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2014 Supreme(SC) 977

SUPREME COURT OF INDIA
H.L. Dattu, CJI., Madan B. Lokur and A.K. Sikri, JJ.
Krishan Kumar - Appellants
Versus
Union Of India and Anr. - Respondents
Civil Appeal No. 9910 of 2011 With Civil Appeal Nos. 9912, 9913, 9914, 9915, 11232, 11233, 11234, 11235, 11237, 11238, 11239, 11240, 11295, 10320, 10322, 10333, 10334, 10335, 10336, 10337, 10338, 10339 & 10340 of 2011 with Civil Appeal Nos. 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 677, 678, 679, 680, 2490, 2491, 2492, 2493, 2494, 2495, 4329, 5429, 5430, 5739 & 5831 of 2012 and Civil Appeal Nos. 366 and 4480 of 2013.
Decided On : 17.12.2014.

Advocate Appeared:
For the Appellant in C.A. Nos. 9910, 9912, 9913, 9914 and 11232 of 2011 :Pallav Shishodia, Senior Advocate, Mr. Wajeeh Shafiq, Mr. Adarsh Aggarwal and Mr. Parveen Bhati, Advocates.
For the Appellant in C.A. No. 15 of 2012 :Mr. Mahabir Singh, Senior Advocate, Dr. Vijendra Mahndiyan, Ms. Pallavi Awasthi, Mr. Nikhil Jain, Ms. Preeti Singh and Mr. Deepak Goel, Advocates.
For the Appellant in C.A. Nos. 16, 17, 18, 21, 22, 23, 25, 26, 28 and 5831 of 2012 :Mr. Mahabir Singh, Senior Advocate, Dr. Vijendra Mahndiyan, Ms. Pallavi Awasthi, Mr. Deepak Goel, Ms. Preeti Singh and Mr. K.B. Rohtagi, Advocates.
For the Appellant in C.A. No. 11235, 11237, 11240, 11295 of 11 and 19, 27 of 2012 and 366 of 2013 :Mr. Mahabir Singh, Senior Advocate, Dr. Vijendra Mahndiyan, Ms. Pallavi Awasthi, Mr. K.B. Rohtagi, Mr. Deepak Goel, Mr. Mahesh Kasana and Mr. Aparna Rohatgi Jain, Advocates.
For the Appellant in C.A. No. 11239, 11240, 11295, 9915, 677, 2492, 2493, 2494, 2495, 5429, 4480, 10322, 10333 and 10334 of 2012 :Mr. Rajiv Shankar Dvivedi, Mr. J.N.S. Tyagi, Mr. S.K. Sarkar, Md. Ziauddin Ahmad and Mr. Balkrishan Sharma, Advocates.
For the Appellant in C.A. No. 678, 679, 680 and 4329 of 2012 :Mr. Naaren Nath Sarvaria for Mr. Vikash Singh, Advocates.
For the Appellant in C.A. Nos. 11233 and 11234 of 2011 :Mr. G.C. Tyagi, Mr. Kailash Pandey, Mr. Balendra Tiwari, Mr. I.K. Mishra, Mr. Mukesh Tyagi, Mr. Varinder Kumar Sharma, Mr. Nikilesh Ramachandran, Mr. Sudhir Mendiratta, Advocates.
For the Respondent:Ms. Rachana Srivastava, Mr. Utkarsh Sharma, Mr. Vishnu B. Saharya, Mr. Viresh B. Saharya for M/s. Saharya and Co., Mr. Ashwani Kumar, Ms. Binu Tamta and Mr. Dhruv Tamta, Advocates.

Headnote:

Land Acquisition Act, 1894 - Section 4 - Notification - Acquisition of lands - Purpose of acquisition was to set up a Dairy Colony – Compensation – Fixation of market value of land - Dispute pertains to quantum of compensation that has been awarded for acquisition of aforesaid lands - Compensation which has been awarded by Land Acquisition Collector (LAC), Reference Court as well as High Court in respect of these two villages is recapitulated hereunder in summary form - Held, Apart from topography of land, which was almost identical, Reference Court also pointed out that distinction had no relevance because acquisition was for same purpose, namely, Bio-Diversity Park, and, therefore, potentiality of land would be same for aforesaid purpose and it did not matter as to whether a particular parcel of land was different from other (though it was not even factually correct) – Court find this reason to be quite convincing - There appears to be no manifest justification in judgment of High Court in re-introducing said categorization – Court opinion that compensation should be awarded to all appellants uniformly at Rs. 20,20,568/- per acre. For same reasons, similar treatment is to be accorded to appellants whose lands in Jharoda Mazra Burari are acquired by granting compensation at uniform rate of Rs. 12,60,580/- per acre – Directions issued - Civil Appeals stand disposed of.

ORDER :

A.K. Sikri, J.

In these appeals, which arise out of common judgment and order dated 7th June, 2011 passed by the High Court of Delhi, we are concerned with two Notifications that were issued for acquisition of lands in the revenue estate of Village Burari as well as Jharoda Mazra Burari. Vide Notification dated 24.07.1998, land ad-measuring 705-07 bigha situate in the revenue estate of Jharoda, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was acquired. The purpose of acquisition was to set up a 'Dairy Colony'. However, ultimately the land was utilised, after acquisition, for setting up of a 'Bio-Diversity Park'.

2. Second Notification is dated 18.07.2003 issued under Section 4 of the Act vide which 1448-01 bigha (301.66 acres) land situate in the revenue estate of Village Burari was acquired. Village Burari is adjoining village Jharoda Mazra Burari. This land was acquired for the development of a 'Bio-Diversity Park, Phase-II'.

3. There is no challenge to the aforesaid acquisition. The dispute pertains to the quantum of compensation that has been awarded for the acquisition of the aforesaid lands. The compensation which has been awarded by Land Acquisition Collector (LAC), Reference Court as well as the High Court in respect of these two villages is recapitulated hereunder in summary form:

Jharoda Mazra Burari:

4. The LAC, vide his award passed in the year 2000, discussed the potentiality and fertility of the land to ascertain the quality thereof. He also took note of its proxity to the nearby habitation on the basis of aforesaid parameters. The LAC classified the land in three categories as under :

Block 'A': (443-15 bigha)

:

Plain agricultural land of standard quality.

Block 'B': (197-07 bigha)

:

Low lying land of poor fertility and proper to water logging

Block 'C': (64-05 bigha)

:

Degraded land not put to any agricultural use

5. We may observe at this stage itself that the High Court has specifically noted in the impugned judgment that there is no basis given by the LAC in his award in classifying the land into three categories mentioned above.

6. While fixing the compensation for the subject land the Land Acquisition Collector considered 4 sale instances out of which 2 instances were of the same village and as per which land ad-measuring 500 sq. yds. each was sold for Rs. 50,000/- on 07.08.1997, whereas the other 2 sale instances were of village Wazirabad, a village in the nearby vicinity. The first sale deed dated 27.01.1998 was in respect of the land ad-measuring 1028 sq. yds. and the sale price was Rs. 1,00,000/- and the second sale deed dated 26.05.1977 was in respect of land ad-measuring 1600 sq. yds. which was sold for Rs. 3,00,000/-. The Land Acquisition Collector thus noted in the award that the indicative price as per the four sale deeds would come to Rs. 139/- per sq. yd. However, he did not rest his award on these sale deeds inasmuch as the said price resulted in the land value being less than the minimum price notified by the Government as per Office Order dated 24.9.1998 under which the minimum indicative price fixed by the Government for agricultural land in Delhi was Rs. 11,20,000/- per acre i.e. 4 bigha and 16 biswa as of 1.4.1998.

7. Taking into consideration these factors, the LAC determined the compensation payable for three acres of land in the following manner:

Block 'A'

:

Rs. 11,20,000/- per acre

Block 'B'

:

Rs. 10,08,000/- per acre (after effecting 10% reduction from the price of category 'A')

Block 'C'

:

Rs. 8,96,000/- per acre (after effecting 10% reduction from the price of category 'B')

8. Some compensation was also awarded for the trees existing on the land. Needless to mention, other statutory benefits admissible as per the Act were also gr








































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