C. Bhagirathamma vs Union Of India And Anr.
1987 Latest Caselaw 245 Del

JUDGMENT

S.S. Chadha, J.

(1) R.F.A. 60/73 is directed against the judgment dated 21/10/1972 determining the compensation for the acquired land at the rate of Rs. 18.00per sq. yd. The Delhi Administration vide notification dated 13/11/1959 issued under Section 4 of the Land Acquisition Act, 1894and the declaration dated 5/09/1964 under Section 6 of the Act notified the land for acquisition for a public purpose, namely, for planned development of Delhi. The Land Acquisition Collector made his award No 1960 announced on 28/03/1967 acquiring the land in Village Kilokari in Khasra No.1127/328 measuring 2bighas. The Land Acquisition Collector assessed the market value of the land in dispute by placing it in Block A at the rate ofRs. 4,000.00 per bigha. Being aggrieved, the appellant made a petition under Section 18 of the Act for determination of the compensation by the Court.

(2) The reference was entrusted to the Court of Shri O. N. Vohra, Addl.District Judge, Delhi. The learned Additional District Judge considered the sale transaction evidenced by Exs. A-1 and A-2 but scaled down the auction price of 10/12/1958 at the rate of Rs. 45,650.00 to Rs. 34,237.50 for 2 bighas or from Rs. 22.825.00 to Rs. 17,118.75 per bigha and determined the compensation by appreciating the sale price by Re.per sq.yd.at the time of issue of notification under Section 4 tors.18.00persq.yd. In the appeal, the claimmade is for enhancement of the compensation and for fixing it at Rs. 30.00 persq. yd.

(3) In Chand Behari v. Union of India, R.F.As-381 and 382 of 1970,decided on 8/03/1984, this Court has fixed the market value of the land inVillage Kilokari at Rs. 26,000.00 per bigha. In that case, the notification under section 4 of the Act was issued on 13/11/1959. The area of the acquired land in that case was I bigha 2 biswas. Taking this decision as a guide, we consider that the market value of the acquired land should be Rs. 26,000.00 perbigha.

(4) Accordingly, the appeal is partly allowed. We award compensation to the owners at the rate of Rs. 26,000.00 per bigha. Whatever has been paid will be deducted. The appellant will also be entitled to interest at the rate of6% per annum on the market value of the land under Section 4(3) of the Land Acquisition (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 Amending Act. In addition to the market value calculated at the rate of Rs. 26,000.00 per bigha. the appellant will be entitled to solarium at the rateof 15ø^ and interest at the rate of 6% per annum from the date of taking over the possession till the date of deposit of the enhanced amount of compensation So far as the entitlement of the appellant to the additional amount in terms of Section 23(1A) at the rate of l2ø/o, solarium at the rate of 30% on the market value under the Amendment Act 68 of 1984 and interest at the rate of 9% perannum for a period of one year from the taking over of possession and thereafter 15% on the enhanced compensation till payment is concerned, we are informed that these questions have been referred to a larger bench of the SupremeCourt and the judgment has been reserved. If and when the judgment is delivered in the matter and if the appellant is found to be entitled to the increasedamount, solarium, interest or additional amount, he will be entitled to receive the same from the Land Acquisition Collector in accordance with law. The appellant is also awarded proportionate costs of the appeal.R.F.As. 161 and 162 of 1975 & 429 of 1976

(5) The appellant seeks the setting aside of the enhancement of the Add).District Judge at the rate of Rs. 13.000.00. R.F.A. 449/76 similarly seeks the setting aside of the determination of compensation by the Additional District Judge at the rate of Rs. 12,000.00 per bigha and for restoration of the award by theLand Acquisition Collector. The lands in these appeals also relate to VillageKilokari and were acquired in pursuance of the notification dated 13/11/1959 under Section 4 of the Land Acquisition Act, 1894. In view of the determination in R.F.A. 60/73, the appeals fails and are hereby dismissed with no order as to costs.

(6) R.F.A. 24 of 1971 seeks the setting aside of the compensation determined by the Additional District Judge at the rate of Rs.15,075.00 per bigha in respect of the land in Village Kilokari. The land was acquired in pursuance of the notification dated 16/05/1961 issued under Section 4 of the Act. In view of the determination of the market value of the land in R.F.A. 60/73 at therate of Rs. 26.000.00 per bigha, the appeal fails and is dismissed with no other as to costs.