Supreme Court of India
THE HONOURABLE MR. JUSTICE S.B. SINHA & THE HONOURABLE MR. JUSTICE CYRIAC JOSEPH
Union of India
Versus
Harpat Singh & Others
CIVIL APPEAL NO. 2367 OF 2006 WITH CIVIL APPEAL NOS.2368, 2369, 2370, 2371, 2373, 2374 & 2375 OF 2006 AND 4204 OF 2004
Decided on : 12-05-2009
Land Acquisition Act - Land case - For development of the said area, several notifications were issued not only in respect of the aforementioned two villages but also villages - Indisputably, lands of all these villages were subjected to acquisition under the Land Acquisition Act where for diverse notifications were issued - Held, For the aforementioned purpose, Court have also taken into consideration that appeals were otherwise barred by limitation and that is one of the factors, we must place on record, had weighed with us for determining the said amount - In Civil Appeal where notification was issued, 10% of the aforementioned amount shall be deducted whereas in respect of CA where notification has been issued, increase @ 10% per year shall be granted in preparing the final award - Appeal allowed.
Judgment :-
S.B. Sinha, J.
1. Chilla Saroda Bangar is now a part of East Delhi. There is another small village in the said area known as Chilla Saroda Khader. For development of the said area, several notifications were issued not only in respect of the aforementioned two villages but also villages known as Gharoli, Kondli and Dallupura. Indisputably, lands of all these villages were subjected to acquisition under the Land Acquisition Act wherefor diverse notifications were issued from 1979 to 1987. Land Acquisition proceedings were, however, initiated in respect of different villages separately.
2. Amount of compensation awarded in respect of villages Kondli, Gharoli and Dallupura were subject matters of some decisions before this Court, namely, Karan Singh & Ors. v. Union of India [(1997) 8 SCC 186] and Delhi Development Authority v. Bali Ram Sharma & Ors. [(2004) 6 SCC 533].
Before, however, we advert to the aforementioned decisions and some others, we would like to notice the basic details of these cases :
S CASE NOS. CAUSE TITLE DATE OF VILLAGE
1.R.N NOTIFICATION
2.o.
1. Civil Appeal No. Union of India Vs. 17.11.1980 Chilla 2367/06 Harpat Singh Saroda Bangar
2. Civil Appeal No. Union of India Vs. 17.11.1980 Chilla
2368/06 Jatinder Nath Soni Saroda Bangar
3. Civil Appeal No. Land Acquisition 17.11.1980 Chilla 2369/06 Collector vs. Fehimida Saroda Zia & Anr. Bangar
4. Civil Appeal No. Union of India & Anr. 17.11.1980 Chilla 2370/06 Vs. Mustaq Ahmad Saroda Ansari Bangar
5. Civil Appeal Sheo Raj (D) by Lrs. 09.04.1979 Chilla No.2371/06 Vs. Union of India Saroda Bangar
6. Civil Appeal No. Jai Narain Mishra Vs. 17.11.1980 Chilla 2372/06 State of U.P. & Anr. Saroda Bangar
7. Civil Appeal No. Sheo Raj (D) by Lrs. 21.7.1987 Chilla 2373/06 Vs. Union of India & Saroda Anr. Khader
8. Civil Appeal No. Kartar Singh (D) by Lrs. 09.04.1979 Chilla 2374/06 & Ors. Vs. Union of Saroda India Bangar
9. Civil Appeal No. Jai Chand Vs. Union of 17.11.1980 Chilla 2375/06 India Saroda Bangar
10. Civil Appeal No. Union of India Vs. Babu 17.11.1980 Chilla 4204/04 Ram Sharma Saroda Bangar
11. We may furthermore notice that in respect of lands situated in village Gharoli, the
learned Land Acquisition Collector awarded a sum of Rs.9,000/- per Bigha. We may also notice the respective dates of the awards made by the Land Acquisition Collector, the Reference Court, the High Court as also this Court in respect of the aforementioned four villages in the following comparative chart:
Gharoli Kondli Dallupura Chilla Saroda (Approx 2600 Bangar Bighas (Approx.892 Bighas) Section 4 17.11.80 17.11.80 17.11.80 17.11.80
Notification Award Rs.9,000 per Rs.8500 per Rs.8,500 per Rs.8,000 per bigha bigha bigha bigha Reference Rs.23,000 per Rs.76,550 per Rs.76,550 per Rs.8,000 per Court bigha bigha bigha bigha High Court Rs.76,550 per Rs.3,45,000 Rs.3,45,000 Rs.3,45,000 per bigha per bigha per bigha bigha Supreme No increase Reduced to Reduced to Court [Karan Singh & Rs.76,550/- Rs.76,550/-Ors. Vs. Union of {Delhi {Delhi India (1997) 8 Development Development SCC 186] Authority Vs. Authority Vs. Bali Ram Bali Ram Sharma & Sharma & Ors. - (2004) Ors. - (2004) 6 SCC 533 - 6 SCC 533 -in view of in view of Karan Singh Karan Singh Vs. Union of Vs. Union of India India
4. In Karan Singh (supra), this Court laid down the legal principles required to be applied in arriving at the market value of acquired land in awarding compensation to the claimants, stating :
"When a land is compulsorily acquired, what is basically required to be done for awarding compensation is to arrive at the market value of the land on the date of the notification under Section 4 of the Act. The market value of a piece of land for determining compensation under Section 23 of the Act would be the price at which the vendor and the vendee (buyer and seller) are willing to sell or purchase the land. The consideration in terms of price received for land under bona fide transaction on the date of notification iss
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