RAVINDER NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) In these three appeals, the controversy lies within a very narrow compass relating to the valuation of lands acquired under the Land Acquisition Act, 1894 (in short the Act).

(2.) As the points in issue are common they are dealt with together. Notifications under Section 4 of the Act were issued on 13-11-1959 and 15-7-1960 in the two cases. The acquired lands according to the appellants are situated on the main road known as the Mall or Delhi Karnal Road near to National High Way No.1. They claimed Rs. 60 per Sq. yard along with interest and solatium. So far as the acquisitions covered by the Notification dated 13-11-1959 is concerned, the Land Acquisition Collector divided the acquired land into two blocks and fixed the market value of land in these blocks separately. As regards Bagh Nehri land, the rate was fixed at Rupees 4,000/- per bigha and Gair Mumkin land @ Rs. 3,500/- per bigha in respect of block A. In respect of Block B, he fixed the market value of garden land @ Rs. 3500/ per bigha and for other land @ Rs. 3,000/- per bigha. So far as the acquisition relating to Notification dated 15-7-1960 is concerned, the Land Acquisition Collector fixed the compensation at the flat rate of Rupees 3,400/- per bigha.

(3.) References were made under S. 18 of the Act. In the first case, the reference Court fixed the compensation at Rs.26,000/- per bigha and in the second case also similar rate was fixed. Matter was carried in appeals before the Delhi High court which by the impugned judgment fixed the compensation @ Rs.30,000/- per bigha. While fixing the value, references were made to several instances of sale contemporaneous to the period. The High Court felt that the residential plots and the shop plots had to be sold at different rates and their average was worked out to fix the compensation. The High Court made reference to the instances cited by the appellants to hold that they related to smaller plots and do not provide a reasonable comparison. High Court also made reference to various data provided by way of evidence and came to conclude that the total plotable areas cannot be taken into account and only the plotted areas have to be reckoned. It was hypothetically noted that if the total plotable area was 1000 sq. yds. plotted area on the basis of materials on record, would come to 637 sq. yds. It also took note of the development charges, miscellaneous charges on account of brokerage, administration, interest on investment etc. and worked out the net price to fix the market value.