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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5630 of 2017 (Arising out of S.L.P. (Civil) No.14272 of 2015)

Jage Ram (D) Thr. Lrs. ….Appellant(s)

      Versus

        Union of India & Anr.                   …..Respondent(s)

WITH

CIVIL APPEAL NO. 5631 of 2017 (Arising out of S.L.P. (Civil) No.14277 of 2015)

J U D G M E N T

MOHAN M. SHANTANAGOUDAR, J.

The appellants are owners of the land to an extent of ½ share in Khasra No.

46 (4-08), 462 (4-16), 463 (4-14), totally measuring 13 bighas 18 biswas situated

in revenue estate of Village Roshan Pura, New Delhi.  The land was acquired for

the public purpose of construction of Sub-Divisional Office.  The Land Acquisition

Collector passed the Award bearing no. 45/78-79, awarding compensation at the

rate of Rs. 2,200/- per bigha along with statutory benefits such as solatium, interest

etc. as provided under the Land Acquisition Act, 1894.

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1. The  appellants,  being  dissatisfied  with  the  quantum  of  compensation

awarded by the Land Acquisition Collector, filed petition under Section 18 of the

Land Acquisition Act.  The said petition came to be dismissed by the Reference

Court/Additional District Judge, Delhi on 04.10.2005 in LA Case No. 896 of 1993.

The  appellants  further  approached  the  High  Court  of  Delhi  by  filing

LA.A.No.34/2006 and L.A.A.No.35-54/2006 which also  came to  be  dismissed.

The  appellants  are  aggrieved  by  the  award  of  the  Land  Acquisition  Collector,

Award passed by the Reference Court  as  well  as  by the judgment  of  the High

Court.

2. Mr.  Arvind  K.  Sharma,  the  learned  counsel  for  the  claimants/appellants

submitted that the Reference Court as well as the High Court were not justified in

ignoring the Sale Deed dated 24.01.1974 produced by the claimants in respect of

the land measuring 4 bighas and 16 biswas situated adjoining Chhawla Gurgaon

Road in village Roshan Pura, Delhi which depicts that the price per bigha was

about Rs.7,000/-.  According to him, though no relevant evidence is adduced by the

parties including the claimants, the aforementioned certified copy of the sale deed

could be sufficient  evidence in support of the case of the claimants for getting

higher compensation.

3. Per contra, Ms. Garima Prashad, learned counsel for the respondents argued

that the Land Acquisition Collector has sufficiently compensated the claimants in

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respect of the acquired land therefore, the Reference Court as well as the High

Court were justified in dismissing the contention of the claimants for enhanced

compensation.  

4. In the matter on hand, none of the parties have led oral evidence in support

of their  respective cases.   However, certified copies of the two Sale Deeds are

available on record which came to be produced by the parties before the Reference

Court. The Sale Deed dated 24.01.1974 relied upon by the appellants depicts the

price of  one bigha of  the property sold  through the said sale  deed was at  Rs.

7,000/-, whereas the respondents relied upon the certified copy of Sale Deed dated

19.03.1971 which shows that the land therein was sold at the rate of Rs. 2,000/- per

bigha under the said Sale Deed.  

5. Though the Reference Court as well as the High Court have assigned valid

reasons for not relying upon the Sale Deed dated 24.01.1974 relied upon by the

claimants,  have  erred  in  ignoring  to  consider  the  Sale  Deed  dated  19.03.1971

produced by the respondents.  The Reference Court as well as the High Court have

merely observed, in the course of the judgment, that certified copy of such Sale

Deed is produced by the respondents, but no further discussion was made as to

why the said Sale Deed was not considered.

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6. We do not want to burden this judgment by reiterating the reasons assigned

by the Reference Court as well as the High Court while refusing to rely on the Sale

Deed dated 24.01.1974 produced by the claimants particularly when we find that

the courts have on facts justified in doing so.  We also find that there is no evidence

to show the similarity in location/situation of the acquired land vis-à-vis the land

which is the subject matter of the Sale Deed dated 24.01.1974.  Moreover, the land

involved in the Sale Deed dated 24.01.1974 is relatively very small piece of land

having dimension to the extent of 1/4th of the land in question.  While awarding the

compensation  for  the  acquired  land,  the  Court  must  take  into  account  several

factors  including  fertility,  yield,  nature  of  soil,  comparative  sale  statistics,  its

present use, its capacity for the higher potential, the precise location, potentiality to

use for non-agricultural purposes,  the use to which the land was put, its’ proximity

to develop as urban area etc. etc.  It is also to be borne in mind the special value

which ought to be attached in respect of the special advantages, if any, possessed

by the land.  In the matter on hand unfortunately, no such evidence was let in by

the claimants to show that the land covered under Sale Deed dated 24.01.1974 is

having the  similar  characteristics  as  the  land in  question.   Therefore,  both  the

Courts below have rightly not relied upon the Sale Deed dated 24.01.1974 while

coming to the conclusion.

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7. Learned counsel for the appellants relied upon the judgment in the case of

Suresh Prasad @ Hari Kishan & Ors. Vs. Union of India & Ors. (Civil Appeal

No.  1726  of  2015  decided  on  18.3.2015)  wherein  this  Court  has  fixed

compensation  of  Rs.  22,00,000/-  (Rupees  twenty  two  lakhs  only)  per  acre  in

respect  of  the land acquired under Acquisition Notification issued on 5.8.2003.

The  land  involved  in  the  said  matter  was  of  village  Masoodabad.   The  said

judgment cannot be relied upon in the matter on hand, as much as, in the present

matter, the Notification issued was of the year 1973 and whereas the Notification

issued in the case of Suresh Prasad was in the year 2003 i.e. almost 30 years later.

Moreover, the land involved in the  Suresh Prasad’s case is situated in village

Masoodabad which is stated to be about 5 K.Ms. far from village Roshan Pura

wherein the land to be compensated is situated in this matter.  In  the  case  of

Suresh Prasad, the Land Acquisition Collector had determined compensation of

Rs.15.70 lakhs per acre and the same was enhanced to Rs.24 lakhs by this Court.

The compensation determined in the case of Suresh Prasad was purely based on

the facts of that case and there is nothing on record to show that the land involved

in  Suresh Prasad’s case was having the same characteristics as the land in the

present matter.  

8. However, we do not find any reason to ignore the Sale Deed produced by the

respondents in support of their case.  As mentioned supra, the Sale Deed dated

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19.03.1971 is in respect of 11 bighas and 10 biswas of land situated in the village

Roshan Pura. As per the said Sale Deed, the price per bigha of the land involved

therein would be about Rs. 2000/-.  Prima facie, the land in question as well as the

land covered under the Sale Deed dated 19.03.1971 are approximately having the

similar  dimension  and  are  situated  in  the  same  village  i.e.  Roshan  Pura.  The

respondents being the beneficiaries under the acquisition have themselves relied

upon the Sale Deed dated 19.03.1971 as the sole basis to oppose the prayer of the

claimants. Some sort of guess work is necessary while determining compensation

for the land acquired.  One has to perceive from the view point of the prudent

purchaser. As the acquisition is of  the year 1973, we do not wish to remit  the

matter  to  Reference  Court.  Having  regard  to  the  totality  of  the  facts  and

circumstances of the matter, in our considered opinion, the compensation may be

determined relying upon the Sale Deed dated 19.03.1971 particularly when there is

no other reliable material on record.  Since the land under the said Sale Deed dated

19.03.1971  was  valued  at  a  sum of  Rs.  2,000/-  per  bigha,  and  as  the  land in

question was acquired in the year 1973, the compensation can be determined by

adding 15% of the value of the sale consideration per year keeping in mind the

escalation in price of the lands day by day.  Normally 15% escalation is taken, per

year  by  this  Court  in  recent  times while  quantifying compensation.   Thus,  the

claimants would be entitled to Rs. 2,600/- per bigha.

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9.  Accordingly, these  appeals  are  allowed.   The compensation is  enhanced

from Rs. 2,200/- to Rs. 2,600/- per bigha.  It is needless to state that the claimants

are entitled to all the statutory benefits such as solatium, interest etc. in accordance

with law.  

10. There shall be no order as to costs.  

                                                                       ……………………….J    (Dipak Misra)

 ...................................J              (A.M. Khanwilkar)

 ………………………J                                    (Mohan M. Shantanagoudar)

New Delhi Dated: May 04, 2017