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2000 Supreme(Del) 980

High Court Of Delhi
TEK CHAND - Appellant
Versus
UNION OF INDIA - Respondent
R.F.A. 236 of 1985
Decided On : 11/17/2000

Advocates Appeared:
S.L.Malhotra, SANJAY PODDAR

Headnote:Land Acquisition Act, 1894 - Sections 18, 23 & 54 — Compensation for acquisition of land — Several saves or award pertaining to different land —

       Court is required to choose the transaction relating to a land which closely or nearly compare with the plot of land, to ascertain the market value — The market value of land assessed at Rs. 7,000/- per bigha.

Devinder Gupta

( 1 ) THIS appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the Act ) is against the judgment of learned Additional District Judge, Delhi dated 8. 2. 1985 in Land Acquisition Case No. 370/1981 answering a reference under Section 18 of the Act and thereby determination of the amount of compensation payable to the claimant.

( 2 ) THROUGH notification dated 24. 10. 1961 issued under Section 4 of the Act, Delhi Administration expressed its intention to acquire at public expense and for public purpose, namely planned development of Delhi, 16,000 acres of land located in a number of villages. Lands falling within village revenue estate Naharpur, Delhi were also included in the said notification. Separate declarations under Section 6 of the Act were issued subsequently. First of such declaration under Section 6 was issued on 29. 12. 1968 with intent to acquire 134 bighas 2 biswas of land situate in village Naharpur for which ultimately the Collector on 13. 12. 1974 made his. Award No. 18/74-75 with respect to land measuring 30 bighas 17 biswas. Separate award No. 18-A/80-81 for remaining land was made by the Collector Land Acquisition on 25. 3. 1981. Another declaration under Section 6 of the Act was issued by Delhi Administration on 7. 12. 1966 for an area measuring 1,626 bighas 15 biswas. The Collector Land Acquisition on 10. 1. 1979 made his award No. 35/78-79.

( 3 ) UNDER award No. 18/74-75 the Collector offered compensation @ Rs. 3,000. 00 per bigha. Entire land covered by award No. 35/78-79 was divided in two blocks, i. e. a and b by the Collector and compensation @ Rs. 3,000. 00 and Rs. 2,800. 00 per bigha was offered respectively for the land falling in Block a and Block b respectively. In award No. 18-A/80-81 dated 25. 3. 1981, the Collector offered compensation at Rs. 3,000. 00 per bigha.

( 4 ) FEELING dissatisfied with the amount of compensation, claimants sought references, which were forwarded to the Reference Courts. The Reference Courts in six cases, arising out of award No. 18-A/80-81, assessed the market value at Rs. 4,000. 00 per bigha whereas in two other cases, arising out of the same award, fair market value was fixed at Rs. 8,000. 00 per bigha. In two cases, arising out of award No. 18/74-75, the Reference Court enhanced the amount of compensation, holding the fair market value of land situate at village Naharpur as on 24. 10. 1961 to be Rs. 3,500. 00 per bigha, but in the third case, arising out of the said award, market value offered by the Collector was upheld, to be the fair market value. In about 37 reference cases, arising out of award No. 35/78-79, by separate judgments, the Reference Court fixed the fair market value at Rs. 4,000. 00and Rs. 3,500. 00 per bigha respectively, for the lands falling in Block a and in Block b . In the remaining cases, the Reference Courts by separate decisions fixed the market value of land situate at village Naharpur at Rs. 7,000. 00 per bigha.

( 5 ) IT would thus appear that issuance of separate declarations and making of separate awards by the Collector and answering of separate reference under Section 18 of the Act by different Presiding Officers of the Reference Courts have led to fixing different market value of various parcels of land, situate in village Naharpur and acquired through the same notification and for the same public purpose. Practically, in view of the material on record, there is hardly any difference in nature, quality, location and potentiality of the entire land of village Naharpur.

( 6 ) DISSATISFIED with the amount of compensation determined by the Reference Courts, the claimants have filed appeals for further enhancement in the amount of compensation whereas only seven appeals have been filed by Union of India seeking reduction in the amount of compensation.

( 7 ) WHILE this appeal was heard, learned counsel for the parties in other connected appeals were also heard.

( 8 ) AS regards the locat

















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