DHARAM SINGH AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under S. 54 of the Land Acquisition Act, 1894, against an award made on 8-4-1975 by Additional District Judge, Delhi, determining the amount of compensation.

(2.) Appellant's land situated in Village Khiala was acquired for planned development of Delhi for the execution of Interim General Plan for Greater Delhi, by virtue of notification issued under S. 4 of the Land Acquisition Act on 3-9-1957. The declaration was made on 26-6-1961. Collector, Land Acquisition, made his award on 31-8-1961 and fixed the market value of the land at Rs. 600.00, Rs. 300.00 and Rs. 200.00 respectively for the three categories of land. The reference Court through the impugned award enhanced the amount of compensation by fixing market value at Rupees 3,000.00 and Rs. 2,500.00 per bigha. This Court in a number of appeals arising out of the same notification issued on 3-9-1957 for village Khiala has fixed market value of the land at Rs. 10,000.00 per bigha irrespective of the classification of the land. One of the cases so decided by this Court is Privayart Vs. Union of India, R.F.A. 208/1975 decided on 16-9-1994 which was also made the basis for deciding subsequent appeals in Chameli Devi Vs. Union of India, R.F.A. 243/1975 decided on 17-7-1995. The appellants have also prayed for grant of compensation at the same rate which has been allowed in the case of Priyavart (supra) and Chameli Devi (supra). There is no material on record as to why the appellants be not allowed the same amount of compensation as earlier allowed for similar lands acquired under the same notification for same public purpose.

(3.) In view of the above, we allow the appeal holding the appellants to be entitled to compensation for acquisition of land at market rate of Rs. 10,000.00 per bigha irrespective of its classification. The appellants shall also be entitled to solatium at 15% per annum and the interest @ 6% per annum on the enhanced amount from the date of acquisition till payment, with proportionate costs. Appeal allowed.