RAGHBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE land of the appellants comprised in Khasra nos.58, 58/2, 58/1 and 2/2 min, totalling 10 bighas 15 biswas situated in the revenue estate of Village Shahbad Mohd. Pur, Delhi was notified under Section 4 of the Land Acquisition Act vide Notification dated 22.12.1987. The compensation in respect of the aforesaid land was fixed by the Land Acquisition Collector vide award no.26/89-90. The Land Acquisition Collector granted compensation @ Rs.15,000/- per bigha to the appellants. Since the appellants were not satisfied with the compensation awarded by the Land Acquisition Collector, they sought reference under Section 18 of the Land Acquisition Act. On such reference having been made, the learned Additional District Judge vide judgment dated 3.8.2002, enhanced the compensation to Rs.70,000/- per bigha. She also held that the appellants would be entitled to interest on the additional amount payable under Section 23-IA as well as on the amount of solatium. No cross objections have been filed against the order of learned Additional District Judge. The appellants, however, are not satisfied with the compensation awarded to them and are before this Court by way of this appeal.

(2.) WHEN this matter was taken up for hearing on 30.8.2012, the learned counsel for the respondent Mr. Sanjay Kumar Pathak pointed out that in terms of the decision of this Court dated 2.11.1988 in LA APP. No.724/1995, 'Balak Ram vs. UOI, the compensation for the land in respect of this Village, acquired vide notification dated 27.1.1984 had been assessed at Rs.47,224/- per bigha and since the learned Additional District Judge had already awarded compensation at a much higher rate, the appeal deserves rejection on merits.

(3.) SINCE the market value of the land in Village Shahbad, Modh. Pur, Delhi was assessed by this Court at Rs.47224/- in respect of the land notified vide notification dated 27.1.1984 and the Government fixed circle rate of the similar land at Rs 4.65 lakh per acre, as on 01.04.1990, it is evident that there has been appreciation in the market value of the aforesaid land to the extent of Rs.49,651/- per bigha between 27.1.1984 and 1.4.1990. Broadly, the aforesaid appreciation comes to 105% between 27.1.84 to 1.4.90. On an approximate basis, the increase in the market value of the land in question during this period comes to Rs.1.42 % pre month. Therefore, in my view, it would only be just, fair and reasonable to award compensation to the appellants, taking the appreciation in the land value between 27.1.1984 to 22.12.1987 @ 1.42% per month. Computing accordingly, the market value per bigha, as on 22.12.1987 comes to Rs.78,740/- per bigha.