DELHI DEVELOPMENT AUTHORITY Vs. BALI RAM SHARMA

JUDGEMENT

(1.) In Special Leave Petitions delay condoned and leave granted.

(2.) A Notification dated 17-11-1980 was issued under S. 4 of the Land Acquisition Act, 1894 (for short 'the Act') for acquisition of vast lands in three villages, viz., Kondli, Gharoli and Dallupura for planned development of Delhi. The Land Acquisition Collector fixed market value of the lands in question on the basis of sale transactions that took place during the relevant period, @ Rs. 8,500/- per bigha. The claimants were not satisfied with the amount of compensation fixed by the Land Acquisition Collector and they sought reference under S. 18 of the Act. The Additional District Judge, Delhi (reference Court), by judgment, enhanced the compensation fixing the market value @ Rs. 76,550 per bigha. Still not satisfied the claimants filed appeals before the High Court of Delhi. The High Court allowed their appeals fixing the market value @ Rs.345/- per sq. yard, which amounts to Rs. 3,45,000/- per bigha. While doing so the High Court took into consideration post 4(1) Notification transactions of other lands situated away from village Kondli and schedule of rates notified by the Central Government in respect of lands in the locality. The Union of India and Delhi Development Authority have filed these appeals aggrieved by the enhanced rate of compensation made by the High Court in the impugned judgments.

(3.) The learned senior counsel, appearing for the appellants, argued that the High Court was not right and justified in enhancing the compensation from Rs. 76,850/- per bigha to Rs. 3,45,000/- per bigha, relying on post 4(1) Notification transactions and also Government schedule of rates, which were not accepted in earlier cases covering the other lands under the very Notification; the High Court also was not right in not following the decision of this Court in Karan Singh and others v. Union of India ((1997) 8 SCC 186), covering the lands acquired under the very same Notification, particularly, when the evidence and material placed on record in that case were almost identical. According to the learned counsel it may not be necessary to consider the evidence, material and the contentions of the parties again in these cases when the matter is concluded by the judgment of this Court in Karan Singh and others (supra), which affirmed the judgment of the High Court in fixing the market value of the lands @ Rs. 76,550/- per bigha.