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PETITIONER: CHANDER BHAN AND OTHERS

       Vs.

RESPONDENT: UNION OF INDIA

DATE OF JUDGMENT:       03/11/1998

BENCH: V.N.KHARE

ACT:

HEADNOTE:

JUDGMENT:  JUDGMENT V.N.Khare.J. Leave granted. This set of Civil Appeals which is directed  against the judgment of a Division Bench of Delhi High Court relates to  appellants’  claim  for enhancement of compensation with regard to acquisition of  their  land  situated  in  village Rangpuri @  Malikpur Kohi, Delhi.  Since common questions of fact and law are involved in this set of appeals, we propose to decide them by a common judgment. A large extent of  land  in  village  Rangpuri  near Palam Airport was notified for acquisition vide notification dated   3.12.1971   issued  under  Section  4  of  the  Land Acquisition Act, 1984 (hereinafter referred to as the ’Act’) for planned   development   of   Delhi.      Simultaneously, notification   dated   3.12.1971   were   also   issued  for acquisition of land in  village  Nangal  Dewat  and  Shahbad Mohemmedpur.   Some  plots  of land of village Rangpuri were acquired vide Award No.  94/72-73 dated 12.3.1973.  The Land Acquisition Collector while assessing the  market  value  of the  acquired  land  covered by the aforesaid Award, divided the said land into two blocks and fixed Rs.  3,300/- and Rs. 2,200/- per bigha for  Block-A  and  Block-B,  respectively. The   claimants   being   dissatisfied  with  the  offer  of compensation preferred reference petitions under Section  18 of the  Act.  The learned Additional District Judge enhanced the compensation to Rs.  4,800/- per  bigha  in  respect  of Block-A and   Rs.3,200/-   in   respect  of  Block-B.    The appellants  before  us  being   not   satisfied   with   the compensation  awarded  by  the  learned  Additional District Judge preferred Regular Appeals before the High Court.   The High  Court by the judgment under appeal assessed the market value of appellants’ acquired land  at  Rs.    13,000/-  per bigha.   Consequently,  the claimants’ appeals were allowed. Still  not  satisfied  with  the   rates   of   compensation determined  by  the  High  Court the appellants have come to this Court by filing special leave petitions. Learned  counsel  appearing   for   the   appellants referred  to  a  decision of this Court in the case of Gokal Vs.  State of Haryana A.I.R.   1992  SC  150,  wherein  this

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Court  determined  market  value  of the land on the date of relevant notifications at Rs.  20/-, Rs.  25/-, Rs.   26/and Rs.  30/per sq.    yard,  respectively.   On the strength of this decision it was urged that the increase in  the  market value of  land per year comes to over Rs.  5,000/- per bigha and if the market value of land is taken to Rs.  3,000/- per bigha on 23rd Jajuary, 1965 as determined by the High Court, the value of appellant’s land should  be  increased  by  Rs. 5,000/per bigha  for  each year.  The submissions of learned counsel  for  the  appellants,  therefore  is  that  if  the aforesaid  principle  is adopted the market value of land on the date of notification issued under section 4 of  the  Act would be Rs.   33,000/- per bigha.  We have gone through the decision referred to above but do  not  find  any  principle having  been  laid  down  therein  for  such increase in the compensation for  the  acquired  land  as  is  canvassed  by learned counsel  for  the  appellants.   Although it is true that compensation was increased in Gokal’s case (supra)  but no reasons  were  given for increasing the compensation.  We are, therefore, of view that Gokal’s case (supra) is  of  no help   to   the   contention  of  learned  counsel  for  the appellants.   On  the  other  hand,  the  High  Court  while assessing  the  market  value of the appellants’ land relied upon a Division Bench decision of Delhi High  Court  in  the case of Jai Lal  Vs.    Union  of India, R.F.A.  No.  203/82 decided  on  27.4.88  which  related  to  determination   of compensation in respect of land in village Nangal Dewat with reference to  the  notification  dated  3.12.1971.  The High Court in the said case awarded uniform  compensation  @  Rs. 13,000/- per bigha.  In the present case it was found by the High  Court  that  the acquired land in village Nangal Dewat and the appellants’ land are similarly situated,  therefore, the rates  of  compensation should be uniform.  Accordingly, the High Court assessed the market value of the land at  Rs. 13,000/- per  bigha.   Thus, according to us the judgment of the High Court under appeal is neither perverse nor  illegal and does not call for any interference, since it is based on correct  appreciation  of  evidence  on  record  and  proper application of law to the established facts.    The  appeals are  accordingly  dismissed, but in the circumstances of the case there shall be no order as to cost.