BABU LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals pertain to land falling within the revenue estate of village of Jasola in Delhi. Through a notification issued on 6th April, 1964 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') large areas of land falling within village Jasola were sought to be acquired. The said notification under Section 4 was followed by a declaration under Section 6 of the Act on 7th December, 1966. The Land Acquisition Collector made award dated 30th January, 1979 bearing No. 39/78-79 and Award No. 23/79-80 (suppl.) announced on 31st October, 1979. The market value of the land covered under Award No. 39/78-79 was fixed by the Collector at uniform rate of Rs. 4,000.00 per bigha except for the land falling in Khasra No. 91/1 for which an amount of Rs. 500.00 per bigha was awarded on account of the fact that it abutted on the main Delhi-Mathura road. Under Award No. 23/79-80 (suppl.), the Collector divided the land into three blocks, namely, block "A", "B" and "C" and fixed the market value at Rs. 4,000.00, Rs. 2,500/- and Rs. 1,000.00 per bigha respectively. The land owners sought reference under Section 18 of the Act. The learned Addl. District Judges who dealt with the cases which are subject matter of the present appeals fixed the market value of the acquired land at Rs. 11,500.00 per bigha. They relied on a decision of this Court in RFA No. 396 of 1979 decided on 17th April, 1984, Anar Singh Vs. Union of India, reported in AIR 1985 Delhi 298. In this case, this Court fixed the market value of the land in village Jasola at Rs. 10,000.00 per bigha for its notification under Section 4 of the Act dated 24th October, 1961. The reference Courts took this as the bare figure and granted increase at the rate of 6% per annum over and above the rate of Rs. 10,000.00 per bigha. By this method they arrived at the market value of Rs. 11,500.00 per bigha as on 6th April, 1964 which is the date of notification under Section 4 in the present appeals.

(2.) The land owners have filed the present appeals claiming that the market value of their acquired land be fixed at Rs. per 50,000.00 bigha. Originally the claim of the appellants in these appeals was lesser. However, by way of amendments, the claim has been enhanced by the appellants to Rs. 50,000.00 per bigha. The amendments have already been allowed in all the appeals and the requisite court fee already stands paid.

(3.) Village Jasola falls on both sides of the Delhi-Mathura road. It is adjacent to village Bahapur on one side of the road and on the other side of the road also it is adjacent to village Bahapur on one side and village Okhla on the other side. Admittedly there are no sale transactions pertaining to village Jasola. Therefore, the market value of the land in this village has to be fixed on the basis of decisions pertaining to the same village or the adjoining village. Of course, no decision is available for the same date of Section 4 notification i.e., 6th April, 1964. We have to go by the decisions with respect to the nearest dates of Section 4 notification. In Anar Singh (supra) which pertains to village Jasola the date of Section 4 notification being 24th October, 1961, this Court had to ultimately rely on the decision of this Court with respect to village Bahapur. Certain observations in Anar Singh's case, are quite relevant and instructive. On reliance placed on decisions with respect to village Bahapur it was observed, "village Bahapur adjoins village Jasola on both sides. However, prices of the land in village Bahapur were rising, it is not possible to say that there was no increase in the value of the land in village Jasola"; xxxx." It was also observed that "there may not be any sale transaction in village Jasola. The transactions of the adjoining village can be a good guide when there is no evidence available in this village. This is well-settled."