{"id":146508,"date":"2001-11-29T00:00:00","date_gmt":"2001-11-28T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/kamla-bhargava-vs-union-of-india-uoi-on-29-november-2001"},"modified":"2018-10-07T05:43:23","modified_gmt":"2018-10-07T00:13:23","slug":"kamla-bhargava-vs-union-of-india-uoi-on-29-november-2001","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/kamla-bhargava-vs-union-of-india-uoi-on-29-november-2001","title":{"rendered":"Kamla Bhargava vs Union Of India (Uoi) on 29 November, 2001"},"content":{"rendered":"
Delhi High Court<\/div>\n
Kamla Bhargava vs Union Of India (Uoi) on 29 November, 2001<\/div>\n
Equivalent citations: 97 (2002) DLT 321<\/div>\n
Author: D Gupta<\/div>\n
Bench: D Gupta, S K Kaul<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
 Devinder Gupta, J. <\/p>\n
1. These appeals are being disposed of by a
\ncommon judgment since questions involved are
\ncommon and the land acquired, for which
\ncompensation is to be determined was also located
\nwithin the same revenue state.\n<\/p>\n
2.  On 2.12.1963 notification under Section 4 of
\nthe Land Acquisition Act, 1894 (hereinafter
\nreferred to as “the Act”) was issued expressing
\nthe intention of the Delhi Administration to
\nacquire 85 bighas of land situate in village Kotla
\nMubarakpur for Planned Development of Delhi.
\nAfter considering objections under Section 5A of
\nthe Act declaration under Section 6 of the Act was
\nmade on 12.12.1969 for acquiring 51 bigha 16
\nbiswas land out of total land, which had been
\nnotified earlier. On 15.1.1970 Collector made his
\naward No. 38\/69-70 with respect to an area of 39
\nbighas 10 biswas. The left out area of 8 bigha 4
\nbiswas was found to be built up and for the
\nremaining area of 4 bigha 6 biswas there was stay
\noperating. The Collector Land Acquisition in his
\naward held that lay out plan for the acquired area
\nhad been prepared but had not been approved though
\nplotted area had been sold through various sale
\ntransactions. Accordingly for the area, which was
\nplotted compensation was offered at the rate of
\nRs. 16,000\/- per bigha. For the other gair mumkin
\narea compensation was offered at the rate of
\nRs. 4,000\/- per bigha. Feeling dissatisfied with
\nthe amount of compensation, the claimants sought
\nreferences. The Reference Court determined the
\nmarket value at Rs. 19,360\/- per bigha. Two appeals
\narise out of the said award being RFA Nos. 317 and
\n393 of 1979. Land involved in Appeal No. 317\/79 is
\n4 biswas whereas land involved in Appeal No. 393\/79
\nis 19 biswas.\n<\/p>\n
3. By another notification issued on 28.7.1964
\nunder Section 4 of the Act land measuring 141
\nbigha 4 biswas was notified for being acquired for
\nsame public purpose, namely, Planned Development
\nof Delhi. Declaration under Section 6 of the Act
\nwas made on 11.12.1968 for acquiring an area of
\n130 bigha 2 biswas. Collector Land Acquisition on
\n31.12.1970 made his award No. 56\/70-71 confining it
\nto an area of 25 bigha 14 biswas observing that
\nthe remaining area, which had been notified for
\nacquisition will be acquired when necessary
\ndirections are received from the Land and Building
\nDepartment, Delhi Administration. The Collector
\nclassified the land in Blocks A and B. In block-
\nA the land included was that which was found to be
\nin close proximity of All India Institute of
\nMedical Sciences comprised in Khasra Nos. 249,
\n521\/250, 522\/250, 251, 253, 259 and 260 measuring
\n18 bigha 10 biswas. In Block B remaining area
\nwas included, which as lying in the interior.
\nFor the land in block A, compensation as offered
\nat the rate of Rs. 17,650\/- per bigha and for block
\nB compensation was offered at the rate of
\nRs. 16,000\/- per bigha. Feeling dissatisfied the
\nclaimants sought reference. The Reference Court
\nheld that the claimants were not entitled to any
\nenhancement the thereby rejected the reference by
\nthe impugned award dated 11.9.1979. RFA No. 560\/79
\narises out of the said award wherein the claim for
\ncompensation is for Rs. 1,00,000\/- per bigha.
\nAppeal was filed by DLF United Ltd.\n<\/p>\n
4. Yet another notification was issued on
\n20.12.1966 under Section 4 of the Act for the same
\npublic purpose, namely, Planned Development of
\nDelhi notifying 14 bigha 8 biswas land situate in
\nKotla Mubarak Pur for which declaration was made
\non 6.3.1968. The Collector Land Acquisition made
\nhis award No. 26\/1969 on 1.12.1969 offering
\ncompensation at the rate of Rs. 8,375\/- per bigha.
\nFeeling dissatisfied reference was sought by the
\nclaimants. The Reference Court by the impugned
\naward dated 7.12.1978 assessed the fair market
\nvalue of the acquired land at Rs. 16,000\/- per
\nbigha. Still feeling dissatisfied the claimants
\npreferred appeal (RFA No. 149\/79). Claim in appeal
\nis for compensation at the rate of Rs. 50,000\/- per
\nbigha.\n<\/p>\n
5. On behalf of the claimants, reference has
\nbeen made to a decision of this Court in RFA
\nNo. 425\/70 (Babu Lal v. Union of India) decided on
\n4.3.1996. By the said decision, this Court
\ndetermined the fair market value of land situate
\nwithin the same revenue estate of Kotla Mubarak
\nPur, which was acquired for the same public
\npurpose, namely, Planned Development of Delhi
\nthrough notification issued on 24.5.1961.
\nCollector Land Acquisition had in that case
\noffered compensation at the rate of Rs. 3,000\/- per
\nbigha. The Reference Court had enhanced the
\namount of compensation of Rs. 11,000\/- per bigha.
\nDivision Bench at this Court while determining the
\nmarket value noticed the location and situation of
\nvillage Kotla Mubarakpur and held that it was
\nlocated in close proximity to developed and
\ndeveloping colonies. Entire area of Kotla
\nMubarakpur had ceased to be agricultural land.
\nIts possibility for being used as building site
\nwas tremendous owing to close proximity with
\nresidential areas like Andrews Ganj, defense
\nColony, N.S.D.E. Part I and N.D.S.E. Part II. The
\nentire revenue estate had been declared to be a
\nresidential area under the Master Plan. Needless
\nto add that the First Master Plan of Delhi was
\nbrought into force on 1.9.1962. It was also
\nnoticed that Kotla Mubarakpur fall within the area
\ndeclared for residential purpose by Master Plan of
\nDelhi. The Reference Court also held that the
\nland situate in Kotla Mubarakpur was free hold
\nland whereas adjacent colonies for which sale
\ninstance were referred were lease hold. Keeping
\nin view the rising trend in prices the Division
\nBench Proceeded to determine the fair market value
\nat Rs. 35,000\/- per bigha. In the same decision it
\nwas noticed that within a period of three years
\nfrom 27.9.1958 to the month of October, 1961
\nthere have been tremendous rise in prices of the
\nland in the area in question. Prices had
\nmultiplied approximately by four times.\n<\/p>\n
6. Learned counsel for the claimants\/appellants
\nMr. C.L. Verma in RFA No. 317, 323 and 149\/71
\ncontended that the land, which was subject matter
\nin Babu Lal’s case (supra) was a big chunk of land
\nand was not a part of a approved colony whereas
\nthe subject matter of the appeals was part of the
\ncolony, namely, Triloki Colony, which was
\nsurrounded by N.D.S.E.-1 and in the West Subhash
\nMarket towards North and East whereas abadi Kotla
\nMubarakpur was towards Sough. He referred to the
\nstatement of AW.1 Shri Har Sarup Sharma that to
\nthe acquired land all facilities like electricity
\nand water were available. Proper roads were laid
\nand it was well laid colony. Acquired land formed
\npart of the colony. From the evidence it appears
\nthat though the colony had been laid, lay out plan
\nwas not yet approved.\n<\/p>\n
7. Learned counsel for the claimant in RFA
\nNO. 560\/79 referred to six sale instances brought
\non record and also referred to the oral and other
\ndocumentary evidence on record. In order to
\nsubstantiate the claimant’s plea for further
\nenhancement in the amount of compensation,
\nparticularly, he referred to the statement of
\nwitnesses examined in the case, namely, AW.1 Shri
\nRam Charan; AW.2 Shri Siri Ram and AW.3 Shri Ram
\nKishan Jain, AW.1 was the Secretary of New Delhi
\nSouth Extension Co-operative House Building
\nSociety Ltd. who proved sale deeds Ex.AW.1\/1 and
\nEx.AW.1\/2 saying that the society sold undeveloped
\nplots though the land was demarcated into plots.
\nIt was undeveloped and development charges were
\npaid by the purchasers. He stated that the said
\ncolony of the society was adjacent to the
\nacquired land, which was colony developed by
\nD.L.F. known as New Delhi South Extension of
\nD.L.F. He also stated that bus service was
\navailable in the year 1961 on the main Ring Road
\nand the colony of D.L.F. was situated on both
\nsides of Ring Road. All other basic amenities
\nlike electricity and water were also available.
\nAW.2 was also the Secretary of New Delhi South
\nExtension House Building Co-operative Society Ltd.
\nAccording to him colony of appellant was known as
\nNew Delhi South Extension Part I. Lay Out Plan
\nwas approved in or about 1960. He produced
\noriginal Lay Out Plan Ex.AW.2\/1 Completion
\ncertificate of lay out plan Ex.AW.2\/1 was also
\nproved by him stating that the society had sold
\nplots to various purchasers, which were
\nundeveloped and the purchasers were charged
\ndevelopment charges. AW.3 is the Secretary and
\nGeneral Power of Attorney of the Claimant, who
\nproved original completion plan of the two
\ncolonies, which according to him were sanctioned
\nby the Municipal Corporation of Delhi. He stated
\nthat the acquired land was part of original
\ncolonies of New Delhi South Extension Part I and
\nNew Delhi South Extension Part II. According to
\nhim under the planing practice and requisition of
\nthe sanctioned authority the site for building
\nsuch as for public and schools are necessary and
\nare provided in each colony. Therefore, land in
\nquestion could not be divided into smaller plots
\nas it was a whole lot by itself duly sanctioned
\nby the concerned authorities. The plot in
\nquestion had access to the Ring Road. Therefore,
\nall amenities like electricity, water, sewer,
\nmarket etc. were available. The following table
\nwould show the sale instances relied upon and
\nproved on record by the claimants\/appellants:-\n<\/p>\n
 S.No. Area Name Date of Conside- Rate
\nNo. of colony sale ration P.Sq.Yd.\n<\/p>\n
 A\/1 275 sq.yd. Kotla 5.4.62 6050\/- Rs. 22\/-
\nKH.No.388 Mubarakpur  <\/p>\n
 A\/2 200 Sq.yd. –do– 4.12.63 10,000\/- Rs. 50\/-\n<\/p>\n
 A\/4 250 sq.yd. NDSE-II 1.9.61 23,000\/- Rs. 92\/-\n<\/p>\n
 E\/31 Village  <\/p>\n
 Kotla Mubarak Pur p  <\/p>\n
 A\/5 250 sq.yd. –do– 16.1.62 41,500\/- Rs. 166\/-\n<\/p>\n
 E\/31  <\/p>\n
 A\/6 250 sq.yds. –do– 8.6.62 30,000\/- Rs. 120\/-\n<\/p>\n
 B-6  <\/p>\n
 AW1\/1 428 sq.yds. Kotla 17.4.61 27,820\/- Rs. 65\/-\n<\/p>\n
 Mubarakpur  <\/p>\n
 AW1\/2 200 sq.yds. –do– 4.1.60 10,000\/- Rs. 50\/-\n<\/p>\n
8. Learned counsel for the claimant\/appellant in
\nRFA No. 560\/79 also placed reliance upon the
\ndecision of Division Bench of this Court in (RFA
\nNo. 367\/79 (DLF United Ltd. v. Union of India and
\nOrs.) decided on 6.11.2000 by which decision
\ndetermination of compensation was made with’
\nrespect to a plot of land, which had been reserved
\nas a site for school within Haus Khas Colony
\nthough technically it was located within the
\nrevenue estate of Kherara, Delhi. Taking into
\nconsideration the prices at which developed plots
\nhad been sold and the largeness of the plot
\nreserved for school the fair market value was
\ndetermined by allowing deduction of 1\/4th for
\ncommon areas from the market value. Claimants
\nhave placed reliance upon, as noticed above, all
\ninstances of smaller plots of land with an area
\nranging from 200 sq.yards to 428 sq.yards. Average
\nprice reflected therein for the plots located
\nwithin the main part of the colony are between
\nRs. 92\/- per sq.yards to Rs. 160\/- per sq. yard
\nduring 1961-62. For the plots outside the main
\nKotla Mubarakpur area average price is between
\nRs. 50\/- and Rs. 65\/- per sq.yard. Rise of prices
\nin market trend is evident in case reference is
\nmade to sale deed Ex.44 and Ex.A.5. By sale deed
\nAW.4 Smt. Sarla Puri is stated to have purchased
\nplot of 250 sq.yard on 1.9.1961 for a
\nconsideration of Rs. 23,000\/- at an average rate of
\nRs. 92\/- per sq. yard. Same plot was sold by her
\nvide lease deed Ex.A.5 dated 16.1.1962 for a
\nconsideration of Rs. 41,500\/- reflecting the
\naverage market value at Rs. 166\/- per sq.yard.
\nTaking the average of the sale consideration, as
\nreflected in various sale deeds and making
\ndeduction to the extent of 1\/3rd, we are of the
\nview that in so far s the area within block-A,
\nwhich is subject matter of RFA No. 560\/79 deserves
\nto be valued at Rs. 84\/- per sq. yard. The area
\nfalling within block-B deserves to be evaluated
\nat Rs. 68\/- per sq. yard. Considering the market
\nvalue of unplotted bigger chunk of land as on
\n27.7.1961 in Babu Lal’s case (supra) at
\nRs. 35,000\/- per bigha, we are of the view that as
\non 2.12.1963 it will not be unreasonable in case
\nfor the acquired area, which too was a plot
\ncarved out in a colony be not evaluated at
\nRs. 48,000\/- per bigha. Also taking into
\nconsideration the facts that the area, which was
\nacquired through notification dated 20.12.1966 and
\nis subject matter of RFA No. 149\/79 being large in
\nsize deserves to be evaluated at Rs. 49,000\/- per
\nbigha.\n<\/p>\n
9. Consequently, the appeals are allowed with
\nproportionate costs. Claimants\/appellants in RFA
\nNo. 393, 317 and 379 are held entitled to
\ncompensation at the rate of Rs. 48,000\/- per bigha
\nand the claimants\/appellants in RFA No. 149\/79 is
\nheld entitled to compensation at the rate of
\nRs. 49,000\/- per bigha and claimants\/appellant in
\nRFA No. 560\/79 is held entitled to compensation
\nat the rate of Rs. 84,000\/- per bigha for land
\nfalling block A and at the rate of Rs. 68,000\/- per
\nbigha for land falling in block-B. In addition to
\nmarket value the claimants will be paid solarium
\nat 15% on the enhanced market value and interest
\nat the rate of 6% p.a. from the date the Collector
\ntaking possession till payment. Claimants will
\nalso be paid interest in solarium in view of the
\njudgment of Supreme Court in view of the decision
\nof Supreme Court in Civil Appeal No. 6271\/98
\n(Sunder v. Union of India) and<\/a> other connected
\nappeals decided on 19.9.2001.\n<\/p>\n
10. Claimants in RFA 317, 393 and 560 of 1979
\nwill also be paid interest at the rate of 6% p.a.
\nunder Section 4(3) of the Land Acquisition
\n(Amendment and Validation) Act, 1967 on the market
\nvalue of the land, as determined by this Court
\nfrom the date of expiry of period of three years
\nof the date of notification under Section 4(1) of
\nthe act to the date of tender or payment of
\ncompensation, which was awarded by the collector.<\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Kamla Bhargava vs Union Of India (Uoi) on 29 November, 2001 Equivalent citations: 97 (2002) DLT 321 Author: D Gupta Bench: D Gupta, S K Kaul 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-146508","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nKamla Bhargava vs Union Of India (Uoi) on 29 November, 2001 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/kamla-bhargava-vs-union-of-india-uoi-on-29-november-2001\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kamla Bhargava vs Union Of India (Uoi) on 29 November, 2001 - 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