BHULEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Claimants in these appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) are seeking further enhancement in the amount of compensation. Subject matter of the appeals is the land situate in village Ziauddinpur, Delhi which was acquired for public purpose, namely. Planned Development of Delhi through notification issued under Section 4 of the Act on 6.3.1965. Declaration under Section 6 of the Act was made on 7.1.1969. The Collector Land Acquisition made his award No.39/80-81 on 9.7.1980.

(2.) After the Collector Land Acquisition in his award offered compensation to the claimants @ Rs.2,000/- per bigha reference was sought by the claimants. The reference court by the impugned award answered the reference holding the claimants entitled to compensation @ Rs.4,770/- per bigha. The reference court in assessing the market value relied upon sale deed Ex.A-1 dated 11.3.1964. By this sale deed land measuring 5 bighas was sold for a consideration of Rs.22,500/-. Another sale deed Ex.A-2 was also relied upon by the claimants which was executed subsequent to the notification issued under Section 4 of the Act. This sale deed Ex.A-2 was executed on 3.10.1966. One bigha land was sold for Rs.7,000/-. Relying upon the earlier sale deed it was held by the reference court that Rs.4,500/- per bigha was the fair market value of the land in village Ziauddinpur as on the date of sale i.e. 11.3.1964. Therefore, in order to assess fair market value as on the date of notification i.e. 6.3.1965 the reference court by allowing appreciation @ 6% p.a. from 11.3.1964 to 6.3.1965 held Rs.4,770/- per bigha to be the fair market value.

(3.) Learned counsel for the appellant urged that the revenue estate Ziauddinpur was a Be Chirag revenue estate and was surrounded by Gopalpur on the East, Mirpur Turk in the West, Mauzpur in the South and Johripur towards North. Wazirabad Road passes through this village and connects Wazirabad Bridge to Loni Road. For construction of the said road land situate in village Ziauddinpur was acquired through notification issued under Section 4 of the Act on 16.3.1961. The road was constructed from Wazirabad Bridge to the Junction of Loni Road at Gokulpur, Delhi. Market value of the land acquired through notification dated 16.3.1961 was finally determined by this Court in Swarup Chand & Anr. vs. Union of India 44(91) DLT 652 @ Rs.2,500/- per bigha. Claimants land was acquired four years subsequently for Planned Development of Delhi. Therefore, it was urged that due to the construction of road market values of the lands situate in Ziauddinpur had increased substantially which aspect deserves to be taken note of and compensation deserves to be determined @ Rs.15,000/- per bigha since this Court in RFA 174/80 Jagat Singh and another vs. Union of India, decided on 20.9.2001 has already the assessed market value of land situate in village Mauzpur at Rs.9,000/- per bigha as on 13.11.1959. It was contended that village Mauzpur is towards Southern side of Ziauddinpur, Delhi and in Jagat Singh's case (supra) this Court had made the following observations as regards the location of village Mauzpur vis-a-vis Ziauddinpur:-