Mange Ram Etc. vs Union Of India
2000 Latest Caselaw 280 Del

JUDGMENT

Devinder Gupta, J.

1. The question for determination in these appeals is about the compensation payable to the claimants for acquisition of their lands situated in village Mangolpur Kalan, Delhi. The claimants have filed appeals under Section 54 of the Land acquisition Act, 1894 (hereinafter referred to as "the Act') for enhancement in the amount of compensation whereas Union of India has filed six appeals claiming reduction in the amount of compensation.

2. Notification under Section 4 of the Act was issued on 24.10.1961 notifying the intention of the Government of acquire land, measuring 16,000 acres marked in blocks 1 to 24, covering number of revenue estates of Union Territory of Delhi at public expense for public purpose, namely, Planned Development of Delhi. This notification was followed by declaration under Section 6 of the Act issued on 6.12.1966 with respect to 92B Bighas 18 Biswas of land situated in village Mangolpur Kalan. Separate awards were made by the Collector, Land Acquisition determining the amount of compensation Awards No. 1434, 1459, 1460, 1461 and 1672 were made earlier. In award Nos. 1434, 1459, 1460 and 1461 compensation was assessed at Rs. 1500/- per Bigha. Under award No. 1434 land was divided in two blocks. Block A comprising those lands, which had not been dug up for which compensation was assessed at Rs. 1,000/- per Bigha, Block B comprising those lands, which had been dug up, for which compensation was awardedat Rs. 1200/-per Bigha.

Under award No. 1672 land was divided in three blocks block Bincluded such land from which earth had been dug up. Compensation was awarded at Rs. 1300/- per Bigha Clock C considered of gair mumkin for which rate at Rs. 800/-per Bigha was assessed. Remaining land was included in block A, for which rate was assessed at Rs. 1600/- per Bigha land, which was included in the five awards was situated on the south side of Delhi Kanjhawala Road, Which passed through this village.

3. In respect of awards 1434. 1459, 1460 and 1461 claimants had sought reference, Compensation was enhanced by the reference court to Rs. 3,000/-per Bigha in respect of the land, which was not on the side of road. For the lands by the side of road, compensation was allowed at Rs. 3500-per Bigha. References were also sought in respect of award No. 1672. The reference court in those cases pertaining to award No. 1672 made his own subdivisions. For the land by side of metalled road market rate was assessed at Rs. 4500/-per Bigha; Land located on the Rasta was assessed at Rs. 4,200/-per Bigha land neither on the road nor on Rasta was assessed at Rs. 3800/- per Bigha Rest of the land was included in Block B for which also sub-division was made. For dugup land situated on Rasta, market value was assessed at Rs. 3500/-per Bigha and for dugup land, not situated on Rasta, market value was assessed at Rs. 3,000/- per Bigha.

4. Further enhancement was sought by filing appeals to this Court. In a batch of appeals, decision was rendered on 19.7.1979 by learned single Judge of this court (Avadh Behari, J) One of such appeal was RFA 434/69 by (Baldev Singh Vs. Union of India), In the said decision, learned Single Judge considered the cases arising out of awards Nos. 1459, 1460, 1461, 1434 and 1672. for land, which was covered by award No. 1672, market value was assessed as follows:

"Award 1672:

Block 'A'-

 1.   Land on the Delhi
     Kanjhawala Road.         Rs. 6000/- per Bigha 
2.   Land on the Rasta        Rs. 5500/-
     per Bigha.   
3.   Land neither on
     road nor on Rasta.       Rs. 5000/- per Bigha
Block 'B'-
1.   Land dugup but
     situated on Rasta        Rs. 4800/- per bigha
2.   Land dugup but not
     on Rasta.                Rs. 4700/- per Bigha.

 

     Classification  of lands arising out of other award Nos.  1434,  1459, 1460 and 1461 was maintained and the market value was assessed as follows:       Land situated on-rasta   Rs. 5500/- per Bigha.
     Land not situated - 
     on rasta                 Rs. 5000/- per Bigha.

 

5. The entire land covered by the five awards was located on the south side of the pucca road leading to Kanjhawala. For the land located on north side of the said road two awards were made by the Collector, Land Acquisition subsequently, namely, award No, 18/80-81 and 27/80-81 on 25.7.1980 and 23.5.1980 respectively. Market value of different categories of lands after noticing the aforementioned judgment in Baldev Singh's case (supra) was assessed by the Collector, Land Acquisition as follows:

      1.   Gair Mumkin Gitwar       Rs. 8,000/- per Bigha.
     2.   Land abutting Delhi      Rs. 6,000/- 
          Kanjhawala Road.         per Bigha.
     3.   Nehri Land               Rs. 5,000/- per Bigha.
     4.   Rosli land               Rs. 2,500/- per Bigha.
     5.   Banjar Kadeem            Rs. 2,000/- per Bigha.
     6.   Gair Mumkin Johar, etc.  Rs. 1,500/- per Bigha.

 

6. Feeling dissatisfied with the awards of the Collector, Land Acquisition, references were sought by the claimants. The reference Court by the impugned awards proceeded to determine the amount of compensation a the rate as follows:

      1.   Land at Kanjhawala- Road.     Rs. 6,000/- per Bigha.
     2.   land on Rasta-                Rs. 5,500/- per Bigha.
     3.   land neither on road-         Rs. 5,000/- per Bigha.
          nor on Rasta.
     4.   Land dugup but-               Rs. 4,800/-
          situated on Rasta.            per Bigha.
     5.   Land dugup but not-           Rs. 4,700/-
          on Rasta.                     per Bigha.

 

7. Still feeling dissatisfied the claimants have sought further enhancement in the amount of compensation whereas Union of India has in six cases only sought reduction in the amount of compensation.

8. Some of the appeals had come up for hearing earlier. Adjournment was granted to await the decision in RFA 531/69 (Mali and Others Vs. Union of India)' pertaining to determination of the amount of compensation for the land situated in adjacent revenue estate i.e. Salimpur Majra Madipur on the ground that the acquired lands in Mangolpur Kalan was also acquired for same public purpose and through same notification and that the lands situated in village Salimpur majra Madipur were similarly situated and as such decision in the case of Mali and Others (supra) would also be relevant for determining the amount of compensation payable for acquisition of land in Mangolpur Kalan. Considering the admitted position that village Salimpur Majra Madipur was located in close proximity and was adjacent to the acquired lands situated in Mangolpur Kalan, the appeals were adjourned and were directed to be posted for hearing after decision of the appeal of Mali and Others.

9. We have heard learned Counsels for the parties and gone through the entire record.

10. RFA. 531/69 (Mali & Ors.Vs. Union of India) was decided on 11.11.1984. Collector, Land Acquisition had divided the entire land situated in village Salimpur Majra Madipur in three categories awarding compensation at the rate of Rs. 2500/- Rs. 2,000/- and Rs. 1500/- respectively. References were sought only for determination of the amount of compensation payable for blocks A and B Reference court enhanced the market value to Rs. 3,000/- and Rs. 2,000/- per Bigha respectively. Division Bench in Mali and Others (supra) came to the conclusion that market value of the entire land, which was subject matter of the appeal and classified in Blocks A and B ought to be fixed at Rs. 7,000/- per Bigha.

11. The Collector, Land Acquisition as well as reference court in the cases in hand proceeded to determine the amount of compensation payable to claimants considering the then existing use i.e from agricultural point of view and not considering the potentiality to which land could be utilised. Section 23 of the Act requires that the market value of the acquired land must be estimated not by the existing use of such land but the best use, which a willing purchaser would make it. as such potentiality of the acquired land in foreseeable future should be taken into consideration. Admittedly the acquired land was located towards north of the pucca road leading to Kanjhawala. Judicial notice can be taken of the fact of largescale acquisition had taken place in Delhi in the past by virtue of notification issued under Section 4 of the Act on 13.11.1959 covering several villages. Land was acquired for planned development of Delhi, which already was a growing city.

12. Geographical situation of the acquired land in village Salimpur Majra Madipur was noticed in the case of Mali and Others (supra) that the same was adjoining to village Mangolpur Kalan towards its west to north boundary of village Pritam Pura to wards south Rani Bagh and towards east boundary of Shakurpur. Proximity of the land situated in Village salimpur Majra Madipur to the three adjoining villages of Mangolpur Kalan, Pritam Pura and Rani Bagh colonies, which were also noticed by the Collector, was held to be a factor to be taken into consideration for treating the potentiality as building site and for that reason alone market value in the said case was assessed at Rs. 7,000/- since for the lands situate in the adjoining village of Shakur Pur acquired through the same notification, in RFA 409/71 (Ram Mehar v. Union of India) decided on 15.10.1979 market value had already been fixed at Rs. 8,000/- per Bigha.

13. Value of the acquired land situted in Mangolpur Kalan for agriculture purposes was held to be superior to the lands, which was subject matter of the earlier five awards. The question in this case is that whether due to its close proximity to the Delhi-Kanjhawala Road and being located to the north side thereof and in close proximity to the lands situated in village Salimpur Majra Madipur, which was considered to be land fit for development purposes, the reference Court as also the Collector, Land Acquisition were justified in fixing the market value by comparing it with the land situated on the south of the Delhi Kanjhawala Road. The answer obviously has to be in negative. The entire land lay towards north side of Delhi kanjhawala Road. In Mali and Others (supra) because of proximity of the land in that case to the abadi in Rani Bagh colony market value was fixed at Rs. 7,000/- per Bigha of the entire land irrespective of its classification in the revenue records. As such for the land laying towards north of the road market value ought to have been assessed differently, considering the potentiality of the land to which it could be best utilised. Land touched the colony of Rani Bagh, Shakur Basti and Multan Nagar colony. Location thus being in close proximity of developed and developing area in a city where development activity was on its increase and acquisition itself being for agriculture purpose, there was no reason to have treated it as agriculture land only. It ought to have been treated as having good potential of being utilised for development purposes of setting up of township. when the land situated in Salimpur Majra Madipur, because of its proximity to Rani Bagh, which lay towards its South was considered by Division Bench of this court to be fit for development, there is no reason that why the land situated in village Mangol Pur Kalan, which lay towards east of Salimpur Majra Madipur and towards north of Delhi kanjhawala Road would not be fit for the same purpose as on the date of the notification under Section 4 of the Act. We are of the view that irrespective of the classification of the land in revenue records the entire land, which is the subject matter of award No. 18/80-81 and 27/80-81 ought to have been treated as fit for development purposes and assessed uniformly. By deducting a sum of Rs. 500/- per Bigha from the market value of the land situated in village Salimpur Majra Madipur in our view, the fair market value as on 24.10.1961 of the acquired land should have been fixed at Rs. 6,500/- per Bigha.

14. For the aforementioned reason, we allow the appeals of the claimants with proportionate costs holding the claimants to be entitled to compensation at the rate of Rs. 6,500/- per Bigha. Over and above the amount of compensation the claimants will also be entitled to solatium at the rate of 30% on the enhanced amount of compensation and interest at the rate of 9% p.a. for a period of one year form the date of Collector taking possession and thereafter at the rate of 15% p.a. till payment. As there is a difference of more than three years between the dates of noticfiction issued under Section 4 the under Section 6 of the Act the claimants will also be entitled to simple interest at the rate of 6% p.a. on the market value from 24.10.1964 onwards under Section 4(3) of the Land Acquisition (Amendment and Revalidation) Act 1967 provided there is no overlapping of interests. Appeals of Union of India stand dismissed.

15. Appeals of claimants allowed.