SARVODYA COOPERATIVE HOUSING SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal for enhancement of compensation arises out of acquisition of appellant's land in Village Mohammedpur Munirka, New Delhi, in pursuance to Notification under Section 4 of the Land Acquisition Act issued in the year 1957. Vide Award No. 883 Land Acquisition Collector had fixed the market value of the land in question @ Rs. 12000/- per bigha and said Award was challenged by the appellant before a civil Court, who had set aside the acquisition of the land in question and the appeal against it also failed. However, it is not in dispute that vide order of 21st August 1961, civil Court exercising appellate jurisdiction who was seized of aforesaid Notification of the year 1957, had left the question of fresh acquisition of the land in question open. It is also not in dispute that the possession of the land in question was taken by the respondent and compensation amount was paid to the appellant, who had accepted it under protest qua its quantum. With a view to retain the possession of the land in question, respondent had again issued a Notification under Section 4 of the Land Acquisition Act on 14th July, 1981, which was followed by Award No. 61/82/83, whereby market value of the land in question was fixed by the Land Acquisition Collector @ Rs. 15000/- per bigha. Reference Court vide impugned judgment of 18th May, 2004, has maintained the compensation amount granted by the Land Acquisition Collector @ Rs. 15000/- per bigha, while holding that the quashing of the earlier Notification of the year 1957 by the civil Court was a nullity and that after the civil Court decision the compensation of the land in question had remained with the respondent and compensation received by the appellant was not returned.

(2.) The evidence led before the Reference Court comprises Award No. 5/2001-02 (Ex. P-1) of Delhi Patti, Punjabi Bagh area relating to Notification issued on 8th August, 2000 under Section 4 of the Land Acquisition Act, certified copy of Award No. 1/DCW/2001-02 (Ex.P-2) of Village Basai Darapur, pertaining to Notification under Section 4 of the Land Acquisition Act issued on 5th April, 1999. Regarding instances of sale of plots of different sizes in the adjoining land in the year 1980-81, there is deposition of the concerned official (PW-1) of the Delhi Government and in respect of Office Order of 23th October, 1981 (Ex.P-2/A) issued by the Ministry of Works and Housing notifying the land rates fixed by the Government in respect of different colonies in Delhi for the period from, the year 1981 to 1985, there is deposition of another official PW-2 from Government's Land and Development Department. The Patwari (PW-3) of the village in question had deposed before the Reference Court to the effect that as per record quarters were built on the land in question during the years 1979 to 1983, which was shown as 'gair mumkin abadi'. PW 4-Joint Secretary of the appellant-society had deposed regarding the land in question being agricultural land, when it was acquired in the year 1957 and that there was no development on the land in question till its acquisition and after its acquisition in the year 1957, it was developed by CPWD. As per the deposition of this witness (PW 4) Government residential quarters were built upon the land in question.

(3.) To claim enhancement of compensation @ Rs. 30,000/- per bigha, it was deposed by appellant's witness-PW-4 that Hyatt Regency Hotel and Bhikaji Cama Place had come up in the vicinity of the land in question. Respondents had relied upon deposition of the Executive Engineer (RW-1) of CPWD regarding development cost of the land in question being @ Rs. 39.60 per sq. metre as on 23rd April, 1981.