T.S.THAKUR, R.BANUMATHI
MAJ. GEN. KAPIL MEHRA – Appellant
Versus
UNION OF INDIA – Respondent
What is the appropriate method to determine market value for land acquired under the Land Acquisition Act, 1894? What are the proper deductions for development and differences between freehold and leasehold in calculating compensation? What is the entitlement and calculation of interest on enhanced compensation under Sections 34 and 28 of the Act?
Key Points: - Market value should be determined using the comparable sales method with open market transactions as of the date of notification, considering factors like location, use, and proximity (!) (!) (!) . - Where exemplars are leasehold not freehold, adjustments may be needed for freehold value; deductions for development (1/3 generally, or more/less depending on layout and development) and for area smallness may apply, with percentages varying by layout type (DDA vs private/industrial) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) . - Interest on enhanced compensation is governed by Sections 34 and 28; Section 34 is mandatory for interest on the original compensation, and Section 28 allows interest on the excess/ enhanced amount, with rates 9% for the first year and 15% thereafter, deposit timing, and related statutory requirements (!) (!) (!) (!) (!) (!) (!) (!) .
Judgment
R. Banumathi, J.
These appeals are directed against the impugned Orders dated 24.12.2010 and 13.10.2011 passed by Delhi High Court in L.A. Appeal No.149/2007 and C.M. No.735/2011 in L.A. Appeal No.149/2007 respectively by which High Court awarded compensation at the rate of Rs.14,974/-per sq. yard for appellants’ land acquired by the Delhi Development Authority (DDA) for development of Vasant Kunj Residential Scheme, Delhi along with interest and proportionate costs.
2. Shorn of details of the previous notification in 1983 and the earlier rounds of litigation, background facts in a nutshell are as follows: On 19.2.1997, a fresh notification was issued by the Land and Building Department, Govt. of NCT of Delhi under Sections 4 and 17 of the Land Acquisition Act, 1894 (the Act) proposing to acquire the land of the appellants measuring 12 Bigha (12096 sq. yards) for development of Vasant Kunj under the planned development scheme of Delhi. Land Acquisition Collector (LAC) by award No. 2/98-99 dated 18.9.1998 assessed the market value of the land @ Rs.2,05,642.07 paise per bigha (Rs.205/-per sq.yard), adding additional interest @ 12% per annum on the market value of land and the s
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