KARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This group of Civil Appeals by special leave and Special Leave Petitions is directed against the judgment of a Division Bench of Delhi High Court and the questions involved therein relate to quantum of compensation with regard to acquisition of the appellants land situated in village Gharoli, Delhi. Since common question of facts and law is involved, we propose to dispose of these appeals and special leave petitions by a common judgment, noticing the facts of the case as appearing in Civil Appeal No. 2981/95.

(2.) Land measuring 2600.12 bighas situated in the revenue estate of village Gharoli which included the appellants land was notified for acquisition vide notification dated 17-11-1980 issued under Section 4 of the Land Acquisition Act (for short the "Act"). The purpose for acquisition shown was planned development of Delhi. This was followed by declaration issued under Section 6 of the Act on 29-9-81. The Collector by an award dated 2-7-83 assessed the market value of the entire land at Rs. 9,000/- per bigha except some portions of land the value of which was fixed at Rs. 7,000/- and 4,000/- per bigha, respectively. The appellants not content with the said award of the Collector sought references for determination of compensation payable to them. The Learned Additional District Judge, Delhi determined the market value of appellants acquired land at the rate of Rs. 23,000/- per bigha. It may be noticed here that for other portions of the land the Additional District Judge awarded lower rates of compensation. Thereafter, the appellants preferred Regular First Appeals in the High Court of Delhi against the judgment dated 21-11-1992 of the Learned Additional District Judge. However, the Union of India accepted the judgment of the Learned Additional District Judge as it did not prefer any appeal to the High Court. The High Court of Delhi by a common judgment rendered in 46 appeals filed by the claimants in respect of the same village granted compensation at the uniform rate of Rs. 76,550/- per bigha to all the claimants. It is in this way the present appeals and the special leave petitions have come up before us.

(3.) Learned counsel for the appellants urged that the leases, Exts. A-8, A-9, A-10, A-12 and A-13 relied upon by the appellants for enhancement of compensation for the acquired land were erroneously rejected by the High Court on the ground that these evidences related to the post-notification issued under Section 4 of the Act, According to learned counsel for the appellants the lands comprised in Exts. A-8, A-9, A-10, A-12 and A-13 are situate near the acquired land and the leases thereof were executed shortly after the notification under Section 4 of the Act, and as such, they ought to have been relied upon by the High Court in arriving at the correct market value of the acquired land.