HARI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Delhi Administration through ,its notification Issued under Section A of the Land Acquisition Act 1894 (hereinafter referred to as "the Act" ) on 30/10/1963 notified 2279 bigha, 5 biswa of land situate at viliage Bhorgarh, Delhi for being acquired for public purpose, namely, development of Narela Township,, Thisi was followed by declaration undor Section 6 made on 1,6-1.1969. The Land Acquisition Col lector made three separate awards. The first award No .19/ 78 - 79 was made on 12/6/1978 covering an area measuring 682 bighas. it was followed by supplementary awards No.5/79-80 dated 28/5/79 and another award No.199/86-87 dated 19.9-1986. By the first award Land Acquisition Collector offered compensation to the claimants @ Rs.1,500.00 per bigha. By the second award also compensation was offered at the same rate by the Collector Land Acquisition. The claimants feeling dis-satlsfied sought references under Section 18 of the Act for determination of the amount of compensation. The reference court while answering reference in some of the cases assessed market value of irrigated and unirrigated land (Abpash and Gair Abpash) at Rs.3,800.00 per bigha and for. the other cultivated land (Gair Mumkin Chah land) @ Rs.3,400.00 per bigha. Appeals have been filed by the claimants for Further enhancement. Taking into Consideration the market value as was assessed by the reference court in some of the references, the Collector Land Acquisition in the third award No.199/86-87 dated 19/9/1986 offered compensation to the claimants @ Rs.3,800.00 per bigha- Claimants still feeling dis-satisfied in those cases sought reference. The references were answered separatelty by various awards. In some of the cases the reference court assessed market value at Rs-4300.00 per bigha whereas in some other cases market value has been assessed at Rs.10,000.00 per bigha. In a few cases market value has been assessed at Rs.15,000.00 per bigha and in some cases @ Rs.7,500.00 per bigha. In one case market value has been assessedat Rs.4,800.00 per bigha. Claimants feeling dis-satisfied with the amount of compensation as determined by the reference courts; have sought further enhancement in the amount of compensation by filing separate appeals- 52 appeals have been preferred by the compensation to the claimants @ Rs.1,500.00 per bigha- By claimants seeking enhancement in the amount of compensation. Claim is to the extent of Rs.25,000.00 per bigha. Seven appeals have been preferred by Union of India seeking reduction in the amount of compensation. Wherever claimants had sought enhancement at a lesser rate separate prayer has been made to allow them to amend memorandum of appeal and allow them to make good deficiency in the amount of court fees. In the appeals preferred by the Union of India reduction in the amount of compensation has been claimed whereas the claimants have filed cross obJections seeking further enhancement in the amount of compensation.

(2.) We have heard learned counsel for the parties. in 59 appeals. It may be noticed that for development of Narela Township land situate in five adJoining villages was acquired, namely, that of Bhorgarh,Kureni, Mamurpur, Narela and Tikri Khurd. Towards North of Bhorgarh are located three villages, namely, Kureni, Mamurpur and Narela and village Tikri-Khurd towards its East Shahpur-Garhi is located towards its Southern side Village Kureni is also situate close to the Northern border of National Capital Territory of Delhi. and is abutting on its North western border with the boundaries of villages Mamurpur and Narela town. Towards western and Southern side is village Bhorarh and on Eastern side is village Singhola. Village Kureni lies in between G.T. Karnal Road on Eastern side and Delhi Sonepat railway line on its western side. Land of village Mamurpur was surrounded by fully developed residential and industrial estates. So was the position with respect to land situate at village Narela, Thus the topography, potentiality and advantages attached and available to these five villages were almost same and similar as on the date when notification under Section 4 was issued.

(3.) In several appeals question of determination of the amount of compensation payable for the lands situate at village Mamurpur acquired through the same notification Issued under Section 4 of the Act: for same public purpose came up for consideration, before this Court. This court by Its Judgement in rea 554/92 Dharambir & Ors. vs Union of india decided on 23/9/96 assessed the market value at Rs.25,000.00 per bigha but restricted payment of compensation to claimants Rs.22,000.00 per bigha. The reference court had however, In the said cases assessed market value @ Rs.17,500.00 per bigha. Appeal was carried to Supreme Court In the said case and finally the Supreme Court In Civil Appeal No. 4-105/97 Union of india Vs. Dharambir & Ors. while allowing the appeal of the State Government held that Rs.16,750.00 per bigha was the fair market value of all categories of land situate at village Mamurpur as on 30/10/1963. The reasons which prevailed with Supreme Court in approving the assessment of compensation made by reference court and In upsetting the Judgement of Division Bench of this Court are to be found In the following passage;-