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1988 Supreme(Del) 238

High Court Of Delhi
JAI RAM SINGH - Appellant
Versus
UNION OF INDIA - Respondent
REGULAR FIRST APPEAL 368 of 1984
Decided On : 09/09/1988

Advocates Appeared:
A.C.AGARWAL, N.S.VASHISHT

Headnote:Land Acquisition Act - Sections 18 and 23 — In order to determine the market value, various factors have to be taken into consideration among others, the size and shape of the land, the locality and its situation, the existing user, its potential value, the topical tenure etc. The value to be ascertained is the price to be paid with all potentialities of the uses to which it is reasonably capable of being put in future. The court has also to consider the value of the land for future purposes with the rise or depreciation in the value of the land in the locality. The court is entitled to consider the evidence of what are called instances, that is to say evidence of the sale prices or the evidence of the judgments of the Court determining the market value of the land in the revenue estate of Sahipur. The transactions of the adjoining villages can also be a good guide when the instances are not available in the village itself.

S. S. Chadha, J.

( 1 ) THIS order will dispose of R. F. As. 368/84, 24, 58, 131 and 139 of 1975 and 350 of 1979 arising out of the determination of the compensation in the revenue estate of village Sahipur by various Courts while answering reference petitions undersection 18 of the Land Acquisition Act, 1894.

( 2 ) THE Delhi Administration vide notification dated November 13, 1959 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) notified an area of 34,070 acres of land for acquisition for a public purpose, namely, for planned development of Delhi. Another notification dated October 24, 1961 under Section 4 of the Act was issued by the Delhi Administration notifying about 16,000 acres of land for acquisition for a public purpose, namely, for planned development of Delhi. The land situate in village Sahipur was also included in the aforesaid two notifications. Several declarations under Section 6 were issued form time to time and awards drawn by the Land Acquisition Collector.

( 3 ) IN R. F. A. 368/84, the declaration under Section 6 was issued on January 2, 1969 in pursuance of the preliminary notification dated November 13, 1959 and the award is No. 79/70-71. The Land Acquisition Collector (for short called Collector) offered the compensation at the rate of Rs. 550. 00 per bigha. On a reference under Section 18 of the Act, the learned Addl. District Judge in the Order underappeal dated July 23, 1984 determined the compensation at the rate of Rs. 2,000. 00 per bigha. In R. F. A. 139/75, the declaration under Section 6 was made on July 15, 1966 in pursuance of the preliminary notification dated November 13, 1959 and the Collector made his award No. 2119. He offered the compensation for the acquired land at the rate of Rs. 2,000. 00 per bigha, the learned Addl. District Judge in the order under appeal dated February 3, 1975 determined the compensation at the rate of Rs. 2,500. 00 per bigha. R. F. As. 24 of 1975 and the cross-appeal (58 of 1975) also arose out of award No. 2119. The compensation determined by the learned Addl. District Judge in the order under appeal dated September 24, 1974 is at the rate of Rs. 2,500. 00 per bigha.

( 4 ) IN R. F. A. 131/75, the declaration under Section 6 of the Act was made on July 12,1966 in pursuance of the preliminary notification dated October 24, 1961. The Collector made his award No. 2125 and offered the compensation at the rate of Rs. l,440. 00 per bigha. The learned Addl. District Judge in the order under appeal dated January 13, 1975 determined the market value of the acquired land at the rate of Rs. 2,000. 00 per bigha. In R. F. A. 350/79, the declaration under Section 6 was made on January 2, 1969 in pursuance of the preliminary notification dated October 24, 1961. In award No. 57/71, the Collector offered the compensation at the rate of Rs. 650. 00 per bigha. The learned Addl. District Judge in the order under appeal dated April 21, 1979 determined the market value of the acquired land at the rate of Rs. 2,200. 00 per bigha.

( 5 ) THE Collector in award No. 79/70-71 gives the location of the land under acquisition in the revenue estate of Sahipur as 7 miles from Delhi city. Ring Road is passing at a distance of about 3. 4 furlongs from the area under acquisition and lying in Rectangle No. 21. The remaining area is about 3-4 furlongs towards West of abadi of village Sahipur and at a considerable distance from the Abadi Deh as well as from the Grand Trunk Road. Shri Jai Ram Singh, the claimant stated that his land abutted on rasta of 25 wide, that this rasta connects G. T. Road and also Ring Road, that Azadpur village is about one mile away from this land, that G. T. Road is very near and that from the other side it is 5-6 furlongs away. Mr. Jai Ram Singh further states that the land of village Badli is about 2 miles away from the land in dispute in the revenue estate of Sahipur, that it is equally distant from the G. T. Road as the land i











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