00 per Bigha. From the Aks-shajra EX.R.15, it is evident that this land also touches the Hauz Khas colony. No doubt a part of this land was the subject matter of dispute in EX.A. 21 and the compensation was fixed at Rs. 6500.00 per Bigha but we find that this finding is not correct as the field in dispute has preferencial situation because it touches the developed colony. The appellant has claimed enhancement from Rs. 6,500.00 to Rs. 9,000.00 . This claim for enhancement is fully justified. We accordingly assess the compensation of this field at Rs. 9,000.00 per Bigha. This would mean an increase of Rs. 2,500.00 per Bigha.

(11) Khasra Nos. 322,762/661/324, 323/2, 660/296, 658/296, 306, 871/353. Out of these fields, Khasra No. 322 has been assessed by the Additional District Judge at Rs. 10,000.00 per Bigha and for this land the claim now sought is at Rs. 12,000.00 per Bigha. Khasra Nos. 762/661/324, 323/2 and 306 have been assessed at Rs. 9000.00 per Bigha. Khasra Nos. 658/296, 660/296 have been assessed at Rs. 700 .00 par Bigha. Khasra No. 871/353 was assessed at Rs. 6500.00 per Bigha. From Aks-shajra EX. R 15 it will be noticed that these fields do not touch the developed Hauz Khas colony. They are, of course, very near to the said colony and about a 'Raasta'. They have, therefore, an approach. All these fields constitute small strips of land. Considering their nature and nearness to the developed colony. Rs. 10,000 per Bigha seems to bs a reasonable rate of compensation. Thus, no enhancement is called for so far as Khasra No. 322 is concerned but the market value of the other fields is enhanced to Rs. 10,000.00 per Bigha. In this way the appellants shall be entitled to a uniform rate of Rs. 10,000.00 per Bigha for all these fields. Enhancement is made accordingly.

(12) Khasra Nos. 290,287,288,289,94,292,295,285,358. These Khasra numbers are comparatively away from the Hauz Khas colony but are not very far off. Adjoining fields Nos. 283, 284, 286 and 293 were the subject matter of decision in an earlier judgment of the Additional District Judge. Copy of the judgment is EX. A.21. The market value of these Khasra numbers was assessed at Rs. 7000.00 per Bigha. The learned counsel for the appellants has relied on this instance. Considering the nearness to the developed colony and the 'Raasta', we feel that this assessment is on the lower side. In our view the reasonable market value of these Khasra numbers was Rs. 9000.00 per Bigha on the date of Section 4 notification. We, therefore, award this compensation.

(13) Khasra Nos. 764/356, 765/356, 766/356. This field abuts a road. In Land Acquisition Reference No. 525 of 1964(-B.L.. Sawhney-v. Union of India), Khasra No. 317, which is on the other side of the road, was the subject matter of enhancement. The Additional District Judge assessed the market value of this field at Rs. 9500.00 per Bigha (c.f. copy of judgment EX. A. 20). For Khasra No. 356 the learned lower court has allowed compensation at the rate of Rs. 7500.00 . The appellant has now claimed Rs. 9500.00 per Bigha for this field. We feel that this is a fair demand as this land is fully comparable with the land of Khasra No. 317. Moreover, this field is also near the abadi. So we enhance the compensation of field No. 356 from Rs. 7500.00 to Rs. 9500.00 per Bigha.

(14) Khasra Nos. 400, 399, 397, 398, 401, 436, 426 and 468 All these Khasra numbers are on the raasta and close to the village abadi. They can, therefore, be assessed at a uniform rate. The learned lower court has assessed the compensation of these Khasra Nos. except Khasra No. 468 at Rs. 4000.00 . However, no enhancement was allowed for Khasra number 468 as this field was a Johar. Although these fields are quite far away from the developed colony of Hauz Khas but they abut the 'raasta' and are near the village. In our view the market value of these Khasra numbers has been determined at a low rate. We assess their price at Rs. 5000.00 per Bigha on the date of Section 4 notification. Thus the compensation of these fields is enhanced from Rs. 4000.00 to Rs. 5000.00 per Bigha, except field No- 468 for which no enhancement is allowed.

(15) Khasra Nos. 372, 371, 868/351, 869/351, 866/349 The learned trial court has assessed the market value of Khasra Nos. 372, 371 at Rs. 5000.00 per Bigha whereas other Nos. have been assessed at Rs. 6500.00 on the basis of the instance, Ex. A. 21. We find that this land is comparatively nearer to the Hauz Khas colony than the lands for which we have assessed the compensation at Rs. 5000.00 per bigha. On account of their better situations we assess the market value of these Khasra numbers at Rs. 7000.00 per Bigha.

(16) As a result of the above findings, we accept appeals Nos. 278 of 1969 (Sis Ram & Others v. Union of India) and 481 of 1969 (Ram Chander & Others v. Union of India) in the terms indicated above. The appellants shall also be entitled to solarium and interest, apart from proportionate costs.

(17) We, however, find no merit in appeal No. 401 of 1969 (Union of India v. Sis Ram & Others) and dismiss the same with costs.