Behari And Ors. vs Union Of India Etc.
1992 Latest Caselaw 337 Del

JUDGMENT

R.L. Gupta, J.

(1) This appeal is directed against the judgment/decree dated 1.2.1974 of the learned Additional District Judge, Delhi by which he assessed the market value of the land belonging to the appellants at the rate ofRs. 2100.00, Rs. 1400.00 and Rs. 1000.00 per bigha falling in Block A, B and C respectively situated in the revenue estate of Village Mandawali Fazalpur. The learned trial Court disallowed the claim of the appellants in respect of lands falling in Khasra Nos. 1116/713 (1-5), 1117/713 (0-11) and 714 (2-14), in all 4Bighas and 13 biswas on the ground that deceased Behari, of whom appellants are the legal representatives, had not become bhoomidar of the aforesaid Khasra numbers. We have perused the impugned judgment. We are not inclined to agree with the reason given by learned ADJ. He does concede in the judgment that in the Khasra Girdawari, Behari has been shown to be in cultivatory possession of the aforesaid Khasra number after 1962-63. However,this presumption of possession, according to the learned Additional District Judge,stood rebutted because Behari seemed to have irrigated those fields from a well situated in Khasra No 1 119/716 which did not belong to him. We are of the view that the reason given by the learned Additional District Judge is not sufficient to rebut the presumption of Bhoomidari rights of Behari in those fields. He was shown to be in possession of those fields in the Khasra Girdawari. No entry contrary to such possession emerged from any other documents like Khatauni and, therefore, the conclusion drawn by learned Additional District Judge does not appear to be sufficient. In fact, Khasra Girdawari are always accepted in proof of possession of a certain person. We are, therefore, of the view that Behari had also acquired Bhumidari rights of the aforesaid three Khasra numbers measuring 4 bighas 13 biswas.

(2) The lands belonging to the appellants are admittedly situated in village Mandawali Fazalpur which were acquired by Delhi Administration for planned development of Delhi by a final declaration under Section 6 of the Land Acquisition Act vide Notification No. F-4(71)/63-L & H dated 17.6.63and No. F-4(19)/65-L&H dated 18.3.66.

(3) Following our judgment in Rfa 311/74, namely Kesho Dass v.Union of India and Another, we hereby fix the market value for the land of the appellants in village Mandawali Fazalpur at the rate of Rs. 8064.00 per bigha without observing any difference between various categories and Blocks of lands and grant compensation to the appellants in respect of their entire lands including 4 Bighas and 13 biswas which we have found above to be belonging to Behari as Bhoomidar. The appellants will also be entitled to solarium at the rate of 15% of the said value of the land and interest at the rate of 6% per annum on the enhanced compensation from the date of their dispossession till the date of payment.

(4) As there was a difference of more than 3 years between the Notifications under Section 4/11/1959) and declaration under Section 6 (18.3.66) of the Act, the appellants shall also be entitled to interest at the rate of 6ø/o per annum on the market value of the land under Section 4(3) of the Land Acquisition (Amendment Avalidation) Act, 1967 provided there is no overlapping of interest under Sections 28 and 4(3) of the said Act. The appellants will also be entitled to costs limited to Court feeonly.