MADAN MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals which are being dealt with by this common judgment are against the common judgment dated January 2, 1967, of the Additional District Judge, Delhi, in Land Acquisition Cases Nos. 489 of 1962 and 511 of 1962. The Additional District Judge gave judgment upon references made to him under section 18 of the Land Acquisition Act, 1894, on behalf of the respective appellants. The land involved in the two appeals measures 50 bighas 19 biswas and is situated in estate Sadhora Kalan, Delhi. Out of this land 35 bighas 7 biswas belong to Shankar Dass Seth (appellant in R.F.A. No. 78 of 1967) and 15 bighas 12 biswas belong to Madan Mohan (appellant) in R.F.A. No. 77 of 1967). These two pieces of land adjoin each other. The appellants had, in 1958, submitted a lay-out plan to build a colony to be known as Sangham Park. This lay-out plan was sanctioned by the Municipal Corpation of Delhi as communicated in their letter dated September 30, 1958 subject to two conditions which are not relevant for the purpose of these appeals. In anticipation of the sanction, the appellants agreed to sell about 20 plots of land comprising areas of 160 and 200 square yards. 10 of these plots were agreed to be sold for a price of Rs. 25.00 per square yard out of which Rs. 5.00 per square yard were for laying services. These 19 agreements to sell were entered into between June and August, 1958. The 20th plot of land measuring 200 square yards was agreed to be sold in December, 1958 to Smt. Kailash Kumari at Rs. 32.50 per square yard out of which Rs. 5.00 per square yard were for laying services.

(2.) By a notification dated December 9, 1958 published in the Delhi Gazette on December 18, 1958 issued under section 4 of the said Act, the entire 50 bighas 19 biswas of land was sought to be acquired by the Government at the expense of the Naveen Bharat Co-operative House Building Society Limited, for the construction of houses for the members of that Society. This notification was, however, cancelled by another notification dated June 21, 1961, published in the Delhi Gazette on July 6, 1961. On the very same date another notification was issued under section 4 of the said Act giving notice of acquisition of the said land for the planned development of Delhi. This was followed by a notification under section 6 of the said Act dated October 28, 1961. published in the Delhi Gazette on November 16,1961.

(3.) By his award dated December 26, 1961, the Land Acquisition Collector (1). Delhi, offered to the appellants compensation at the rate of Rs. 7,000.00 per bigha. The Land Acquisition Collector proceeded to calculate the compensation on the basis of plotted area and observing that the rates of land in the colony remained stationary between 1958 and 1961, took the value of the plotted land to be Rs. 25.00 per square yard on the basis of the aforesaid agreements to sell. He deducted Rs. 8.00 per square yard towards cost of development and arrived at the cost of the land of plotted area at Rs. 17.00 per square yard. Relying upon the statement of the owner that half of the land was to be left for common purposes, he calculated the cost of the gross land to be Rs. 8.50 per square yard and from that deducted a further amount of Rs. 1.50 per square yard on account of "great amount of botheration in getting the services of the plan sanctioned by the Municipal Corporation" and fixed the price of the gross land at Rs. 7.00 per square yard or Rs. 7.000.00 per bigha. Upon the reference. the Additional District Judge found that the value of the land in December, 1958 would be about Rs. 9,000.00 per bigha but taking into consideration the rising trend in prices fixed the compensation at Rs. 12.000.00 per bigha on the date of the second section 4 notification in 1961. In coming to this conclusion, the Additional District Judge found:-