UNION OF INDIA Vs. SHAMSHER BAHADUR

JUDGEMENT

(1.) This judgment will dispose of Regular First Appeal Nos. 258 and 338 of 1972. Regular First Appeal No. 258 of 1972 is filed by the Union of India in which Mr. Justice Shamsher Bahadur, herein referred to as 'the claimant', and M/s. Housing and General Finance Private Limited, herein called 'the coloniser', are respondents Nos. I and 2 respectively. RFA 338 of 1972 is filed by the claimant in which the Union of India and the coloniser are respondents Nos. 1 and 2 respectively. Both the appeals are directed against the judgment dated March 17, 1972 of the learned Additional District Judge, Delhi in a reference under section 18 of the Land Acquisition Act, herein called 'the Act', made at the instance of the claimant, who was the owner of land, measuring 2 bighas and 18 biswas herein referred to as 'the land in question', in field No. 791/5 etc., which he had purchased on April II, 1944 from the coloniser. The land in question is situated in a colony developed by the coloniser which in turn forms parof a large block of land measuring 1648 bighas and 3 biswas situated in the revenue estate of Jhilmila Tahir, which is the subject matter of acquisition and of the award No. 8/1969 passed by the Land Acquisition Collector.

(2.) The notification under section 4 of the Act was made on October 24, 1961. The notification under section 6 of the Act was issued on October 26, 1969. The area under acquisition consisted of small individual plots, but the Collector considered it not possible to work out the value of each and every plot and assess separate values thereof. According to him the entire area under acquisition constituted a large block measuring 1648 bighas and 3 biswas and hence it had to be assessed as such. He divided the entire area into four categories : (1) The first category consisted of land left for common purposes like roads, parks, etc. in the residential colony known as Dilshad garden colony. The value of this land, was assessed by him at Rs. 2000.00 per bigha, (2) the second category was of land earmarked for commercial purposes. Its value was assessed at Rs. 10,000.00 per bigha, (3) the third category was land earmarked for cinema which was valued at Rs. 15,000 per bigha, and (4) the fourth category consisted of the remaining land which was in the shape of separate plots for residential purposes and which was valued at Rs. 7000 per bigha. While fixing the market value of land in this category, the Collector referred to an earlier award No. 2111 for land in Jhilmil Taharpur, where the market value of land had been fixed at Rs. 5000.00 The Collector found that the situation and location of the land in this case was much better than of the land acquired under award No. 2111, inasmuch as it was much closer to Shahdara and Delhi and was fairly inhabited. Grand Trunk Road from Delhi to Ghaziabad runs at a distance of about 1 to 2 furlongs towards the Southern side of this land. He was, therefore, of the view that the market value of land under acquisition was bound to be much more than that of the land acquired under the award No. 2111.

(3.) Before the Additional District Judge, a compromise was reached between the coloniser and the plot-holders, according to which the area for the common purposes was determination to be 23.77 per cent of the plotted area. Eighty per cent of compensation for the same was to be paid to the plot holders, while 20 per cent was to go to the coloniser. The share of the claimant in such land was II biswas (claimed to be 14 biswas by the claimant).