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2001 Supreme(Del) 119

High Court Of Delhi
GANPAT - Appellant
Versus
UNION OF INDIA - Respondent
REGULAR FIRST APPEAL 457 of 1989
Decided On : 02/02/2001

Advocates Appeared:
NEMO K.PARASARAN, OM PRAKASH AGRAWAL

Headnote:Land Acquisition Act, 1894 - Section 23 & 54 — Determination of compensation — Enhancement — Reference — Reference court enhanced compensation from Rs. 5,650 to Rs. 6,000 — Appeal against — Collector admitted land of village Nangloi Jal surrounded by Punjabi Colony and Kavita Colony and new Colonies Sultanpuri and Mangolpuri have come up — No material on record that there were internal roads or other facilities available — 1/4th deduction for development deserves to be made from market value — Enhanced up to Rs. 27,000/- per bigha with 30% solarium 9% interest p.a. — Judgments modified — Appeal allowed.

       Held:

       We are of the view that even if adjoining colonies had already come up and there was pressure towards the acquired land for development but that alone will not be a ground not to allow any deduction at all since there is no material brought on record that there were internal roads or other facilities available. In case the entire area covered by the acquisition had to be evaluated as a developed site for building purposes, same area might be required for being left out for common purposes like lanes, sewerage etc. and considerable amount might be required for making the area fit for development and for that purpose, we are of the view that 1/4th deduction deserves to be made from the market value, for smaller plots of land as on 2.8.1973.

Devinder Gupta

( 1 ) THESE three appeals have been preferred under Section 54 of the Land Acquisition Act,1894 (here in after referred to as"theact")against the judgment of Shri Padam Singh, Additional District Judge, Delhi answering three separate references under Section l8 of the Act and thereby determining the amount of compensation payable to the claimants/appellants. The claimants/appellants feeling aggrieved have sought further enhancement in the amount of compensation at the rate of Rs. 30,000. 00per bigha.

( 2 ) 123 bighas 4 biswas of land situated in village Nangloi-Jat, Delhi was notified for being acquired for public purpose, namely. Planned Development of delhi through Notification issued under Section 4 (1) of the Act on 22. 8. 1973. It was followed by declaration issued under Section 6 of the Act on 31. 7. 1976. Collector proceeded further but before award could be announced, the acquiring Depart- ment informed him that only 55 bighas 11 biswas of land, which was lying vacant be acquired. Accordingly, Collector Land Acquisition proceeded to make his award no. 97/80-81 on 23. 1. 1981 offering compensation at the market rate of Rs. 5,650. 00 per bigha. Claimants feeling dissatisfied sought references. The reference Court by the impugned awards held the claimants entitled to compensation at the rate of Rs. 6,000. 00 per bigha. Still feeling dissatisfied the claimants have in these appeals sought further enhancement in the amount of compensation.

( 3 ) WE have heard learned Counsel for the appellant. None appeared on behalf of the respondents when the appeals were called for hearing. These appeals have been on the hearing board for quite some time. On the last date appeals were adjourned for today specifically for being heard. Accordingly, the hearing proceed- ed in the absence of learned Counsel for the respondents.

( 4 ) UPON compulsory acquisition of property, an owner is entitled to the value of the property in its actual condition, at the time of expropriation, with all its advantages and possibilities excluding any advantage due to the carrying out of the, scheme for the purpose for which the property is acquired. Thus value of the acquired land with its possibilities has to be adjudged for paying compensation to the claimants whose property is acquired. The principles to determine the quantum of compensation are contained in Section23 (l) of the Act. The Court has to take into consideration the prevailing, market value of the land on the date of Notification under Section 4 ( 1) of the Act and the market value has to be determined by reference to the prices, which a willing seller might have reasonably expected for a similar property from a willing purchaser. The underlying principle of fixing the market value with reference to comparable sales is to reduce the element of speculation. In a comparable sale, the features are:

(I) it must be within a reasonable time of the date of the notification under Section 4 (1); (ii) it should be a bonafide transaction; (iii) it should be a sale of the land acquired or its adjacent land; and (iv) it should possess similar advantages.

( 5 ) BEFORE such instances of sales can be considered as proper instances or relevant instances, there must be material evidence on record by examining the vendor and vendee to prove that the transactions are genuine.

( 6 ) SIMILARLY the awards given by the Collector offering compensation for acquisition of lands by Notification of the same date are at least relevant material and are in the nature of admission with regard to value of the land on behalf of the state and if the land involved in the awards is comparable land in the reasonable proximity of the acquired land, the rates found in the said awards would be a reliable material to afford a basis to work upon for determination of the compensa- tion. Similar is the position with respect to the awards of the Reference Court or the judgments rendered by the High Court in appeals determining t



















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