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2001 Supreme(Del) 382
High Court Of Delhi
BEDI RAM - Appellant
Versus
UNION OF INDIA - Respondent
REGULAR FIRST APPEAL 585 of 1987
Decided On : 03/23/2001
OM PRAKASH AGRAWAL, SANJAY PODDAR
Headnote:Land Acquisition Act, 1894 - Sections 23(1A) & 4(1) — Determination of Compensation — Escalation in market value — In the absence of some evidence led by the claimants about the extent of the rise in prices or extent of pressure in and around the vicinity of the acquired land adoption of a formula allowing universal increase of a percentage over and above the market value determined on earlier acquisition is not permissible, and it would be reasonable to give a progressive increase for each year over and above the market value fixed earlier.
Held:
No material was brought on record by the claimants that what would have been the extent of escalation. Assuming that escalation was at the normal pace, the entire period from 1959 to 1973 could not be taken as one slot. It ought to have been split up in portions. This Court had, in the absence of any other material, adopted allowing of 6% p.a. increase over and above the market value fixed in earlier acquisition in order to arrive as fair market value for subsequent acquisition. On the same analogy for the period from 1959 to 1965, we are of the view that it would be reasonable in case progressive increase at the rate of 6% every year is allowed and for the period from 1965 to 1973 progressive increase at the rate of 10% every year is allowed in order to arrive at a fair market value. Allowing this progressive increase for each year separately over and above the market value of Rs. 8064/- per bigha as on 30.11.1959, as on 8.2.1973 Rs. 22,850.00 would be the fair market value to which the claimants would be entitled for acquisition of their property acquired through notification dated 8.2.1973.
For the subsequent acquisition, which took place through notification dated 19.8.1976 it has to be kept in mind that after the first acquisition of 1959, second acquisition took place after a lapse of 14 years. The third acquisition took place three and half years (hereafter. The increase in market prices would not be at the same uniform rate of 10% p.a. but definitely would be more for that period because of the second acquisition. Here also in the absence of any other material, exhorbitant increase per annum cannot be permitted. Increase has to be reasonable, which in the facts and circumstances, can safely be taken at the rate of 12% p.a. Allowing this increase @ 12% for each year separately the fair market value of lands in village Kondli as on 19.8.1976 is held at Rs. 34,150.00.
( 1 ) THESE appeals have been preferred under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") seeking determination of the amount of compensation payable to the claimants whose lands situate in village Kondii, Delhi were acquired through two separate Notifications issued under Section 4 (1) of the Act on 8. 2. 1973 and 19. 8. 1976.
( 2 ) UNDER the general notification issued under Sub-section (1) of Section 4 of the Act, on 13. 11. 1959 considerable land situate at village Kondii, Delhi was acquired for public purpose, namely. Planned Development of Delhi. Land was also acquired for Planned Development of Delhi in the adjoining villages, Dallupura, mandaoli Fazalpur, Karkardoma, Khureji-Khas, Khichripur, Ghazipur etc. In RFA no. 128/82 (Om Prakash v. Union of India) decided on 11. 4. 1991 by this Court for village Kondii the claimants whose lands were acquired through Notification issued under Section 4 (1) of the Act on 13. 11. 1959 were held entitled to compensation at the rate of Rs. 8. 064/- per bigha irrespective of the classification of land.
( 3 ) FOR the lands situate at village Chilla Saroda Bangar acquired through notification dated 13. 11. 1959, compensation was finally determined by this Court also at Rs. 8,064/- per bigha in RFA No. 250/94 (Babu Ram Sharma and Ors. v. Union of India) decided on 12. 9. 1996.
( 4 ) FOR the acquisition of land in village Dallupura, which took place through notification dated 13. 11. 1959, compensation was assessed by this Court also at Rs. 8,064/- per bigha in RFA No. 128/82 (Om Prakash v. Union of India) decided on 11. 4. 1991.
( 5 ) LAND situate at village Mandaoli Fazalpur was also acquired through notification dated 13. 11. 1959 for the same public purpose. Compensation was assessed at Rs. 8,064/- per bigha in RFA No. 311 /74 (Kesho Dass v. Union of India), 45 (1991) DLT 20. The land situate at village Khichripur acquired through Notification dated 13. 11. 1959 was assessed at Rs. 8. 000/- per bigha in Mangtoo @ Mangoo v. Union of India and Ors. , 78 (1999) DLT 723 (DB ).
( 6 ) THUS it will be noticed that market rate assessed for all revenue estates located adjacent to each other was almost same and similar as on 13. 11. 1959.
( 7 ) INSOFAR as village Kondii is concerned, compensation assessed for the acquisition, which took place on 13. 11. 1959 was at the rate of Rs. 8,064/- per bigha for all categories of land on the basis of the amount of compensation assessed for village Dallupura holding that there was no difference in location, potentiality and other relevant factors. As regards the land situate at village Kondii and Dallupura, award of compensation at the rate of Rs. 8,064 /- per bigha has since been reaffirmed by this Court in M/s. Delhi Housing and Land Development Corporation v. Union of india, RFA No. 66/2000, decided on 25. 1. 2001.
( 8 ) FOR the land situated in village Gharauli acquired through Notification dated 19. 8. 1976 compensation was assessed at Rs. 12. 000/- per bigha in RFA No. 127/86 (Phira Ram and Ors. v. Union of India) decided on 1. 8. 1994. For the acquisition, which took place on 17. 11. 1980, compensation was assessed at the rate of Rs. 76,550 / - per bigha in Karan Singh and- Ors. v. Union of India, 55 (1994) DLT 511. The later judgment was affirmed by the Supreme Court in Karan Singh and Ors. v. Union of india, 68 (1997) DLT 900 (SC ).
( 9 ) SUBSEQUENT to the acquisition, which took place on 13. 11. 1959 of land in village Kondii, more land situate at village Kondii was acquired by two other notifications, first of which was issued under Sub-section (1) of Section 4 of the Act on 8. 2. 1973. Collector Land Acquisition made his first Award No. 2/78-79 on 8. 5. 1978. Supplementary Award No. 2-A/78-79 was made subsequently. In both the awards the Collector classified the lands in categories A, B and C and fixed the market value at the rate of Rs. 2,100/-, Rs. 1. 100/- and Rs. 600/- per bigha respect
