JUDGEMENT
V.K.JAIN,J. -
(1.)THE land of the appellants comprised in Khasra nos.58, 58/2, 58/1 and 2/2 min, totalling 10 bighas 15 biswas situated in the revenue estate of Village Shahbad
Mohd. Pur, Delhi was notified under Section 4 of the Land Acquisition Act vide
Notification dated 22.12.1987. The compensation in respect of the aforesaid land
was fixed by the Land Acquisition Collector vide award no.26/89-90. The Land
Acquisition Collector granted compensation @ Rs.15,000/- per bigha to the
appellants. Since the appellants were not satisfied with the compensation awarded
by the Land Acquisition Collector, they sought reference under Section 18 of the
Land Acquisition Act. On such reference having been made, the learned Additional
District Judge vide judgment dated 3.8.2002, enhanced the compensation to
Rs.70,000/- per bigha. She also held that the appellants would be entitled to interest
on the additional amount payable under Section 23-IA as well as on the amount of
solatium. No cross objections have been filed against the order of learned
Additional District Judge. The appellants, however, are not satisfied with the
compensation awarded to them and are before this Court by way of this appeal.
(2.)WHEN this matter was taken up for hearing on 30.8.2012, the learned counsel for the respondent Mr. Sanjay Kumar Pathak pointed out that in terms of the
decision of this Court dated 2.11.1988 in LA APP. No.724/1995, 'Balak Ram vs.
UOI, the compensation for the land in respect of this Village, acquired vide
notification dated 27.1.1984 had been assessed at Rs.47,224/- per bigha and since
the learned Additional District Judge had already awarded compensation at a much
higher rate, the appeal deserves rejection on merits.
It transpires during the course of arguments that vide notification dated 1.4.1990, the Govt of NCT had fixed circle rate at Rs.4.65 lac per acre in respect of the levelled land of entire Delhi including the land of Village Shahbad Mohd. Pur,
which is not disputed by Mr. Sanjay Kumar Pathak, learned counsel for
respondent-DDA. Mr. Pathak, however, submits that the aforesaid notification
dated 1.4.90 was not produced during the course of hearing before the learned
Additional District Judge, Delhi. The circle rate per bigha in terms of the
notification dated 1.4.90 comes to Rs.16,875/- per bigha
(3.)SINCE the market value of the land in Village Shahbad, Modh. Pur, Delhi was assessed by this Court at Rs.47224/- in respect of the land notified vide notification
dated 27.1.1984 and the Government fixed circle rate of the similar land at Rs 4.65
lakh per acre, as on 01.04.1990, it is evident that there has been appreciation in the
market value of the aforesaid land to the extent of Rs.49,651/- per bigha between
27.1.1984 and 1.4.1990. Broadly, the aforesaid appreciation comes to 105% between 27.1.84 to 1.4.90. On an approximate basis, the increase in the market
value of the land in question during this period comes to Rs.1.42 % pre month.
Therefore, in my view, it would only be just, fair and reasonable to award
compensation to the appellants, taking the appreciation in the land value between
27.1.1984 to 22.12.1987 @ 1.42% per month. Computing accordingly, the market value per bigha, as on 22.12.1987 comes to Rs.78,740/- per bigha.
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