VIRENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal by special leave, the correctness of the market value assessed by the Reference Court and affirmed by the High Court of Delhi is in question. An extent of 16 Bighas and 10 Biswas of land in Khasra No. 478/14 etc., situated in village Sadhora Khurd near Delhi belonging to the appellants was acquired together with other lands by means of a Notification published on 13-11-1959 under S. 4(1) of the Land Acquisition Act. The acquisition was made for the purpose of planned development of Delhi. Declaration under S. 6 was made on 19-7-1965. An award was passed on 19-7-1967 by the Collector fixing the market value of the land in question at Rs.6,000 per Bigha, classifying the same as B Block. The Reference Court, namely. The Additional District Judge, Delhi enhanced the market value and fixed the same at Rs. 10,000 per Bigha for the land in B Block. Appeals were filed by the Union of India and cross-objections were filed by the claimants aggrieved by the determination made by the Reference Court. The High Court, by the impugned judgment dated 15-12-1995, dismissed the appeals and the cross-objections thereby confirming the award of the Reference Court. Against the judgment the aggrieved landholders have preferred this appeal.

(2.) The Reference Court as well as the High Court rightly held that the decision of this Court in Shri Prabhu Dayal vs. Union of India, (1995) Suppl. 4 SCC 221 in respect of acquisition made on 15-5-1945 fixing the market value at Rs. 5,700 per Bihga was of no assistance in fixing the market value of the land acquired fourteen years later, especially in the absence of evidence on record as to the extent of development that had taken place between 1945 and 1959. The High Court placed strong reliance on two sale deeds dated 15th March, 1967 and 8th April, 1967 whereby the claimants sold 7.5 and 8 Bighas respectively to the persons who figured as respondents before the Reference Court. The land sold is part of the land notified for acquisition and the sale transactions took place a few months before the award came to be passed by the Land Acquisition Collector. The sale price, as per sale deeds, works out to Rs. 7,500 per Bigha. The said land was purchased, according to the evidence tendered by the vendees, for the purpose of developing it as colony. In the face of these sale deeds executed by the claimants themselves, after a period of about seven years from the date of Notification, the value of Rs. 10,000 per Bigha fixed by the Reference Court was held to be adequate compensation. Apart from these two sale deeds (Ex. A3 and A4), the High Court also relied upon the award of the Reference Court dated 26-5-1967 in Land Acquisition case No. 242 of 1965 pertaining to the land acquired under a Notification dated 19-10-1962 in the same village. In that award, the High Court fixed the market value as on 19-10-1962 at Rs. 10,000 per Bigha. The High Court observed :

(3.) The learned counsel for the appellants has brought to our notice that the award of the Reference Court in which Rs. 12,000 per Bigha was fixed for the land acquired on 19-10-1962 has since been superseded by the judgment of the Delhi High Court which enhanced the market value from Rs. 12,000 to Rs.3 2,000 for the lands situated in B Block. The learned counsel contends that even after giving the allowance of the appreciation of the value between 1959 and 1962, the compensation could be reasonably fixed at Rs. 25,000 per Bigha. The learned counsel for the appellant further stated that against this judgment, no S.L.P. was preferred. To bring on record the said judgment of the Delhi High Court, an application has been filed for permission to file it as additional document and we have allowed the same. The learned counsel for the respondent-Union of India has contended that the said judgment has no more weight than the judgment under appeal, especially when there is no material on record to establish that the acquired land covered by the said judgment is comparable in all respects to the land in the instant case.