DEVINDER GUPTA ( 1 ) THIS is an appeal under Section 54 of the Land acquisition Act. 1894 (hereinafter referred to as the act) against the award of reference court dated 21/8/1978 seeking determinafion of the amount of compensation for acquisition of appellants land situate at village Tikri Khurd. ( 2 ) 1327 bigha 13 biswa 16 biswansi of land situate in village Tikri Khurd was duly notified through notification issued under Section 4 (1) of the Act on 30/10/1963 for being acquired for public purpose at public expense, namely, construction of Narela Township delhi Declaration under Section 6 was made on 16/1/1969. Three separate awards were made by the Land acquisition Collector. First award No. 42/73-74 was made on 22/10/1973 which included land measuring 297 bigha 19 biswa. Second award No. 42-A/73-74 was made on 8/1/1974 which included land measuring 186 bigha 13 biawa. For the remaining land measuring 843 bigha 1 biswas 16 biswansi award No. 149/86-87 was made on 19/9/1986. The Collector, Land Acquisition under the first and second award offered compensation @ Rs. 1,500. 00 per bigha and under the third award compensation was offered @ rs. 2,200. 00 per bigha- Claimants feeling dis-satisfied sought references. The same were disposed of by reference courts by various decisions. ( 3 ) IN four references cases arising out of award no. 42/73-74 market value was assessed by the reference court at Rs. 2,200. 00 per bigha. Feeling dis-satisfied claimants filed appeals to this Court which are pending decision. In reference cases arising out of the second award also the reference court assessed market value at rs. 2,200. 00 per bigha. Feeling dis-satisfied claimants have filed appeals in this Court. In few reference cases arising out of the first award the reference court assessed market value at Re. 16,750. 00 per bigha on the basis of the. determination of compensation with respect to the adjoining villages. In those cases also claimants have filed appeals for further enhancement. ( 4 ) UNDER the references arising out of award No. 148/86-87 reference cases were decided fixing market value at rs. 16,750. 00 per bigha. Claimants have sought further enhancement in amount of compensation by filing appeals to this Court. ( 5 ) WE have heard learned counsel for the parties.
( 4 ) UNDER the references arising out of award No. 148/86-87 reference cases were decided fixing market value at rs. 16,750. 00 per bigha. Claimants have sought further enhancement in amount of compensation by filing appeals to this Court. ( 5 ) WE have heard learned counsel for the parties. For construction of Narela Township, Delhi land situate in five adjacent villages was acquired by the same notification issued under Section 4 (1) of the Act on 30/10/1963. The said five villages are located in-close proximity to each other. Tikri Khurd is one of the villages where land was acquired. Other villages being Momurpur, Kureni, Narela and Bhorgarh, Towards North of Bhorgarh are located-three villages, namely,kureni, Mamurpur and Narela and towards its East village Tikri Khurd, Shahpur Qarhi is located towards its Southern side- Village Kureni is also situate in close proximity to the Northern border of National Capital territory of Delhi and is abutting on its North western border with the boundaries of villages Mamurpur and narela town. Towards western and Southern (side is village Bhorgarh and on Eastern side is village singhola- Village Kureni lies in between G. T. Karnal road on Eastern side and Delhi Sonepat railway line on its western side and was close to the Northern border of delhi. Similarly village Tikri Khurd was adjacent to village Narela located towards Delhi side. Land of villages Mamurpur was surrounded by fully developed residential and industrial estates. So was the position with respect to land situate at village Narela. ( 6 ) THERE has already been determination of the amount of Compensation payable for acquisition of land situate at village Mamurpur and Narela by the Supreme court. The reference courts had for the lands situate at Mamurpur and Narela acquired through the same notification assessed market value at Rs. 16,750. 00 per bigha which was enhanced by this court to Rs. 25,000. 00 per bigha. But ultimately Supreme Court set aside the decisions of this Court and upheld the determination of the amount of compensation made by the reference court holding that the fair market value of lands at Mamurpur and Narela as on 30/10/1963 was Rs. 16,750. 00 per bigha. In Civil Appeal No,4405/97 Union of india Vs. Dharambir and ors. decided on 6/8/1998 the Supreme Court held rs. 16,750.
16,750. 00 per bigha. In Civil Appeal No,4405/97 Union of india Vs. Dharambir and ors. decided on 6/8/1998 the Supreme Court held rs. 16,750. 00 per bigha to be fair market value of lands situate at Mamurpur and relying upon the said decision cases of Narela were also decided. One of which is civil Appeal No. 2360/2000 Union of India Vs. Nathu decided on 3/4/2000. For village Kureni also reference court held fair market value at Rs. 16,750. 00 which was enhanced by this Court to Rs. 25,000. 00 per bigha relying upon its earlier determination of compensation with respect to village Narela and Mamurpur. The determination of compensation for Kureni has not yet attained finality since appeals are pending in Supreme court. For Bhorgarh we had an occasion to determine the amount of compensation and by our decision in RFA 120/82 hari singh (deceased)through Vs. Union of india. decided on 14/3/2001. We have held fair market value to be at Rs. 16,750. 00 per bigha. ( 7 ) WHEN a large tract of land in close proximity is acquired this has been the practice of this Court to allow similar amount of compensation unless some distinguishing feature is brought to the notice of the court Justifying either increase or decrease in the rate. In Nand Ram and Ors. Vs. State of Haryana JT 1988 (4) SC 260 Supreme Court observed that the State government cannot refuse to pay same and similar amount of compensation in respect of lands acquired under the same notification to the land owners, whose similarly, situated lands had been acquired under the same notification and for the same public purpose. In this case also from the material brought to our notice and which is available on the record there is no reason for us to come to a different conclusion when no distinguishing feature has been brought to our notice which might enable us to come to a conclusion that the land situate at village Tikri Khurd was having better potential then the lands situate at Narela, Mamurpur. Bhorgarh or Kureni. we have gone through the evidence in one of the cases where reference court assessed the amount of compensation at Rs. 16,750. 00 per bigha and where further enhancement is sought.
Bhorgarh or Kureni. we have gone through the evidence in one of the cases where reference court assessed the amount of compensation at Rs. 16,750. 00 per bigha and where further enhancement is sought. No effort WAS made to even suggest to the witnesses that the lands of village Mamurpur was having better potential than the land situate at village Narela. Reference is being made by us to Land Acquisition Case No. 259/88 Chander Singh vs. Union of India Aks Shajra of village Tikri Khurd and adjoining villages has been duly proved therein, we find hardly any difference in the location and topography so as to enable us to hold that the lands situate at village Tikri Khurd were better located or had better potential. Having allowed compensation to the claimants whose lands were acquired in Bhorgarh, narela and Mamurpur @ Rs. 16,750. 00 per bigha, there is no reason why for village Tikri Khurd different standard be applied. Accordingly, we hold that fair market value of the land acquired through notification dated 30/10/1963 situate at village Tikri Khurd was Rs. 16,750. 00 per bigha. ( 8 ) CONSEQUENTLY the appeal is allowed with proportionate costs holding the claimants entitled to compensation @ Rs. 16,750. 00 per bigha. Awards of the reference court, shall also stand modified to the effect that claimants be paid compensation @ Rs. 16,750. 00 per bigha in addition to the other benefits which have been allowed to them by the reference court and in case excess, amount has been paid by the respondents the same will be realised from the claimants. ( 9 ) IN so far as the claim for interest on solatium is concerned, in case the same is held payable by Supreme Court in a pending reference on the said question, as and when the said reference is decided, claimant will also be paid said interest.