BHOLA NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under section 54 of the Land Acquisition Act (hereinafter referred to as the Act) is directed against the judgment dated 27th September, 1980 passed by the learned Addl. District Judge, Delhi in a reference under section 18 of the Act. The land subject matter of the present appeal falls within the revenue estate of village Bahapur, Delhi. As per notification published on 3rd June, 1966 in the Official Gazette of Delhi (Ex.P-3), village Bahapur,ceased to be a rural area. A notification under Section 4 of the Act for acquiring the lands subject matter of the present appeal for public purposes, namely, planned development of Delhi was issued on 30th June, 1978. The declaration under section 6 of the Act was issued on 9th February, 1979. Award with respect to the acquired land was announced by the Land Acquisition Collector-on 25th June, 1979. The Collector had categorised the land into three categories, namely, Block A, Block Band Block C. The land of the appellants in the present appeal falls within Block A and the Collector awarded compensation @ Rs.84/- per sq.yard as against the claim of the appellants before the Collector @ Rs.5,000/-per sq.yard.

(2.) In the reference under section 18 of the Act, the learned Addl. District Judge enhanced the rate from Rs. 84.00 per sq.yard fixed by the Collector to Rs. 175.00 per sq.yard. Not satisfied with the decision of the Addl. District Judge, the appellants have approached this Court by way of the present appeal. The appellants originally claimed in this appeal that they be awarded compensation @ Rs. 575.00 per sq.yard. However, as a result of amendments allowed by this Court, the appellants have laid a claim for compensation @ Rs. 3,000.00 per sq.yard and have paid the requisite court fee on that basis.

(3.) The emphasis from the side of the appellants in the present case is on the potential value of their land because of its situation and location. According to the appellants, the land is adjacent to important and prestigious commercial centres of Delhi. The Okhla Industrial Area is on one side while the Nehru Place District Commercial Centre is on the other side. It is a well-known fact which was accepted by the learned Addl. District Judge also in the impugned judgment that Nehru Place Commercial Complex was envisaged as the largest commercial complex in Asia and the land subject matter of the present appeal is hardly about 300 sq.yards from the said Centre. The well-known Mata Ka Mandir at Kalkaji is almost next doors to the land in dispute. About the location of the land, there is a report of theTehsildar of the area on record which is Ex.RW-2/1. This report gives the boundaries of the land subject matter of the present appeal as under:-