Union Of India vs Shri Jagan Nath And Others
2001 Latest Caselaw 91 Del

ORDER

Devinder Gupta, J.

1. Appeal has been preferred by Union of India under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") seeking reduction in the amount of compensation payable to the claimant/respondents and the claimant/respondents have no the other hand filed cross objection seeking enhancement in the amount of compensation at the rate of Rs.10,000/- per bigha.

2. Claimants land situated in village Kalu-Sarai was acquired for public purpose at public expense, namely, establishment of a College of Engineering and Technology of Delhi through notification issued under Sections 4, 6 and 17 of the Act on 18.8.1960. While assessing compensation through his award No.1128 dated 27.3.1961, the Collector Land Acquisition classified the land in four categories and fixed different market rates for four categories of land. Feeling dissatisfied with the amount of compensation, reference was sought by the claimants. The Reference Court through the impugned judgment dated 16.1.1968 held the claimants entitled to compensation at the rate of Rs.7,500/- per bigha as against Rs.3,050/- for the land comprised in Khasra No. 486/472/473 measuring 3 bigha 11 biswas and at the rate of Rs.4,000/- per bighas as against Rs.2,000/- per bigha for the land comprised in khasra No.474/353 measuring 15 biswas.

3. We have gone through the record and heard learned counsel for the respondent. There is no need for us to separately discuss the evidence in the case since the case can be decided by relying upon the determination of market value of land of Kalu Sarai made by this Court in its decision in RFA No.41/61 ( Diwan Kesho Dass and others v. Lt.Governor and others decided on 28.2.1994.

4. In Diwan kesho Dass's case (supra) land situate in village Kalu Sarai and abutting main Mehrauli Road was acquired for Planned Development of Delhi, through notification issued under Section 4 of the Act on 13.11.1959. Market value for the said land was fixed at Rs.17,000/- per bigha as on 13.11.1959. In the instant case, the land though situate i the same revenue estate of village Kalu Sarai was not acquired for the same purpose, but was acquired for establishment of College of Engineering and Technology of Delhi by a subsequent notification issued on 18.8.1960. Land comprised in khasra No.433/472/473 was located nearer to Meharuli Road but a little backward. Therefore, the Reference Court instead of allowing the maximum rate of Rs.8,000/- has allowed a marginal reduction and fixed the market value at Rs.7500/- per bigha as on 18.6.1960 and for the remaining portion, which was father away market value has been fixed at the rate of Rs.4,000/- per bigha. In Diwan Kesho Dass's case (supra) it was noticed that the land of Kalu Sarai were located in the vicinity of Hauz Khas Enclave, which had already been developed by that date. In the instant case also there is enough material on record to suggest that the acquired lands were located nearby the Mehrauli Road and there was considerable development, which was taking place in the around the locality and more Particularly after vast land had already been acquired in Kalu Sarai through earlier notification dated 13.11.1959. In view of the fact that by an earlier notification land had been acquired for planned development of Delhi and of the fact that posh locality had come up in the vicinity, there is no person why the claimants entire land should but have been evaluated at an uniform rate considering its potentiality for being utilised as a building site. In case land abutting Mehrauli Road had been assessed at Rs.17,000/- per bigha as on 13.4.1959 in Diwan Kesho Dass's case (supra), considering the trend of rising prices of land, there is no reason that why land acquired subsequently would be assessed at a lesser rate and for that reason alone, appeal of the Union of India has no force and would be liable to be dismissed. Since the claimant's have limited their claim for compensation at a lesser rate i.e. Rs.10,000/- per bigha, it would not be unfair to hold that though the market value of the acquired land was more than what the claimant's have claimed, they be paid compensation at the rate of Rs.10,000/- per bighas for the entire land, which is the subject matter of this appeal.

5. Consequently, the appeal (RFA.125/68) is dismissed and cross objections [CM(Main) No.18/68] are allowed with proportionate costs holding the claimants to be entitled to compensation at the rate of Rs.10,000/- per bigha. Over and above the amount of compensation, the claimants will be paid solarium and interest as per the award of the Reference Court.