S.S. AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this common judgment two appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) are being decided wherein the appellants have sought further enhancement in the amount of compensation payable to them. On 6.1.1995 notification under Section 4 and Section 17(1) of the Act was issued notifying the intention of the Government to acquire land situate in village Jasola, Delhi at public expense for public purpose, namely, construction of Sewerage Treatment Plant under Planned Development of Delhi. Declaration under Section 6 of the Act was made on 10.1.1995. The Collector Land Acquisition proceeded to make his award No. 10/95 -96 of village Jasola on 11.10.1995 offering to the claimants compensation @ Rs. 96,875/ - per bigha (Rs. 96.80 per sq. yard). Feeling dis -satisfied the appellants sought references. The reference court by the impugned awards dated 29.9.1997 answered the references under Section 18 of the Act and held the appellants entitled to compensation at the market rate of Rs. 1,02,000.00 per bigha (Rs. 102/ - per sq. yard). Still feeling dis -satisfied the claimants have sought further enhancement in the amount of compensation in these appeals. Their claim is that they are entitled to compensation at Rs. 10,000/ - per sq. yard. but due to paucity of funds have affixed court fee on claim @ Rs. 7,000/ - per sq. yard.

(2.) LAND situate within revenue estate of Jasola has been subject matter of acquisition ever since the Government started acquiring lands for Planned Development of Delhi. Firstly land situate in this revenue estate was acquired on the basis of notification issued under Section 4(1) of the Act on 13.11.1959. More land was acquired by two subsequent notifications issued under Section 4 of the Act on 24.10.1961 and 6.4.1964. Revenue estate of village Jasola and village Bahapur were adjacent to each other and both were declared as urbanised by notification No. F -2(49)/65 -LSG dated 28.5.1966 issued under Section 507(A) of Delhi Municipal Corporation Act, 1957 (Ex. A -1), which was published on 3.6.1966. Village Jasola is mentioned at Sl. No. 19 of South Delhi Zone in the said notification. After the land had been declared urbanised by the Delhi Administration on 28.5.1966 it was declared to be a development area in 1974 when notification was issued under the provisions of Delhi Development Act. More land was acquired in Jasola by notification issued under Section 4 of the Act on 5.6.1979. Thus the development activity, which commenced in the revenue estate, when the land was acquired through notification dated 13.11.1959 continued unabated and the pace of development accelerated when more and more land was acquired till 1979. The topography of village, its importance and location may be noticed that it is situate on Mathura Road. Localities of Sukhdev Vihar, Ishwar Nagar, Jasola DDA flats, Jasola Colony, Apollo Hospital, Harkesh Nagar, Sarita Vihar, part of Mohan Co -operative Industrial Area, Okhla Industrial Area Part II, Friends Colony are situate and have been developed on the acquired land of village Jasola acquired till 1979. The adjoining revenue estate is Bahapur. On the acquired land of village Bahapur are located posh colonies and business centre e.g. Kalkaji and Nehru Place. As such on the date of issuance of notification under Section 4 of the Act on 6.1.1995 revenue estate of Jasola was not only an urbanised land but also a development area where lot of development activity had already take place and had become one of the prestigious areas in the National Capital Territory of Delhi. Ever since Jasola was declared a developed area in the year 1974, all civic facilities like electricity, water, sewerage, roads, hospital, telephone connections etc. were available. Thus the left over area of the revenue estate had great potential of being utilised both for residential as well as for commercial and industrial purposes. The Land Acquisition Collector in his award also noticed this aspect that land under acquisition was urbanised in the year 1966 and was declared development area in the year 1974. He, however, under erroneous assumption treated the area only as agricultural land for the purpose of assessment of compensation, contrary to the provisions of Section 23 of the Act, when he said that land was still arable and continued to be used as agricultural land since it was being used for growing crops and vegetables. For this reason alone the Collector Land Acquisition opined in his award that the rates announced by Land and Building Department for different areas of city, though may be taken into consideration in assessing market value of land but in the instant case being agricultural land same cannot be applied. He observed: - -

(3.) LEARNED Counsel for the appellants vehemently contended that since the land had already been declared urbanised almost 29 years prior to issuance of notification under Section 4(1) of the Act and had been declared to be development area about 21 years prior to issuance of notification under Section 4(1) of the Act, the acquired land had great potential for being utilised for residential, commercial as well as for industrial purposes which aspect has altogether been ignored not only by the Collector but also by the reference court. Learned Counsel for the appellant placed reliance upon the decision in Anar Singh vs. Union of India, AIR 1985 SC 298 wherein this Court compared the land situate in village Bahapur with the land of revenue estate Jasola observing that potential value, location and situation of both the villages is similar and both are adjacent and quite close to each other. It was further observed: - -