Delhi High Court
Jai Ram Singh vs Union Of India And Ors. on 9 September, 1988
Equivalent citations: AIR1989DELHI310, 1989(16)DRJ188
JUDGMENT S.S. Chadha, J.
(1) This order will dispose of R.F.As. 368/84, 24, 58, 131 and 139 of 1975 and 350 of 1979 arising out of the determination of the compensation in the revenue estate of village Sahipur by various Courts while answering reference petitions under section 18 of the Land Acquisition Act, 1894.
(2) The Delhi Administration vide notification dated November 13, 1959 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) notified an area of 34,070 acres of land for acquisition for a public purpose, namely, for planned development of Delhi. Another notification dated October 24, 1961 under Section 4 of the Act was issued by the Delhi Administration notifying about 16,000 acres of land for acquisition for a public purpose, namely, for planned development of Delhi. The land situate in village Sahipur was also included in the aforesaid two notifications. Several declarations under Section 6 were issued form time to time and awards drawn by the Land Acquisition Collector.
(3) In R.F.A. 368/84, the declaration under Section 6 was issued on January 2, 1969 in pursuance of the preliminary notification dated November 13, 1959 and the award is No. 79/70-71. The Land Acquisition Collector (for short called Collector) offered the compensation at the rate of Rs. 550.00 per bigha. On a reference under Section 18 of the Act, the learned Addl. District Judge in the Order under appeal dated July 23, 1984 determined the compensation at the rate of Rs. 2,000.00 per bigha. In R.F.A. 139/75, the declaration under Section 6 was made on July 15, 1966 in pursuance of the preliminary notification dated November 13, 1959 and the Collector made his award No. 2119. He offered the compensation for the acquired land at the rate of Rs. 2,000.00 per bigha, the learned Addl. District Judge in the order under appeal dated February 3, 1975 determined the compensation at the rate of Rs. 2,500.00 per bigha. R.F.As. 24 of 1975 and the cross-appeal (58 of 1975) also arose out of award No. 2119. The compensation determined by the learned Addl. District Judge in the order under appeal dated September 24, 1974 is at the rate of Rs. 2,500.00 per bigha.
(4) In R.F.A. 131/75, the declaration under Section 6 of the Act was made on July 12,1966 in pursuance of the preliminary notification dated October 24, 1961. The Collector made his award No. 2125 and offered the compensation at the rate of Rs. l,440.00 per bigha. The learned Addl. District Judge in the order under appeal dated January 13, 1975 determined the market value of the acquired land at the rate of Rs.2,000.00 per bigha. In R.F.A. 350/79, the declaration under Section 6 was made on January 2, 1969 in pursuance of the preliminary notification dated October 24, 1961. In award No. 57/71, the Collector offered the compensation at the rate of Rs. 650.00 per bigha. The learned Addl. District Judge in the order under appeal dated April 21, 1979 determined the market value of the acquired land at the rate of Rs. 2,200.00 per bigha.
(5) The Collector in award No. 79/70-71 gives the location of the land under acquisition in the revenue estate of Sahipur as 7 miles from Delhi city. Ring Road is passing at a distance of about 3.4 furlongs from the area under acquisition and lying in Rectangle No. 21. The remaining area is about 3-4 furlongs towards West of abadi of village Sahipur and at a considerable distance from the Abadi Deh as well as from the Grand Trunk Road. Shri Jai Ram Singh, the claimant stated that his land abutted on rasta of 25' wide, that this rasta connects G.T. Road and also Ring Road, that Azadpur village is about one mile away from this land, that G.T. Road is very near and that from the other side it is 5-6 furlongs away. Mr. Jai Ram Singh further states that the land of village Badli is about 2 miles away from the land in dispute in the revenue estate of Sahipur, that it is equally distant from the G.T. Road as the land is about 5 furlongs from the G.T. Road regarding which a judgment has been filed in the Court. The location of the land of village Sahipur with respect to other villages is like this. Villages Peepalthala, Bharola and Azadpur arc situate on the Eastern side while village Yakutpur is situated adjacent to village Sahipur on the Southern side and village Haiderpur adjoins Sahipur on North-Western side. While a part of the land of the revenue estate of Azadpur and Bharola abuts on the G.T. Road and extends up to the main railway line and then beyond, the whole of the land of village Sahipur is on Western side of the railway line.
(6) The main question arising in these appeals is as to the market value of the land in dispute in the revenue estate of village Sahipur on the date of the preliminary notifications i.e. November 13, 1959 and October 24, 1961, having regard to its location, potential and various other features. The market value is generally understood to be the price which an owner of land willing and not obliged to sell, may reasonably expect to obtain from a willing purchaser. In order to determine the market value, various factors have to be taken into consideration, among others, the size and shape of the land. the locality and its situation, the existing user, its potential value, the topical tenure etc. The value to be ascertained is the price to be paid with all potentialities of the uses to which it is reasonably capable of being put in future. The court has also to consider the value of the land for future purposes with the rise or depreciation in the value of the land in the locality. The Court is entitled to consider the evidence of what are called instances, that is to say, evidence of the sale prices or the evidence of the judgments of the Court determining the market value of the land in the revenue estate of Sahipur. The transactions of the adjoining villages can also be a good guide when the instances are not available in the village itself. In "Nahar Singh v. Union of India", , a Division Bench of this Court held that where there is no material to guide with respect to the sale transactions in a village, the transactions of the adjoining village can be a good guide. However, there are no hard and fast rules laid down for determining the market value of the acquired land. The estimation of market value in many cases depend largely on evaluation of many imponderables. Sometimes, the Court has to enter into the field of conjectures and surmises.
(7) During the hearing of the appeals, the counsel for the appellants have relied upon heavily on the judgment in R.F.A. 16/68- "Sahibzada Nasiruddin v.Union of India", decided on October 11, 1974 by a Division Bench of this Court (S.N. Shankar and H.I. Anand, JJ) and connected cases relating to the revenue estate of Azadpur and Bharola acquired in pursuance of the preliminary notification dated November 13, 1959. It dealt with the case of Noor Bagh, partly situated in Azadpur and partly in Bharola. The land in that case had frontage on G.T. Road and in fact Standard Vacuum Oil Company had a petrol pump on a part of the land acquired. Several instances were cited and considered in that judgment. The market value of the land was fixed at Rs. 9,000.00 per bigha. This valuation, in our view, is because of the preferential position of the land in the revenue estates of Azadpur and Bharola and abutting on G.T. Road and different parts of the land had been acquired earlier for construction of Ajodbya Textile, Municipal quarters, police station and in fact land for construction of the Ring Road was acquired in the year 1956 out of the revenue estate of village Azadpur. Near the revenue estate of village Bharola, there were colonies of Adarsh Nagar and Indra Nagar which had come into existence prior to the year 1959. This valuation can, however, give us some guide to the valuation of the land in village Sahipur.
(8) The next judgment relied upon is of R.F.A. 200 of 1983- "Bhoop Singh v. Union of India", determining the market value of the land in the revenue estate of village Badli pursuant to the preliminary notification issued under Section 4 of the Act on October 24,1961. The Division Bench, keeping all the factors noticed in the judgment inview, considered that the just and reasonable price to be fixed in case of notification dated October 24, 1961 should be Rs. 7,000.00 per bigha. In the case of preliminary notification dated March, 4, 1963, the Division Bench determined the market value at the rate of Rs. 8,000.00 for the acquired land. According to the evidence on the record, the land of village Badli is about 2 miles from the land in dispute but is equally distant from the G.T. Road. The land involved is thus comparable in a reasonable proximity of the acquired land. This instance can also afford reasonable guide in fixing the market value of the acquired land.
(9) The next instance relied upon is R.F.A. 420/76- "Randhir Singh v.Union of India", decided on November 4, 1987, arising out of a reference under Section 18 of the Act relating to the land in the revenue estate of village Azadpur. A Division Bench of this Court (one of us S.S. Chadha, J. being a party) had assessed the market value of the acquired land at the rate of Rs. 8,000.00 per bigha. The Court had noticed that the land, subject matter of R.F.A. 16/68 partly comprised in Azadpur estate and partly comprised in Bharola estate having its frontage at G.T. Road, thus having an edge over the acquired land in those appeals. The market value of the land away from G.T. Road thus diminished and was assessed at Rs. 8,000.00 per bigha. This can also afford some guide in fixing the market value of the acquired land.
(10) Instances in L.A.C. 503/68- "Niadari v. Union of India", and the supplementary award No. 1568-A both relating to the determination of compensation in village Bharola in pursuance of the preliminary notification dated November 13, 1959 are relied upon by Shri Debasis. Advocate in R.F.A. 24/75. .The market value of the land was determined in those cases at the rate of Rs.5,000.00 per bigha. Mr, Debasis is not certain whether any further appeal or reference is pending or not. As already noticed, village Bharola is towards the South-East of village Sahipnr divided by a Railway line. A part of village Bharola abuts on the G.T. Road. The land in village Bharola, therefore, had greater potential. site. This Court has already fixed the market value at the rate of Rs. 9,000.00 for the land abutting on G.T. Road. The reliance is next placed on R.F.A. 6/72 and R.F.A. 487/70 "Sripal Jain v. Union of India", decided on November 4, 1987. The appeal arose out of a reference petition under Section 18 of the Act relating to the land in the revenue estate of village Azadpur in pursuance of the preliminary notification dated October 3, 1962. The value. of the land which was abutting on G.T. Road was assessed at Rs. 11,500.00 per bigha and the remaining land was assessed at Rs. 10,500.00 per bigha, by basing the decision on R.F.A. 420/76.
(11) As already expressed, there are colonies on the G.T. Road in the revenue estate of villages Bharola and Azadpur. Part of the area of village Bharola and Azadpur is between the G.T. Road and railway line. The instances relied upon by the appellants relate to that area. The acquired land in all these-appeals is on the Western i.e. other side of the railway line away from G.T. Road. The Ring Road is also about a kilometre away from the revenue estate of village Sahipur. There is, however, a rasta which connects this land with the G.T. Road and the Ring Road. There is a railway crossing touching the rasta from village Sabipur to the G.T. Road. A part of the acquired land is adjoining the village abadi. The other is at a distance but that will not make any material difference when we are assessing the market value as a potential building site. We are conscious of the fact that the provisions of the Delhi Land Reforms Act are applicable to the land in revenue estate of village Sahipur, except, of course, the lands which were evacuee land on the date of the preliminary notification under Section 4 of the Act. In fixing the value, all restrictions imposed on the user and enjoyment of land are to be taken into consideiration. But there is a possibility of such restrictions being modified. It only means that steps have to be taken to get the land released for development into a residential site. The evidence has come on the record that the land of village Badli which is about 2 miles away from the land in these cases and being equally distant from the G.T. Road, has been assessed by this Court at the rate of Rs. 7,000.00 per bigha on October 24,1961. It would be just, fair and reasonable to adopt this value of Rs. 7,000.00 pet bigha for village Sahipur for the acquired land in pursuance of the preliminary notification dated October 24, 1961. The value of the land on the date of the preliminary notification dated November 13, 1959 should be Rs. 6,000.00 per bigha. The land in village Azadpur having a preferential situation has been assessed at the rate of Rs. 8,000.00 per bigha on the date of the preliminary notification dated November 13, 1959 and that had an access to the G.T. Road or the Ring Road. As the railway line Was intervening. between the G.T. Road and the land in village Sahipur, comparatively it had a disadvantageous position because of its non-access, to the G.T. Road except through the railway crossing. It is also further away from G.T. Road as well as from the Ring Road though a rasta leads to those two roads. Here we have to resort to an intelligent: guess work. This fixation of the value at the rate of Rs. 6,000.00 per bigha would be in accord with the disadvantageous position of the village Sahipur vis-a-vis village Azadpur or Bharola.
(12) We accordingly fix the market value of the acquired land at the rate of Rs. 6,000.00 per bigha on the date of preliminary notification dated November 13, 1959 and at the rate of Rs. 7,000.00 per bigha on the date of preliminary notification dated October 24, 1961.
(13) The land of the appellant in R.F.A. 368/84 and R.P.A. 350/79 is free from the provisions of Delhi Land Reforms Act and is, therefore, to be assessed at a slightly higher value. We fix the market value of the land in R.F.A. 368/84 at Rs. 7,000.00 per bigha. Similarly, we fix the market value of the land in R.P.A. 350/79 at the rate of Rs. 8,000.00 per bigha. Whatever has been paid shall be deducted.
(14) The appellant in R.F.A. 368/84 will also be entitled to interest at the rate of 6% per annum on the market value of the land under Section 4(3) of the Land Acquisition (Amendment & Validation) Act, 1967 provided there is no overlapping in the payment of interest under Section 28 of the Act and Section 4(3) of the Amendment Act.
(15) The appellant would also be paid additional amount under Section 23(1A) at the rate of 12% perineum from the date of the notification under Section 4 of the date of the award of the Collector or the date of taking of possession of the land, whichever is earlier, solarium at the rate of 30% on the market value under Amendment Act 68 of 1984, interest at the rate of 9% per annum for a period of one year from the taking over of possession and thereafter at the rate of 15% per annum on the enhanced compensation till payment. The appellant is also awarded. proportionate costs.