Lehri And Ors. vs Union Of India
1995 Latest Caselaw 169 Del

JUDGMENT

D.P. Wadhwa, J.

(1) This is an appeal under section 54 of the Land Acquisition Act, 1894, against the judgment of the Additional District Judge, Delhi, enhancing the amount of compensation on a reference made to him under section 18 of the Act. The land in question is that of village Peepalthala.

(2) A notification under section 4 of the Act was issued on 13 November 1959 and declaration under section 6 on 22 November 1962. The award by the Collector was made on 22 April 1963. He fixed the market value of the land for various khasras which was enhanced by the Additional District Judge in the impugned judgment. This is how the compensation was enhanced :-

1.Khasra No. 241 from Rs.1000.00 to Rs. 2000.00 per bigha. 2. Khasra Nos. 184, 185, 631/150, 633/150, from RS. 1000.00 to Rs. 1500/: per bigha. 3. Khasra Nos. 205 and 206 from Rs. 1500.00 to Rs. 2250.00 per bigha. 4. Khasra number 436/200 from Rs. 1500.00 to Rs. 3000.00 per bigha. 5. Khasra No. 433-34/199/2/2 from RS.1OOO.00 to Rs.3000.00 per bigha.

(3) The learned Additional District Judge also directed that appellants shall also be entitled to compulsory acquisition charges at the rate of 15% per annum apart from interest at the rate of 6% per annum on the total enhanced amount from the date of compensation till the date of payment. Still dissatisfied, the appellants have filed this appeal. When the appeal was originally filed, the appellants had claimed compensation at the rate of Rs.4,000.00 per bigha. However, by an application seeking amendment of the memorandum of appeal, the claim has now been enhanced to Rs.10,000.00 per bigha. Though notice on this application was issued, but no reply has been filed by the Union of India. We will, therefore, allow the application and treat this appeal claiming for fixing the market value of the acquired land at the rate of Rs.10,000.00 subject to payment of court fee as hereinafter directed.

(4) Mr. Mathur, learned counsel for the appellants, submitted that the village Peepalthala adjoins village Bharola and that a Bench of this Court in R.F.A. No. 16/68 and other connected R.F.As. entitled Sahibzada Nassiruddin Ahmad v Unian of India, decided on 11 October 1974, fixed the market value of the land in village Bharola at the rate of Rs.9,000.00 per bigha. The land in that case was also so acquired after notification under section 4 of the Act which was common in the present appeal as well as in the appeal pertaining to the village Bharola and which is dated November 13, 1959. As a matter of fact, huge chunk of land all over Delhi had been notified under section 4 of the Act to be acquired and thereafter declarations under section 6 of the Act issued on different dates. We find in the case of village Bharola, while fixing the compensation, its land was compared with that of village Azadpur which was a neighbouring village. Mr. Mathur said he will be satisfied if compensation can be fixed at the rate of Rs.9,000.00 in this appeal as well.

(5) It has not been disputed that the land of village Peepalthala is surrounded by village Bharola. As a matter of fact, the Collector himself in his award stated that the land in question is similar in situation and kind of the land in village Bharola. It was, therefore, stated that since the market value of the land in village Bharola in the circumstances had been fixed at Rs.9,000.00 per bigha as per the judgment of this Court in Sahibzada Nassiruddin Ahniad's case, the same market value should be fixed of the land of village Peepalthala as well. Normally we do not give much credence to such an argument that if value of the land of a particular village is fixed on certain rate, that of the adjoining village must be necessarily fixed at the same rate. That will certainly depend on the facts and circumstances of each case. In the present case, however, the circumstances exist that we fix the market value of the land in question at Rs.9,000.00 per bigha in view of the value of the land fixed for village Bharola.

(6) The appeal is, therefore, allowed to the extent that we enhance the compensation of the land in question to Rs.9,000.00 per bigha. The appellants will also been titled to interest on the additional compensation and solarium on the said additional compensation at the rates these have been allowed by the learned Additional District Judge. The appellants will also be entitled to costs limited to court fee only. The appellants will meet the deficiency in court fee, if any, within four weeks.