Hari Singh (Deceased) Through ... vs Union Of India
2001 Latest Caselaw 368 Del

ORDER

Devinder Gupta, J.

1. Delhi Administration through its notification issued under Section 4 of the Land Acquisition Act 1894 (hereinafter referred to as "the Act") on 30.10.1963 notified 2279 bighas. 5 biswa of land situate at village Bhorgarh, Delhi for being acquired for public purpose, namely, development of Narela Township. This was followed by declaration under Section 6 made on 16.1.1969. The Land Acquisition Collector made three separate awards. The first award No. 19/78-79 was made on 12.6.1978 covering an area measuring 682 bighas. It was followed by supplementary awards No. 5/79-80 dated 28.5.79 and another award No. 199/86-87 dated 19.9.1986. By the first award Land Acquisition Collector offered compensation to the claimants @ Rs. 1500/- per bighas. By the second award also compensation was offered at the same rate by the Collector Land Acquisition. The claimants feeling dis-satisfied sought references under Section 18 of the Act for determination of the amount of compensation. The reference court while answering reference in some of the cases assessed market value of irrigated and unirrigated land (Abpash and Gair Abpash) at Rs. 3800/- per bighas and for the other cultivated land (Gair Mumkin Chah land) @ 3400/- per bigha. Appeals have been filed by the claimants for further enhancement. Taking into Consideration the market value as was assessed by the reference court in some of the references, the Collector Land Acquisition in the third award No. 199/86-87 dated 19.9.1986 offered compensation to the claimants @ Rs. 3800/- per bigha. Claimants still feeling dis-satisfied in those cases sought reference. The references were answered separately by various awards. In some of the cases the reference court assessed market value at Rs. 4300/- per bigha whereas in some other cases market value has been assessed at Rs. 10000/- per bigha. In a few cases market value has been assessed at Rs. 15000/- per bigha and in some case @ Rs. 7500/- per bigha. In one case market value has been assessed at Rs. 4800/- per bigha. Claimants feeling dis-satisfied with the amount of compensation as determined by the reference courts have sought further enhancement in the amount of compensation by filing separate appeals. 52 appeals have been preferred by the compensation to the claimants @ Rs. 1500/- per bigha. By claimants seeking enhancement in the amount of compensation. Claim is to the extent of Rs. 25000/- per bigha. Seven appeals have been preferred by Union of India seeking reduction in the amount of compensation. Wherever claimants had sought enhancement at a Lesser rate separate prayer has been made to allow them to amend memorandum of appeal and allow them to make good deficiency in the amount of court fees. In the appeals preferred by the Union of India reduction in the amount of compensation has been claimed whereas the claimants have filed cross objections seeking further enhancement in the amount of compensation.

2. We have heard learned counsel for the parties in 59 appeals. It may be noticed that for development of Narela Township land situate in five adjoining villages was acquired, namely, that of Bhorgarh, Kureni, Mamurpur, Narela and Tikri Khurd. Towards North of Bhorgarh are located three villages, namely, Kureni, Mamurpur and Narela and village Tikri-Khurd towards its East. Shahpur-Garhi is located towards its Southern side. Village Kureni is also situate close to the Northern border of National Capital Territory of Delhi and is abutting on its North Western border with the boundaries of villages Mamurpur and Narela town. Towards Western and Southern side is village Bhorgarh and on Eastern side is village Singola. Villages Kureni lies in between G.T. Karnal Road on Eastern side and Delhi Sonepat railway line on its Western side. Land of village Mamurpur was surrounded by fully developed residential and industrial estates. So was the position with respect to land situate at village Narela. Thus the topography, potentiality and advantages attached and available to these five villages were almost same and similar as on the date when notification under Section 4 was issued.

3. In several appeals question of determination of the amount of compensation payable for the lands situate at village Mamurpur acquired through the same notification issued under Section 4 of the Act for same public purpose came up for consideration before this Court. This court by its judgment in read 554/92 Dharambir & Ors. Vs. Union of India decided on 23.9.96 assessed the market value at Rs. 25,000/- per bigha but restricted payment of compensation to claim @ Rs. 22,000/- per bigha. The reference court had however in the said cases assessed market value @ Rs. 17,500/- per bigha. Appeal was carried to Supreme Court in the said case and finally the Supreme Court in Civil Appeal No. 4405/97 Union of India Vs. Dharambir & Ors. while allowing the appeal of the State Government held that Rs. 16,750/- per bigha was the fair market value of all categories of land situate at village Mamurpur as on 30.10.1963. The reason which prevailed with Supreme Court in approving the assessment of compensation made by reference court and in upsetting the judgment of Division Bench of this Court are to be found in the following passage:-

"The Division Bench of the High Court on appeal by the land-owners fixed the compensation @ Rs. 22,22,000/- per bigha, as claimed by the claimants, though holding the market value to be @ Rs. 25,000/- per bigha. The High Court, while enhancing the compensation opined that the land in question was "levelled agricultural land" which had no "depressions or defects". The High Court observed that because of that nature of the land, it hardly needed any development to developed site and that it could be used for any purpose whether industrial or residential after its acquisition. Influenced by these factors, the High Court enhanced the compensation from Rs. 16,750/- per bigha to Rs. 22,000/- per bigha for the acquisition made in 1963. In doing so, the High Court obviously ignored the provisions of Section 24 of the Land Acquisition Act, 1894. Clause fifthly of that Section provides that the court shall not take into consideration any increase to the value of the land acquired as was likely to accrue form the use to which it would be put when acquired.

The High Court then observed:-

"In view of the peculiar situation of this land. being surrounded by developed areas, roads and railway line, we do not thin that we will be not justified in determining the market rate of land as on 30.10.1963 at less than Rs. 25,000/- per bigha after taking into account such development as will be necessary in the shape of roads, parks etc.

Accordingly, we fix the market value of the acquired land in village Mamurpur which was acquired pursuant to the notification under Section 4 of the Act. dated 30.10.1963 at Rs. 25,000/- per bigha."

The findings to say the least are conjectural in nature. There was no evidence at all before the court to show as to which were the surrounding developed areas or how far was the road or the railway line, form the acquired land. Enhancement of compensation on mere surmises was not justified. The reasons given by the High Court for enhancing the compensation from Rs. 16750/- to Rs. 25,000/-, though actually restricting payment to Rs. 22,000/- per bigha as claimed by the land-owners, is not at all sustainable or cogent or justified. We, therefore, are unable to uphold the order of the High Court, enhancing the compensation form Rs. 16750/- to Rs. 22,000/- per bigha, as claimed by the land owners respondents. The appeal succeeds and is allowed. The order of the High Court is set aside and that of the learned Additional District Judge restored. In case the enhance amount of compensation has been paid to the land owners, the appellant shall be entitled to recover the difference."

4. While determining the amount of compensation payable for the land situate at village Narela acquired through the same notification issued under Section 4 of the Act on 30.10.1963 Division Bench of this Court in Ram Kumar & Ors. Vs. Union of India held fair market value at Rs. 25,000/- per bigha. In this case also appeals were carried to Supreme Court. The Supreme Court by its decision rendered in Civil Appeal No. 2360/2000 Union of India vs. Nathu decided on 3.4.2000 and in other connected appeals has set aside the decisions of this Court and reduced the amount of compensation to Rs. 16,750/- per bigha. In reducing the amount of compensation reliance was placed by the Supreme Court in its earlier decision in Union of India Vs. Dharambir & Ors. (Supra)

5. On the same reasoning, as had prevailed while determining the amount of compensation for lands acquired in village Mamurpur and Narela a Division Bench of this Court in RFA 598/93 Mange Vs. Union of India decided on 27.9.1996 assessed the amount of compensation at Rs. 25,000/- per bigha for the land situate at village Kureni. We are informed that appeals carried to Supreme Court against the decision of this Court are pending disposal. Two of such appeals of which reference may be made are Civil Appeal No. 5858 & 5859/97.

6. For the lands situate at village Tikri Khurd and Bhorgarh which were acquired under the same notification and for the same public purpose there has been no determination by this Court so far.

7. While considering the facts and circumstances of the case and the other relevant factors such as location., potentially, advantages available for acquired land situate at village Bhorgarh which admittedly were akin to the acquired land of village Mamurpur and Narela, acquired through the same notification and for the same public purpose on the ratio of decision of Supreme Court in Nand Ram Vs. State of Haryana J.T. 1998(4) S.C. 260 would squarely apply. When all other relevant factors are same and similar there should be no discrimination in the matter of payment of compensation and the claimants must be paid amount of compensation at the same rate. No distinguishing feature has been brought to our notice that why should there be any deviation in the instant case and why the claimants should not be paid compensation at the same rate which has finally been determined by the Supreme Court for the two adjoining and contiguous villages i.e. Rs. 16,750/- per bigha. We accordingly hold Rs. 16,750/- per bigha to be the fair market value of the land situate at village Bhorgarh acquired through notification dated 30.10.1963. Some of the case were decided by the references courts after 30.4.1982. For the cases decided prior to 30.4.1982 by the reference courts solarium is payable to the claimants @ 15% but for the cases which were decided after 30.4.1982 by the reference courts in view of the ratio of the decision of Supreme Court in Union of India Vs. Raghubir solarium would be payable @ 30% and in such cases interest on the enhance amount of compensation would be payble @ 9% p.a. for a period of one year form the date of Collector taking possession and thereafter @ 15% till the date of payment. In cases decided prior to 30.4.1982 interest payable on the enhanced amount of compensation would be @ 6% p.a. Claimants will not be entitled to any additional amount under Section 23(1-A) of the Act but would be entitled to interest under Section 4(3) of Land Acquisition (Amendment and Validation) Act for a period beyond three years from the date of expiry of notification under Sub-section (1) of Section 4 of the Act to the date on which compensation was offered or paid by the Collector. To the extent aforementioned the awards of the reference court in each case shall stand modified and claimants will be paid the amount of compensation accordingly.

8. In so far as the claim for interest on solarium is concerned, in case the same is held payable by Supreme Court in a pending reference on the said question, as and when the said reference is decided, claimant will also be paid said interest.

9. Appeals and cross objection stand disposed of with proportionate costs.