RAM KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Agricultural land admeasuring 270 bighas 15 biswas of village Iradat Nagar, Delhi, was acquired by the Government pursuant to a notification dated 3rd June, 1987 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the `Act'.) Vide award No.2/88-89, the Land Acquisition Collector awarded compensation @ Rs.8,790/- per bigha besides the statutory benefits.

(2.) On reference being made under Section 18 of the Act, the Reference Court enhanced the compensation to Rs.27,000/- per bigha. The learned Additional District Judge while awarding enhanced compensation has largely relied upon the sale deed, Ex.P-2 dated 14th May, 1986 executed by Kehar Singh & others in favour of Hari Singh by which they sold their land measuring 1 bigha 10 biswas situated in village Iradat Nagar for a consideration of Rs.45,000/-. The vendee had incurred an extra expenditure of Rs.3,600/- towards the stamp duty and corporation tax and taking into account the total cost, the Court came to the conclusion that the market value of the land in village `Iradat Nagar' was Rs.32,400/- per bigha in May, 1986. However, placing reliance on the Supreme Court judgments in the cases of Administrator General of West Bengal vs. Collector, Varanasi, reported as AIR 1988 SC 943 and Spl.Tehsildar, Land Acquisition, Vishakapatnam vs. Smt. A.Mangala Gowri, reported as AIR 1992 SC 666, the Reference Court discounted the said value by 20% on account of the development charges. The learned Additional District Judge, however, increased the said amount by Rs.1000/- per bigha per annum in view of the fact that the notification under Section 4 of the Act was issued on 3rd June, 1987, i.e. after 13 months of the execution of the above sale deed.

(3.) Mr.Deepak Khosla, learned counsel appearing for the appellants has assailed the impugned judgment mainly on the ground that the deduction of 20% made from the market value of the land established through sale deed was unwarranted and could not have been made particularly when the land which was transferred by means of sale deed dated 14th May, 1986, Ex.P-2 and the land acquired by the respondent-UOI were agricultural land in nature. On the other hand, Mr.Sanjay Poddar, learned counsel representing the Union of India has justified the deduction on account of the development charges.