Abdul Jalil And Anr. vs Union Of India
1987 Latest Caselaw 386 Del

JUDGMENT

S.S. Chadha, J.

(1) We will dispose of these two R.F.As. and one civil revision by one common judgment even though they arise out of two different notifications : one dated October 3, 1962 and the other dated February 24, 1965 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act).

(2) The land of the appellants along with others' land was notified for acquisition for a public purpose, namely, for the planned development of Delhi by notification dated October 3, 1962 issued under Section 4 of the Act. A declaration under Section 6 of the Act was made vide notification dated December 12, 1962. The land of the appellants bearing khasra No. 379 measuring 2 biswas and khasra No. 613/590/381/2 measuring 34 bighas and 16 biswas of village Malikpur Chhawani was acquired under this notification. The Land Acquisition Collector by his award No. 1589 offered compensation for the acquired land at the rate of Rs. 4,000.00 per bigha. On a reference under Section 18 of the Act, Shri Harkishan Malik, the then Add). District Judge, Delhi vide his judgment under appeal (R.F.A. 18/78) dated September 2, 1977 determined the market value of the land at the rate of Rs. 7,000.00 per bigha.

(3) 11 bighas and 6 biswas of land comprising khasra Nos. 377, 378, 308, 613/590/381/2 in village Malikpur Chhawani, Delhi,was acquired in pursuance of the second notification dated February 24, 1965 issued under Section 4 of the Act under Award No. 30/74-75. The Land Acquisition Collector offered the compensation for the acquired land at the rate of Rs. 4,500.00 per bigha. On a reference under Section 18 of the Act, Shri B.B. Gupta, Addl. District Judge determined the market value of the acquired land at the rate of Rs. 22,000.00 per bigha.

(4) The land of the appellants is situated between the G.T. Road and the Delhi Ambala Railway line and lies just to the South of Ajudhia Textile Mills. The land abuts on the G.T. Road. A part of some fields was acquired under the first award and the remaining part was acquired under the second award. Shri Malik, Add.l. District Judge referred to the judgment. Ex. A-1 in L.A.C. No. Iii of 1969 which dealt with an area of land measuring 36 bighas and 13 biswas and is situate on the Mall Road on the side opposite to the Model Town. Alpana Cinema of Model Town is also situated not far from that land. The learned Addl. District Judge determined the compensation in that case at the rate of Rs. 18.000.00 per bigha on the basis of sale transactions in Model Town. The relevant notification in that cases is dated November 13, 1959. Shri Malik, Addl. District Judge then observed that "the intrinsic value this land is at par with that of the petitioners' land but as a matter of fact this land has also been grossly over assessed by linking it to Model Town and that too in a wrong manner". He also rejected other sale deeds and judgments with similar observations and his personal knowledge,

(5) Mr. Abdul Jalil, Advocate, appellant in person is right in criticising the judgment of Shri Malik that he arrogated to himself the supervisory, revisional or appellate powers over the judgment delivered by various Additional District Judges, Courts of coordinate jurisdiction and even the High Court. He is also right that Shri Malik had relied upon his personal knowledge in expressing " over assessed" or "grossly over assessed" in respect of several instances of sale brought on the record. Since the Officer has retired, we wish to make no observations about his conduct. His reasoning based on personal knowledge is wholly unsustainable in law. We are left to determine the market value of the land on the basis of the evidence placed on the record.

(6) Before Shri Malik, the claimants had relied upon the judgment, Ex. A-1 in L.A.C. No. Ill of 1969 wherein the market value of the acquired land was determined at the rate of Rs. 18.000.00 per bigha on the basis of the hypothetical building schemes. That judgment in L.A.C. No. Ill of 1969 dated October 10, 1969 was subject matter of an appeal in this Court, being R.F.A. No. 33 of 1970. That appeal has been allowed and the market value of the acquired land has been determined at the rate of Rs. 30.000.00 per bigha.

(7) We accept the finding of the Addl. District Judge that the intrinsic value of the land in L.A.C. No. Ill of 1969 (R.F.A. No. 33 of 1970) is almost at par with that of the appellants' land. There is, however, one significant peculiarity in the situation of the two lands. The land in that case had a vast frontage on the main Delhi-Karnal Road National Highway No. 1. It had a potential for a commercial site and for that reason the market value was determined on the basis of commercial-cum-residential complex. The average rate of shop plots was considered as Rs. 65.62 per sq. yard and for residential plots the average rate was considered as Rs. 40.77 per sq. yard in the round figure as Rs. 40.00 . There is no evidence on the record in this case to show whether the land of the appellants was suitable as a residential-cum-commercial complex. There is no evidence of the extent of the frontage on the G.T. Road in respect of the land in dispute. It would, therefore be safe to assess the market value of the land treating it on the basis of a hypothetical residential complex.

(8) The market value of the land in dispute calculated as under :-

1. Total plot table area, say -1,000 sq. yds. 2. Open spaces -363 sq. yds. 3. Plotted area -637 sq. yds. 4. Price of 637 sq. yds. at the rate of Rs. 40.00 per sq. yard. -Rs. 25, 480.00 5. Development charges at the rate of Rs. 4.00 per sq. yard on the plotted area. -Rs. 2,548.00 6. Miscellaneous charges on account of brokerage, administration, interest on investment, time and money spent in obtaining the scheme approved at the rate of Rs. 2.00 per sq. yard on the plotted area. -Rs. 1,274.00 7. Net price of 1,000 sq. yds. plot table area (Rs. 25,480.00 Rs, 3,822.00 ). -Rs. 21,658.00 8. Rate per sq. yard -Rs. 21.65

(9) The value of the land thus comes to Rs. 22.000.00 per bigha in round figure. This market value has been assessed on the basis of sale instances as were prevailing in the year 1959-60.

(10) In R.F.A. No. 26 of 1969- "Mohan Lal Goela V. Union of India", decided on April 29, 1987, the land involved was of village Rajpur Chhawani and was acquired in pursuance of the notification dated November 13, 1959. The market value was determined at .the rate of Rs. 18,000.00 per bigha. The village Rajpur Chhawani and village Malikpur Chhawani are two contiguous villages. Therefore, this assessment of the land in Malikpur Chhawani which abuts on the G.T. Road at the rate of Rs. 22.000.00 per bigha in 1959-60 is comparable and reasonable.

(11) The date of notification in R.F.A. No. 18 of 1978 is dated October 3, 1962. We allow an appreciation of Rs. 2.000.00 for two years. In the net result, the market value of the land in R.F.A. No. 18 of 1978 is assessed at Rs. 24,000.00 per bigha.

(12) In R.F.A. No. 152 of 1982 the date of Section 4 notification is dated February 24, 1965. We allow the further increase of Rs.2,000.00 per bigha and assess the market value of the acquired land at the rate of Rs. 26.000.00 per bigha. C.R.No. 673/83

(13) In C.R. No. 673 of 1983 the challenge is made to the decision dated October 30, 1982 of Shri B.B. Gupta, Addl. District Judge, Delhi holding that the Claimants are not entitled to interest for the period of stay i.e. from June 4, 1977 to August 26, 1980.

(14) Shri Harkishan Malik, Addl. District Judge by order dated September 2, 1977 held that the period between May 4, 1964 to August 25, 1970 during which the proceedings remained stayed is to be excluded in calculating the interest. This Court has taken the view in Revision Application No. 294 of 1979 "Union of India V. M/s. The Birla Cotton Spinning and Weaving Mills Ltd, decided on September 19, 1979, R.F.A. No. 322 of 1980, "Sh, Ratti Ram and others V. Union of India", decided on August 29, 1980 and R.F.A. No. 242 of 1976, "Union of India V. Shri HakumatDevi Charan Topakhana Wala Dharmarth Trust", decided on August 25, 1983 that the interest for this period is also to be allowed.

(15) We accordingly award interest at the rate of 6% per annum for the period which it was disallowed by the respective Addl. District Judges.

(16) In addition to the market value calculated, the appellants will be entitled to solarium at the rate of 15%, 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 appellants to the additional amount in terms of Section 23(IA) at the rate of 12%, solarium at the rate of 30% on the market value under the Amendment Act 68 of 1984 and interest at the rate of 9% per annum 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 Supreme Court and the judgment has been reserved. If and when the judgment is delivered in the matter and if the appellants are found to be entitled to the increased amount, solarium, interest or additional amount, they will be entitled to receive the same from the Land Acquisition Collector in accordance with law. The appellants are also awarded proportionate costs of the appeal.