NASIR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) In a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act) the learned Additional District Judge, Delhi had fixed the market value of the acquired land of the appellant at the rate of Rs. 1,200.00 per sq. yd. vide impugned judgment dated dated 12th October, 1993. The appellant has filed the present appeal against the said judgment claiming that the compensation be awarded to him on the basis of market value of the land at the rate of Rs. 4,200.00 per sq. yd. Originally the appellant had claimed compensation at a lesser rate in the appeal. However, during the pendency of the appeal the claim was by way of amendment enhanced to Rs. 4,200.00 per sq. yd. and the requisite Court fee on the enhanced claim stands paid.

(2.) The appellant's acquired land falls in Khasra Nos. 616/376/2 mill,616/376/ 3 mill and 616/376/4 min in Village Chowkri Mubarikabad in Delhi. The appellant has claimed compensation with respect to an area of 900 sq. yds. in the said Khasra numbers. The date of notification undersection 4 of the Land Acquisition Act is 10th September, 1987. The declaration under Section 6 was issued on 9th February 1988. The Land Acquisition Collector vide his Award No. 28/89-90 dated 6th February, 1990 fixed the market value of the acquired land at Rs. 200.00 per sq. yd. In the reference under Section 18 of the Act the learned Additional District Judge enhanced the market value of land and awarded compensation to the appellant al the rate of Rs. 1,200.00 per sq. yd. The appellant has claimed compensation at the market value of Rs. 4.200.00 per sq. yd. in the present appeal.

(3.) The learned Counsel for the appellant mainly relied upon a decision of this Court in R.F.A. 131 of 1988, Ram Lal Bansiwal v. Union of India, in which this Court fixed the market value of land in the same village at the rate of Rs. 2,320.00 per sq. yd. The date of notification undersection 4 in the said case was 27th July, 1984. The claimant in the said case approached the Supreme Court against the decision of this Court praying for further enhancement of compensation. The Supreme Court in Civil Appeal No. 1328/97 arising out of S.L.P, No. 10661 /96 by its judgment dated 17th February, 1997 fixed the market value of land at Rs. 3,000.00 per sq. yd. The learned Counsel submitted that the date of notification under Section 4 under consideration in the said decision of the Supreme Court was 27th July, 1984 whereas the date of Section 4 notification in the present case is 10th September, 1987. Thus there is a gap of more than three years for which suitable enhancement ought to be made. In this behalf the learned Counsel further relied on the fact that the Collector in his award had fixed the market value of land in the present case at Rs. 200.00 per sq. yd. as against the market .value of the land fixed by the Collector in Ram Lal Bansiwal's case at Rs. 60.00 per sq. yd. He submitted that the Collector thus enhanced the compensation more than three times on account of the three years time difference between the two notifications. Accordingly as per the calculation of the learned Counsel for the appellant he is entitled to compensation at a rate more than three times of the rate fixed by the Supreme Court in Rani Lal Bansiwal's case which comes to more than Rs. 10,000.00 persq.yd. He, however, claims compensation only @ Rs. 4,200.00 per sq. yds.