Union Of India vs Desh Raj And Ors.
1995 Latest Caselaw 538 Del

JUDGMENT

M.K. Sharma, J.

(1) This is an appeal filed by the Union of India under Section 54 of the Land Acquisition Act, 1894 (hereinafter called the Act) against the enhancement of compensation payable to the claimants/respondents under the award dated 22.4.1976 in Lac No.18 of 1969 passed by the Additional District Judge, Delhi, for his land at Village Molar Band, Delhi, acquired for public purpose under notification dated 6.4.1964 under Section 4 of the Land Acquisition Act.

(2) By the aforesaid notification issued under Section 4 of the Land Acquisition Act, total land measuring 82 Bighas 8 Biswas was acquired and the declaration under Section 6 of the Act was made on 15.6.1965. The Land Acquisition Collector divided the entire land into four blocks and awarded the market value at Rs.5,000.00 , RS.1000.00 , Rs.800.00 and Rs.600.00 per bigha to the land placed in the said four blocks respectively. The land in dispute was categorised in Block 'A' and land acquisition compensation was assessed at Rs.5,000.00 per bigha. On reference the Additional District Judge through the impugned award enhanced the compensation amount and determined the same at Rs.7,600.00 per bigha, thereby enhancing the market value @ Rs.2600.00 per bigha so far as the land of the claimants/respondents is concerned. The learned Additional District Judge also assessed damages at 10% of the market value for severance of the land.

(3) Being aggrieved by the aforesaid enhancement the Union of India has filed the present appeal in this court. The respondents/claimants after receipt of notice of the aforesaid appeal appeared and filed cross-objections .claiming higher compensation. It may be stated that the appeal filed by the Union of India was listed on 17.1.1992 before this court and the same was dismissed for non-prosecution. On the cross-objections filed by the respondents/claimants this court directed for listing the same for hearing.

(4) Our attention has been drawn to a decision of this court in R.F.A. 254/1978 in the case of Union of India Vs. Bharat Singh & Others, disposed of on 14.12.1984 wherein this court in respect of land situated in Village Molarband and acquired under notification dated 6.4.1964 under Section 4 of the Act determined compensation for the said land at Rs.l2,000.00 per bigha as fair and reasonable market value. Relying on the aforesaid decision the learned counsel for the respondents submitted that since for similar lands situated in Village Molarband and acquired under the same notification under Section 4 of the Act this court enhanced the compensation value and fixed it at Rs.l2,000.00 per bigha, the respondents/claimants are entitled to claim atleast the same amount per bigha for the present comparable and similar land. Under the aforesaid circumstances, according to him, the appeal filed by the Union of India is liable to be rejected.

(5) We have carefully perused the judgment and order passed in the case of Bharat Singh (Supra). On consideration of the ratio of the same and evidence on record of the present case, in our opinion, the said judgment and order given by this court in respect of the land situated in Molarband is a relevant and reliable material to afford a basis in determining compensation for the land involved in the present acquisition proceedings. In State of Madras Vs. A.N.Nanjiah and another; , the Supreme Court has held that if the land involved in the award is comparable land in reasonable proximity of the land, the rates found would be a reliable material. On analysing the evidence adduced in the present case, we find that the land involved in the present case is comparable possessing similar advantages and potential value to the land involved in the case of Bharat Singh (supra). We are also of the opinion on the basis of the evidence on record that the award of damages at 10% of the market value of the land for severance as assessed by the learned Additional District Judge is justified. In view of our aforesaid finding and following the ratio of the decision in the case of State of Madras (supra.) we fix the market value of the disputed land at Rs.12,000.00 per bigha.

(6) In the result, the Cross-Objections are allowed to the extent indicated above. We direct that the respondents/claimants shall be entitled to compensation @ Rs.12,000.00 per bigha for the disputed land. Over and above the respondents/ claimants shall be entitled to solarium @ 15% and also interest at 6% per annum from the date of dispossession till the date of tender of payment in the court on the enhanced compensation. They shall also be entitled to costs proportionate to the court fee.