ANIL KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These three appeals are being disposed of by a common judgment since question of fact and law are same and similar. The land, which is the subject in matter of these appeals situated in village Kondli was acquired lor Planned Development of Delhi. For I he lands, which are subject matter of R.F.A. No. 603 and 604 of 1992 notification under Section 4 of the Land Acquisition Act, 1897 (hereinafter referred to as "the Act") was published on 17.11.1980 and for the lands, subject matter of RFA. No. 601/92, the said notification under Section 4 was published on 25.2.1981. It was followed by separate declarations issued in Section 6 of the Act. For the lands covered by notification dated 17.11.1990, Collector Land Acquisition made his Award No. 80/82-83 and for the lands covered by notification dated 25.2.1981 he made Award No. 57/81-82. Compensation was assessed and offered hy the Collector Land Acquisition at a uniform .rate of Rs. 8,500.00 per bigha. Feeling dissatisfied the claimants sought references. Reference Court through a common judgment delivered on 20.8.1992 answered the references and while masking determination enhanced the amount holding the claimants to be entitled to compensation at the rate of Rs. 76,550.00 per bigha. Still feeling dissatisfied the claimants have sought further enhancement in the amount of compensation at the rate of Rs. 400.00 per sq. yard.

(2.) Learned counsel for the parties were heard and the record was perused. The Collector Land Acquisition noticed the location ol the acquired land situated within Revenue Estate of village Kondli slating that it is adjacent to the boundaries of village Dallupura on the South and village Gharuali and Khichripur on the North. The land was staled to he contiguous to U.P. Border and NOIDA industrial area on the East and Kotla Hindon Canal on the West. Though Delhi Land Reforms Act, 1954 was stated to be applicable to the acquired land, but it was observed that it did not affect the potentiality of the land in any way. Most of the area under acquisition was found to be agricultural and irrigated. From a very small portion out of it eartli was found to have been removed from 2 to 8 ft deep converting the area into pits. A pucca road was found to be passing through the land under acquisition leading to U.P. Industrial Town known as N.O.I.D.A. The Collector further observed that the land besides being used for agricultural purposes had special adaptability for residential- cum-Industrial purposes. After coming up of NOIDA Township in U.P. which at that time was a big industrial complex, the Collector observed that the land of village Kondli had gained importance and its potentiality had also increased. No sale transaction was stated to have taken place in the village during the last five years preceding the date of notification under Section 4 of the Act. Collector also observed that though some area of this village had previously been acquired by the Government by various awards but keeping in view the potemiality, which the land had acquired after coming up of NOIDA Township in U.P. the Said awards rendered for acquisition, which took place through notifications issued in 1959 and 1973 would not be proper and safer guide for assessing the market value of the land under acquisition, therefore, the same were discarded. Acquired land was also found to be having no similarity with the land, which was acquired through notification issued on 19.8.1978. The Collector noticed that help could be taken of one sale transaction dated 14.2.1974 for 5 bighas for a consideration of Rs. 30,000.00 located towards North of village abadi of Kondli but for substantial change in situation i.e. (a) the land situate in this village gaining importance because of coming up of NOIDA; and (b) another residential complex having come up quite adjacent to the land under acquisition. The land of village Kondli had gained special adoptability for housing or factory purposes, therefore, the said sale transaction was also discarded.

(3.) Sale transaction of 2 bigha 14 biswas of land situate in the adjacent village Dallupura dated 18.7.1980 was taken as the base. The average sale price worked out to Rs. 12,962.96. It was held that the said land was situated about 1 k.m. away from the acquired land and was having similarity in fertility but slight difference of potentiality for building purpose. Dallupura had already gained importance because of coming up of NOIDA complex and because of building activities of Delhi Development Authority in village Chilla Sarod.a Barigar. Taking the said sale transaction to be a guiding factor, the Collector opined that Rs. 8,500.00 per bigha would be the most appropriate and fair market value.