UNION OF INDIA Vs. HUKUM CHAND

JUDGEMENT

(1.) . Subject matter of the appeal is the land situate in Village Yusuf Sarai, Delhi, which was acquired for public purpose by virtue of notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') on 24.5.1961. Declaration under Section 6 of the Act was made on 27.7.1961. The Collector, Land Acquisition made his Award No. 1259 on 31.1.1962, offering compensation to the claimants @ Rs. 3,600/- per bigha. Feeling dissatisfied, reference under Section 10 of the Act for determination of the amount of compensation was sought by the claimant-respondent. The Reference Court by the impugned award, dated 20.8.1987 answered the reference as LAC No. 157/80 and thereby determined the market value payable to the claimant/respondent @ Rs. 16,000/- per Bigha. Feeling aggrieved, this appeal under Section 54 of the Act has been preferred by the Union of India seeking reduction in the amount of compensation and also questioning the award of additional amount under Section 23(1-A) of the Act and interest and solatium as per the Land Acquisition (Amendment) Act, 1984. The claimant-respondent has also filed cross-objections seeking further enhancement in the amount of compensation.

(2.) We have heard learned Counsel for the parties and gone through the records.

(3.) As per the evidence on record, the acquired land was situate by the side of main Mehrauli Road within the revenue estate of Yusuf Sarai and as on the date of notification issued under Section 4 of the Act, developed colonies like Green Park and Hauz Khas were in existence. Green Park colony was just opposite the Mehrauli Road and Hauz Khas colony was in the same vicinity within 100 yards towards the south. Acquired land was close to the Yusuf Sarai Market and in between the acquired land and the main road, there was D.A.V. Higher Secondary School. On behalf of claimants/respondents, enhancement has been sought on the ground that revenue estate of Yusuf Sarai is surrounded by revenue estates Masjid Moth, Kotla Mubarakpur and Kharera. Many posh colonies like New Delhi South Extension Part-II, Village Green Park, Hauz Khas colonies, All India Institute of Medical Sciences, Safdarjung Hospital etc. were already in existence and in the close proximity of the acquired land and the same was by the side of Main Delhi-Mehrauli Road. As on the date of notification, under Section 4 of the Act all civic amenities like electricity, road, transport, sewage, telephone and schools etc. were available to the acquired land. Revenue estate of Yusuf Sarai came within the limits of New Delhi Municipal Committee in the year 1941. The acquired land as such, was fit for being used for being developed as a residential colony. There was already a great pressure for vacant lands in all localities of Delhi more particularly since in the year 1959, when general notification had been issued for acquiring considerable land in various revenue estates for planned development of Delhi.