SATYA WATI Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals filed under section 54 of the Land Acquisition Act, 1894 (for short 'the Act') arise out of a common judgment dated 10 December 1969 of the learned Additional District Judge, Delhi, passed on a reference under section 18 of the Act.

(2.) A notification under section 4 of the Act was issued on 18 January 1960 acquiring plots bearing no. 18,20 to 24, 102 and 103 situated in Roop Nagar, Delhi. Plots No. 18 and 20 to 24 abut on main G.T. Road while plots No. 102 and 103 are in the back lane of the other plots. Thus, while plots 18 and 20 to 24 are in Block 'A', plots 102 and 103 are in Block 'B ' of the Roop Nagar. The Land Acquisition Collector by his Award No. 1865 dated 12 November 1965 arrived at the market value of the land at the rate of Rs. 53.00 per square yard for the plots abutting on the main G.T. Road, and the market value of the plots Nos. 102 and 103 was arrived at Rs. 36.00per square yard. On a reference made, the learned Additional District Judge fixed the market value of the plots of land on the main G.T.Roadat Rs.90.00 per square yard and for the plots in the back lane at Rs.75.00 per square yard. Apart from this, solatium and interest as per the Act were also awarded. Aggrieved by this judgment the appellants have appealed. They claim the market value of the acquired plots of land at the rate of Rs.200.00per square yard. Both Mr. Agnani and Mr. Atul Kumar have taken us through the evidence on record and we find that the best evidence in this case has been three sale certificates issued by the Competent Authority under the Displaced Persons (Compensation and Rehabilitation) Act, 1956. Plot bearing No. 150 measuring 155 square yards was auctioned on 9 May 1956 under the Displaced <PG>582</PG> Persons(Compensation & Rehabilitation) Act at a price of Rs.34,000.00 (Ext.AW5/l); plot bearing No. 153 measuring 163 square yards was auctioned on 16 June 1958 under the same Act at a price of Rs.39,750.00(Ext.AW5/2); and plot bearing No. 156 measuring 257 square yards was auctioned on 5 February 1968 at a price ofRs.49,000.00 (Ext. AW5/3). The price of land per square yard respectively works out at Rs.219.25, 243.90 and 190.66. These three plots are situated just above plots bearing Nos.22 to 24 and 18. We think we should not take into account the market price of plot bearing No. 153 as it is a plot with three sides open and the plots under acquisition are two sides open plots. The price of the plots, therefore, bearing Nos. 150 and 156 will be relevant taking into account the price of the land for the years 1956 and 1968. Further, it is well known fact that when property is purchased under the Displaced Persons (Compensation & Rehabilitation) Act, the price is paid by means of claim and at the relevant time one rupee claim was being sold at 11 annas (70 paise). Therefore, in arriving at the average price we are of the opinion that the market price would work out to Rs. 150.00 per square yard for plots bearing Nos. 18 and 20 to 24 which abut on the main G.T. Road. The learned Additional District Judge has given Rs.15.00 per square yard less for the plots bearing Nos. 102 and 103 which are on the back of the aforesaid plots. We think he was quite right in awarding Rs. 15.00 per square yard less for these two plots. Accordingly, the value of the plots bearing Nos. 102 and 103 is fixed at Rs.135.00 per square yard.

(3.) Accordingly, the appeals are allowed to the extent aforesaid. The value of the land of plots bearing Nos. 18,20 to 24,102 and 103 is enhanced by Rs.60.00 per square yard. Apart from this, the appellants will be entitled to solatium at the rate of 15% on the enhanced amount of compensation, and interest at the rate of 6% per annum as well on this amount from the date of possession of the plots in question till payment. Appellants will also be entitled to proportionate costs limited to court fee.