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1991 Supreme(Del) 581

High Court Of Delhi
BALBIR SINGH - Appellant
Versus
UNION OF INDIA - Respondent
REGULAR FIRST APPEAL 810 of 1988
Decided On : 10/30/1991

Advocates Appeared:
R.B.Tahilramani, SASHI KIRAN, V.L.JAIN

The market value of the acquired land should be determined based on the potential of the land for urban and industrial purposes and the sale instances in the vicinity of the acquired land.

Headnote:

LAND ACQUISITION - SECTION 4, 12(2), 23(1) - COMPENSATION - MARKET VALUE - LEVELED LAND - LAND IN DEPRESSION - SOLATIUM - INTEREST - ADDITIONAL AMOUNT.

Fact of the Case:

The Delhi administration acquired land in village Samepur for planned development of Delhi. The Land Acquisition Collector awarded compensation for the leveled land at the rate of Rs. 17,000.00 per bigha and the land in depression out of which earth had been removed for preparing bricks or where there were brick kilns, awarded Rs. 13,000.00 per bigha. Dissatisfied, the claimants sought references. The Additional District Judge enhanced the compensation for the leveled land to Rs. 25,000.00 per bigha and for the land in depression, awarded either Rs. 21,000.00 or Rs. 22,000.00 per bigha.

Finding of the Court:

The court found that the acquired land had gained potential for urban and industrial purposes at the time of acquisition and that the sale instances relied upon by the claimants were reasonable. The court also found that the award of the Land Acquisition Collector for an earlier acquisition in the same village was not a reliable guide for determining the market value on the date of acquisition.

Issues: 1. Whether the market price of the leveled land should be fixed at Rs. 50,000.00 per bigha? 2. Whether the market price of the land in depression should be fixed at Rs. 45,000.00 per bigha? 3. Whether the claimants are entitled to solatium, interest, and additional amount?

Ratio Decidendi: 1. The court relied on the sale instances provided by the claimants and found that a market price of Rs. 50,000.00 per bigha for the leveled land was reasonable. 2. The court found that the land in depression required filling to bring it to the same level as the leveled land and therefore fixed the market price at Rs. 45,000.00 per bigha. 3. The court held that the claimants were entitled to solatium at the rate of 30% of the market price, interest at the rate of 9% per annum for the first year and 15% per annum thereafter, and an additional amount of 12% from the date of publication of notification under Section 4 of the Act till taking possession.

Final Decision: The court allowed the appeals filed by the claimants and enhanced the compensation for the leveled land to Rs. 50,000.00 per bigha and for the land in depression to Rs. 45,000.00 per bigha. The court also awarded solatium, interest, and additional amount to the claimants.

Mr. Gokal Chand Mital. C. J.

( 1 ) BY a notification under Section 4 ofthe Land Acquisition Act, 1894 published on 27/07/1984 the Delhiadministration acquired 2123 bighas and 5 biswas of land in village Samepurfor planned development of Delhi, in particular for setting up an industrialestate. The Land Acquisition Collector awarded compensation for thelevelled land at the rate of Rs. 17,000. 00 per bigha and the land in depressionout of which earth had been. removed for preparing bricks or where therewere brick kilns, awarded Rs. 13,000. 00per bigha. Feeling dissatisfied, theclaimants sought references. Some of the references came up forconsideration before Sh. T. S. Oberoi. Additional District Judge, who byjudgment dated 17/10/1988. enchanced the compensation for thelevelled land to Rs. 25,000. 00 per bigha. For the land in depression,references came up for consideration before different Additional Districtjudges who awarded either Rs. 21,000. 00 or Rs. 22,000. 00 per bigha for suchland.

( 2 ) STILL feeling dissatisfied, the claimants have approcahed this Court. Since all these appeals arise out of the same award and common questionsarise, this judgment will dispose of R. F. A. Nos. 17/89, 18/89, 19/89,26/89, 27/89, 28/89, 29/89. 74/89, 75/89, 79/89, 89/89, 90/89, 91/89,123/89, 124/89, 132/89, 133/89, 134/89, 525/89, 526/89, 528/89,548/89, 551/89, 552/89, 575/89, 577/89, 581/89, 582/89, 583/89, 601/89,619/89, 622/89, 669/89, 670/89, 75/90, 76/90, 77/90, 78/90, 79/90, 80/90,81/90, 82/90, 83/90, 84/90, 85/90, 86/90, 87/90, 88/90, 89/90, 101/90,102/90, 103/90, 112/90, 119/90, 122/90. 123/^0, 140/90, 145/90, 146/90,155/90, 165/90, 173/90, 174/90, 187/90, 192/90, 193/90, 194/90, 195/90,196/90, 197/90, 198/90, 199/90, 200/90, 201/90, 202/90, 203/90, 204/90,205/90, 207/90, 227/90, 238/90,239/90, 250/90, 257/90, 258/90, 259/90,260/90,261/90,262/90,263/90,267/90, 271/90, 272/90, 273/90,274/90,275/90, 276/90, 277/90, 278/90, 337/90, 346/90, 355/90, 356/90, 357/90,358/90, 359/90, 360/90, 361/90, 425/90, 426/90, 433/90, 434/90, 443/90,444/90, 450/90, 460/90. 461/90, 462/90, 478/90, 479/90, 491/90, 493/90,494/90, 508/90, 536/90. 537/90. 612/90, 621/90, 622/90, 623/90, 624/90,026/90, 682/90, 701/90, 707/90, 714/90, 756/90, 820/90, 821/90, 837/90,846/90. 88/91, 99/91, 100/91, 132/91, 133/91, 135/91, 155/91, 156/91,157/91. 167/91 176/91, 182/91, 203/91, 204/91, 219/91, 235/91, 237/91,258/91, 323/91, 341/91, and 345/91.

( 3 ) IT cannot be disputed that the acquired land had gained potentialfor urban and industrial purposes at the time, the acquisition was made andthe same position stands, reflected in the sale instances near about the dateof acquisition. On behalf of the claimants, reliance is placed on thefollowing sale instances:a-5 Judgment of the High Court dated 12/12/1984relating to village Badli in regard to acquisitions dated 24/10/1961 and 4/03/1963 for planned development of Delhi, inwhich for 1961 acquisition, Rs. 7000. 00 per bigha and for 1963acquisition Rs. 8. 000. 00 per bigha was awarded. AA-13 Judgment of the Additional District Judge relating tovillage Pipalthala in regard to acquisition made on 13/06/1980 for the planned development in which Rs. 34,000. 00 per bighawas awarded.

( 4 ) ON behalf of the Union of India, reliance is placed on the following instance. R-1 Award of the Collector relating to acquisition dated 26/03/1983 in village Samepur tor an Engineering College for which Rs. 13,000. 00 per bigha was awarded.

( 5 ) AS regards instance R-1, the award of the Land Acquisitioncollector, besides the acquisition is 16 months earlier to the presentacquisition and the matter is pending consideration before the Additionaldistrict Judge in reference. That would hardly give a guide for determiningthe market value on the date of acquisition involved in these appeals,particularly when we have sale instances.

( 6 ) NORMALLY, we would have discussed all the sale instances reliedon behalf of the claimants, since they are only ask






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