High Court Of Delhi
RAM KUMAR - Appellant
Versus
UNION OF INDIA - Respondent
REGULAR FIRST APPEAL 209 of 1993
Decided On : 02/04/1997
Land Acquisition Act, 1894 - Section 23, 24 and 54 — Determination of compensation — Consideration of factors for determination of market value — Reference Under Section 18 of the Act — ADJ held 25% of the value of the land liable to be deducted from the market value — Appealed against — Pleaded land already developed — Deductions not required — Appeal allowed.
Section 28A — Article 14, Constitution of India — Re-determination of compensation — Effect of — No reference made or sought — Others preferred reference and awarded enhanced compensation — Entitlement of enhanced compensation to those not preferred reference. Section 54 — Determination of compensation — Enhancement of compensation — Acquisition of land for Narela township — Awarded — ADJ enhanced to Rs. 18,750/-from Rs. 24,000/ — -Appealed against — Sought amendment of claim of enhancement of Rs. 30,000/- per bigha — Pleaded ADJ erred in making deductions From the market value as development cost — Determination of compensation — Deductions not permissible under statute — Market value fixed at Rs. 25,000/- per bigha — Appeal succeeds — Decree modified. )
( 1 ) THE appellants Ram Kumar and others arc bhumidars of Khasra Nos. 67/2,67/3, 67/8 67/9 67/13, 67/18,67/23, and 54/31, in all measuring 25 bighas 8 biswas, situated in the revenue estate of Narela.
( 2 ) THE above said land of the appellants was acquired by notice of acquisition under section 4 of the Land Acquisition Act (hereinafter called as "the Act"), which was issued on 30. 10. 1963. Section 6 notification in connection with the acquisition of the appellants land was issued on 16. 1. 1969. The award with respect thereto was made on 22. 9. 1986, and possession taken on 23. 9. 1986.
( 3 ) THE notice of acquisition was issued as the land of the appellants was likely to be acquired for the public purpose of planned development of Narela Township. By his award dated 22. 9. 1986, the Land Acquisition Collector awarded a sum of Rs. 6650. 00 per bigha to the appellants.
( 4 ) AGGRIEVED by the said determination of the market value by the Land Acquisition Collector, the appellants preferred reference under section 18 of the Act for enhancement of the market value. The learned Additional District Judge enhanced the market value in section 18 reference to Rs. 18,750. 00 per bigha.
( 5 ) AGGRIEVED by the said determination of the market value, the appellants filed the present appeal under section 54 of the Act, claiming that the market value of their land should be determined at Rs. 24,000. 00 per bigha. Later by an application moved for that purpose, the appellants further sought amendment of the claim of enhancement of the market value which was allowed on 7. 10. 1996, and the appellants were permitted to raise their claim to Rs. 30,000. 00 per bigha.
( 6 ) AT our insistence, learned counsel for the respondent has placed before us the revenue map of the town of Narela, and in the composite map filed before us, has also indicated location of the village Mamurpur.
( 7 ) THE revenue map of Narela has peculiar outlines, inasmuch as its shape is like human leg/foot from the knee down. It appears to have curved calf like the human leg, a heel and an arch of a foot. Above the arch of the fool, is the village Mumurpur. In fact this outline reminds us of the map of Italy which is also shaped like a foot with difference that the island of Sicily is near the tip of the toes of the foot, which gives the impression that Italy and Sicily islands, represent a foot hitting a football. Here, in the case of Narela and Mamurpur, Mamurpur appears to be resting above the arch of the foot. Mamurpur has common borders with the town of Narela along the slope of the arch of the foot.
( 8 ) IT is in view of this peculiar geographical and. revenue boundaries of the twon of Narela and Mamurpur that the appellants have relied upon the sale of land in Mamurpur for the purpose of determination of the market value of the land in Narela town. For this purpose, the appellants rely upon a sale deed dated 13. 3. 1963, which sale deed related to sale of land in village Mamurpur, which, as staled above, is contiguous to, and adjoins Narela Town. This very sale deed of 13. 3. 1963 was the basis of determination of the market value of the land in village Mamurpur in R. F. A. No. 554 of 1992, and the price was determined at Rs. 25,000. 00 per bigha. The market value was determined as Rs. 25,000. 00 per bigha, the notification for acquisition having been issued on 30. 10. 1963, as in the instant appeal. In that case, however, as the claim in the appeal was confined to Rs. 22,000. 00 per bigha, we held that the appellant was entitled to receive Rs. 22,000. 00 per bigha.
( 9 ) IN support of the case of the appellants for higher compensation, Mr. V. P. Singh, Senior Advocate, appearing for the appellant, has brought to our notice the fact that the town Narela was urbanised in the year 1922, and since then a Notified Area Committee exists in that twon. He has also referred to and relied upon the statement made by the Land Acquisition Collector and the
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