LAWS(DLH)-1991-7-12

TAIMUR JEHAN BEGUM Vs. UNION OF INDIA

Decided On July 16, 1991
TAIMUR JEHAN BEGUM Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS is not a routine kind of land acquisition matter because only the appellant's building was acquired for a specific purpose which was situated in the heart of the city. Neither any other building in the same area has been acquired nor any commercial transaction had taken place in the immediate past to provide us any basis or quideline on which a reasonable market value of the land and building acquired can be satisfactorily determined. In the absence of any tangible evidence on record, it is difficult to evaluate the value of the land and building acquired. We have also taken into consideration the fact that the land and building acquired was situate in the heart of the city and its proximity - with Chitli Qubar, Jama Masijid and Daryaganj. The additional District Judge has awarded Rs. 55.00 per square yard whereas the appellant has prayed for Rs. 150.00 per squre yard. We have also taken into consideration the architectural value of the building, and after giving careful consideration to the facts and circumstances, we have come to the conclusion that just and fair compensation of the land and building in dispute would be Rs. 100.00 per squre yard. The appellant is entitled to compensation at the rate of Rs. 100.00 per squre yard. The appellant will be entitled to solatium at the rate of 15 percent and interest at the rate of 6 percent per annum on the enhancedd amount from the date of dispossssion till payment