High Court Of Delhi
RAMESHWAR SOLANKI - Appellant
Versus
UNION OF INDIA - Respondent
REGULAR FIRST APPEAL 718 of 1990
Decided On : 02/03/1995
( 1 ) BY this judgment we propose to deal with the Regular First Appeals that have arisen out of the acquisition of certain land in village Palam.
( 2 ) THE relevant notification under section 4 of the Land Acquisition Act (hereinafter REFERRED TO to as "the Act"), was issued on 27. 01. 1984. Statement under section 19 of the Act showing the khasra numbers, area of the land and the share of the persons in each of the khasra was also prepared. There is no dispute regarding the extent of the land, or the share of the appellant in the land. The Land Acquisition Collector had divided the land in three blocks "a", "b" and "c", and has given compensation to the appellant land @ Rs. 8,400. 00 per bigha for block "a", Rs. 6,000. 00 per bigha for block "b" and Rs. 3,000. 00 per bigha for block "c".
( 3 ) BEING dissatisfied with the award of the Land Acquisition Collector, the appellant filed reference under Section 18 of the Act, saying that the land in question which has been acquired, could not be valued at less than Rs. 300. 00 per sq. yd. on the date of notification under section 4 of the Act.
( 4 ) IT was the case of the appellant that the land in question is situated near the Indira Gandhi International Air Port, the Palam Air Port and is sur rounded by the residential colonies of Janak Puri and Vikas Puri and by Delhi Cantonment.
( 5 ) THE appellant says that his land is situated in front of Palam Najafgarh pacca 60 ft. wide road, and is very valuable land; that it has great potential value, civic amenities like transport, telephone, electricity, hospital, schools are all available near the land in question. That irrigation wells exist in the land of the appellant, i. e. khasra No. 26/4/1 and 26/15, and the appellant claimed Rs. 50,000. 00 for each of these wells, and says that the price of the land should be Rs. 3,00,000. 00 per bigha.
( 6 ) ON the pleadings of the parties, the Additional District Judge before whom the reference was made under section 18 of the Land Acquisition Act, framed two issues, which read as under:-
1. What was the market price of the land at the relevant time?
2. Relief.
( 7 ) AFTER framing of the issues, the appellant adduced both oral as well as documentary evidence. In all nine witnesses were produced by the appellant. P. L. Bhatia was produced as A. W. I. He was L. D. C. in the office of the Sub-Registrar, Kashmere Gate, and proved copy of the sale transactions Ex. A. W. 1/9 to Ex. A. W. I/10. Certified copies were filed. He was cross-examined, wherein he stated that he has no personal knowledge about the sale transactions.
( 8 ) THE next witness produced by the appellant was Raj Kumar Sharma, Architect-cum-draftsman who has proved Aksh Shajra Ex. A. W-2/1, which shows the boundaries of the village Palam, location of various khasra numbers and also the boundaries of the villages which are contiguous to the village Palam.
( 9 ) A. W. 3 was S. C. Mongia, U. D. C. in the office of Group Housing Section, Delhi Development Authority. He produced some summoned record.
( 10 ) A. W. 4 was Gobind Ram, who deposed about the sale of land belonging. to him and his son, being khasra No. 83/19/2, each of whom had sold 15 biswas of land to Sulabh International South, Gandhi Maidan,. Patna, for Rs. l,01,000. 00 each by four sale-deeds Ex. A. W. 1/7 to Ex. A. W. 1/8 and Ex. A. W. 1/9 and Ex. A. W. I/10. In cross- examination he stated that what he had sold, was agricultural land and not plotted land. He further stated in the cross-examination that he-and his sons were bhumidars of the land, and that after sale of the aforesaid land, the land measuring 4-1/2 bighas was left in his ownership and bhumidari. The sale to Sulabh International seems to be the highest price, the evidence of which has been led in this case, according to which the price of the land in Palam village at the time of sale, that is to say between 21. 10. 1981 to 29. 09. 1982 comes to Rs-1,34,616 perbigha.
( 11 ) A. W. 5 was Rish
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