JUDGMENT
Devinder Gupta, J.
1. These appeals are being disposed of by a
common judgment since questions involved are
common and the land acquired, for which
compensation is to be determined was also located
within the same revenue state.
2. On 2.12.1963 notification under Section 4 of
the Land Acquisition Act, 1894 (hereinafter
referred to as “the Act”) was issued expressing
the intention of the Delhi Administration to
acquire 85 bighas of land situate in village Kotla
Mubarakpur for Planned Development of Delhi.
After considering objections under Section 5A of
the Act declaration under Section 6 of the Act was
made on 12.12.1969 for acquiring 51 bigha 16
biswas land out of total land, which had been
notified earlier. On 15.1.1970 Collector made his
award No. 38/69-70 with respect to an area of 39
bighas 10 biswas. The left out area of 8 bigha 4
biswas was found to be built up and for the
remaining area of 4 bigha 6 biswas there was stay
operating. The Collector Land Acquisition in his
award held that lay out plan for the acquired area
had been prepared but had not been approved though
plotted area had been sold through various sale
transactions. Accordingly for the area, which was
plotted compensation was offered at the rate of
Rs. 16,000/- per bigha. For the other gair mumkin
area compensation was offered at the rate of
Rs. 4,000/- per bigha. Feeling dissatisfied with
the amount of compensation, the claimants sought
references. The Reference Court determined the
market value at Rs. 19,360/- per bigha. Two appeals
arise out of the said award being RFA Nos. 317 and
393 of 1979. Land involved in Appeal No. 317/79 is
4 biswas whereas land involved in Appeal No. 393/79
is 19 biswas.
3. By another notification issued on 28.7.1964
under Section 4 of the Act land measuring 141
bigha 4 biswas was notified for being acquired for
same public purpose, namely, Planned Development
of Delhi. Declaration under Section 6 of the Act
was made on 11.12.1968 for acquiring an area of
130 bigha 2 biswas. Collector Land Acquisition on
31.12.1970 made his award No. 56/70-71 confining it
to an area of 25 bigha 14 biswas observing that
the remaining area, which had been notified for
acquisition will be acquired when necessary
directions are received from the Land and Building
Department, Delhi Administration. The Collector
classified the land in Blocks A and B. In block-
A the land included was that which was found to be
in close proximity of All India Institute of
Medical Sciences comprised in Khasra Nos. 249,
521/250, 522/250, 251, 253, 259 and 260 measuring
18 bigha 10 biswas. In Block B remaining area
was included, which as lying in the interior.
For the land in block A, compensation as offered
at the rate of Rs. 17,650/- per bigha and for block
B compensation was offered at the rate of
Rs. 16,000/- per bigha. Feeling dissatisfied the
claimants sought reference. The Reference Court
held that the claimants were not entitled to any
enhancement the thereby rejected the reference by
the impugned award dated 11.9.1979. RFA No. 560/79
arises out of the said award wherein the claim for
compensation is for Rs. 1,00,000/- per bigha.
Appeal was filed by DLF United Ltd.
4. Yet another notification was issued on
20.12.1966 under Section 4 of the Act for the same
public purpose, namely, Planned Development of
Delhi notifying 14 bigha 8 biswas land situate in
Kotla Mubarak Pur for which declaration was made
on 6.3.1968. The Collector Land Acquisition made
his award No. 26/1969 on 1.12.1969 offering
compensation at the rate of Rs. 8,375/- per bigha.
Feeling dissatisfied reference was sought by the
claimants. The Reference Court by the impugned
award dated 7.12.1978 assessed the fair market
value of the acquired land at Rs. 16,000/- per
bigha. Still feeling dissatisfied the claimants
preferred appeal (RFA No. 149/79). Claim in appeal
is for compensation at the rate of Rs. 50,000/- per
bigha.
5. On behalf of the claimants, reference has
been made to a decision of this Court in RFA
No. 425/70 (Babu Lal v. Union of India) decided on
4.3.1996. By the said decision, this Court
determined the fair market value of land situate
within the same revenue estate of Kotla Mubarak
Pur, which was acquired for the same public
purpose, namely, Planned Development of Delhi
through notification issued on 24.5.1961.
Collector Land Acquisition had in that case
offered compensation at the rate of Rs. 3,000/- per
bigha. The Reference Court had enhanced the
amount of compensation of Rs. 11,000/- per bigha.
Division Bench at this Court while determining the
market value noticed the location and situation of
village Kotla Mubarakpur and held that it was
located in close proximity to developed and
developing colonies. Entire area of Kotla
Mubarakpur had ceased to be agricultural land.
Its possibility for being used as building site
was tremendous owing to close proximity with
residential areas like Andrews Ganj, defense
Colony, N.S.D.E. Part I and N.D.S.E. Part II. The
entire revenue estate had been declared to be a
residential area under the Master Plan. Needless
to add that the First Master Plan of Delhi was
brought into force on 1.9.1962. It was also
noticed that Kotla Mubarakpur fall within the area
declared for residential purpose by Master Plan of
Delhi. The Reference Court also held that the
land situate in Kotla Mubarakpur was free hold
land whereas adjacent colonies for which sale
instance were referred were lease hold. Keeping
in view the rising trend in prices the Division
Bench Proceeded to determine the fair market value
at Rs. 35,000/- per bigha. In the same decision it
was noticed that within a period of three years
from 27.9.1958 to the month of October, 1961
there have been tremendous rise in prices of the
land in the area in question. Prices had
multiplied approximately by four times.
6. Learned counsel for the claimants/appellants
Mr. C.L. Verma in RFA No. 317, 323 and 149/71
contended that the land, which was subject matter
in Babu Lal’s case (supra) was a big chunk of land
and was not a part of a approved colony whereas
the subject matter of the appeals was part of the
colony, namely, Triloki Colony, which was
surrounded by N.D.S.E.-1 and in the West Subhash
Market towards North and East whereas abadi Kotla
Mubarakpur was towards Sough. He referred to the
statement of AW.1 Shri Har Sarup Sharma that to
the acquired land all facilities like electricity
and water were available. Proper roads were laid
and it was well laid colony. Acquired land formed
part of the colony. From the evidence it appears
that though the colony had been laid, lay out plan
was not yet approved.
7. Learned counsel for the claimant in RFA
NO. 560/79 referred to six sale instances brought
on record and also referred to the oral and other
documentary evidence on record. In order to
substantiate the claimant’s plea for further
enhancement in the amount of compensation,
particularly, he referred to the statement of
witnesses examined in the case, namely, AW.1 Shri
Ram Charan; AW.2 Shri Siri Ram and AW.3 Shri Ram
Kishan Jain, AW.1 was the Secretary of New Delhi
South Extension Co-operative House Building
Society Ltd. who proved sale deeds Ex.AW.1/1 and
Ex.AW.1/2 saying that the society sold undeveloped
plots though the land was demarcated into plots.
It was undeveloped and development charges were
paid by the purchasers. He stated that the said
colony of the society was adjacent to the
acquired land, which was colony developed by
D.L.F. known as New Delhi South Extension of
D.L.F. He also stated that bus service was
available in the year 1961 on the main Ring Road
and the colony of D.L.F. was situated on both
sides of Ring Road. All other basic amenities
like electricity and water were also available.
AW.2 was also the Secretary of New Delhi South
Extension House Building Co-operative Society Ltd.
According to him colony of appellant was known as
New Delhi South Extension Part I. Lay Out Plan
was approved in or about 1960. He produced
original Lay Out Plan Ex.AW.2/1 Completion
certificate of lay out plan Ex.AW.2/1 was also
proved by him stating that the society had sold
plots to various purchasers, which were
undeveloped and the purchasers were charged
development charges. AW.3 is the Secretary and
General Power of Attorney of the Claimant, who
proved original completion plan of the two
colonies, which according to him were sanctioned
by the Municipal Corporation of Delhi. He stated
that the acquired land was part of original
colonies of New Delhi South Extension Part I and
New Delhi South Extension Part II. According to
him under the planing practice and requisition of
the sanctioned authority the site for building
such as for public and schools are necessary and
are provided in each colony. Therefore, land in
question could not be divided into smaller plots
as it was a whole lot by itself duly sanctioned
by the concerned authorities. The plot in
question had access to the Ring Road. Therefore,
all amenities like electricity, water, sewer,
market etc. were available. The following table
would show the sale instances relied upon and
proved on record by the claimants/appellants:-
S.No. Area Name Date of Conside- Rate
No. of colony sale ration P.Sq.Yd.
A/1 275 sq.yd. Kotla 5.4.62 6050/- Rs. 22/-
KH.No.388 Mubarakpur
A/2 200 Sq.yd. –do– 4.12.63 10,000/- Rs. 50/-
A/4 250 sq.yd. NDSE-II 1.9.61 23,000/- Rs. 92/-
E/31 Village
Kotla Mubarak Pur p
A/5 250 sq.yd. –do– 16.1.62 41,500/- Rs. 166/-
E/31
A/6 250 sq.yds. –do– 8.6.62 30,000/- Rs. 120/-
B-6
AW1/1 428 sq.yds. Kotla 17.4.61 27,820/- Rs. 65/-
Mubarakpur
AW1/2 200 sq.yds. –do– 4.1.60 10,000/- Rs. 50/-
8. Learned counsel for the claimant/appellant in
RFA No. 560/79 also placed reliance upon the
decision of Division Bench of this Court in (RFA
No. 367/79 (DLF United Ltd. v. Union of India and
Ors.) decided on 6.11.2000 by which decision
determination of compensation was made with’
respect to a plot of land, which had been reserved
as a site for school within Haus Khas Colony
though technically it was located within the
revenue estate of Kherara, Delhi. Taking into
consideration the prices at which developed plots
had been sold and the largeness of the plot
reserved for school the fair market value was
determined by allowing deduction of 1/4th for
common areas from the market value. Claimants
have placed reliance upon, as noticed above, all
instances of smaller plots of land with an area
ranging from 200 sq.yards to 428 sq.yards. Average
price reflected therein for the plots located
within the main part of the colony are between
Rs. 92/- per sq.yards to Rs. 160/- per sq. yard
during 1961-62. For the plots outside the main
Kotla Mubarakpur area average price is between
Rs. 50/- and Rs. 65/- per sq.yard. Rise of prices
in market trend is evident in case reference is
made to sale deed Ex.44 and Ex.A.5. By sale deed
AW.4 Smt. Sarla Puri is stated to have purchased
plot of 250 sq.yard on 1.9.1961 for a
consideration of Rs. 23,000/- at an average rate of
Rs. 92/- per sq. yard. Same plot was sold by her
vide lease deed Ex.A.5 dated 16.1.1962 for a
consideration of Rs. 41,500/- reflecting the
average market value at Rs. 166/- per sq.yard.
Taking the average of the sale consideration, as
reflected in various sale deeds and making
deduction to the extent of 1/3rd, we are of the
view that in so far s the area within block-A,
which is subject matter of RFA No. 560/79 deserves
to be valued at Rs. 84/- per sq. yard. The area
falling within block-B deserves to be evaluated
at Rs. 68/- per sq. yard. Considering the market
value of unplotted bigger chunk of land as on
27.7.1961 in Babu Lal’s case (supra) at
Rs. 35,000/- per bigha, we are of the view that as
on 2.12.1963 it will not be unreasonable in case
for the acquired area, which too was a plot
carved out in a colony be not evaluated at
Rs. 48,000/- per bigha. Also taking into
consideration the facts that the area, which was
acquired through notification dated 20.12.1966 and
is subject matter of RFA No. 149/79 being large in
size deserves to be evaluated at Rs. 49,000/- per
bigha.
9. Consequently, the appeals are allowed with
proportionate costs. Claimants/appellants in RFA
No. 393, 317 and 379 are held entitled to
compensation at the rate of Rs. 48,000/- per bigha
and the claimants/appellants in RFA No. 149/79 is
held entitled to compensation at the rate of
Rs. 49,000/- per bigha and claimants/appellant in
RFA No. 560/79 is held entitled to compensation
at the rate of Rs. 84,000/- per bigha for land
falling block A and at the rate of Rs. 68,000/- per
bigha for land falling in block-B. In addition to
market value the claimants will be paid solarium
at 15% on the enhanced market value and interest
at the rate of 6% p.a. from the date the Collector
taking possession till payment. Claimants will
also be paid interest in solarium in view of the
judgment of Supreme Court in view of the decision
of Supreme Court in Civil Appeal No. 6271/98
(Sunder v. Union of India) and other connected
appeals decided on 19.9.2001.
10. Claimants in RFA 317, 393 and 560 of 1979
will also be paid interest at the rate of 6% p.a.
under Section 4(3) of the Land Acquisition
(Amendment and Validation) Act, 1967 on the market
value of the land, as determined by this Court
from the date of expiry of period of three years
of the date of notification under Section 4(1) of
the act to the date of tender or payment of
compensation, which was awarded by the collector.