UNION OF INDIA v. HARPAT SINGH & ORS.

p. 705

UNION OF INDIA A ,V. HARPAT SINGH & ORS. (Civil Appeal No. 2367 of 2006)

MAY 12, 2009 B

Land Acquisition Act, 1894:

A large tract of agricultural lands situate in villages Chilla Saroda, Gharoli, Kondly and Dallupura was acquired for development of Delhi, as per Notifications ul s 4 of the Land Acquistion Act, 1894 issued on 17.11.1980. F In respect of a few cases Notifications uls 4 were issued .on 9.4.1979 and 21.7.1987. The Land Acquisition Collector awarded compensation at the rates of Rs. 8000/ - per bigha to Rs. 90001- per bigha. The reference court enhanced the compensation to Rs. 23,0001- per bigha for G the lands of Gharoli village and Rs. 76,550/- per bigha for the lands of Kondli and Dallupure villages. It, however, maintained the compensation of Rs. 8000/- per bigha for

705 H

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+ A the lands of village Chilla Saroda Bangar. The High Court further enhanced the comp.ensation to Rs. 76,550/- per bigha for the lands of Gharoli village and Rs.3,45,000/- for the lands of Kondli, Dallupura and Chilla Saroda villages. The Supreme Court by its judgment in Karam Singh's s case 1 maintained the compensation ,of Rs. 76,550/- per bigha as awarded by the High Court for village Gharoli but reduced the compensation from Rs. 3,45,000/- per bigha as awarded by the High Corut for landsin villages Kondli and Dallupura to Rs. 76,550/- per bigha by its c judgment in Bali Ram Sharma's case 2• The instant appeals filed by the Union of India are against the judgment of the High Court awarding compensation at the rate of Rs. 3,45,000/- per bigha for the lands of Village Chilla Saroda Bangar. D Disposing the appeals, the Court

1. Karan Singh & Ors. Union of India (1997) 8 SCC 186.

2. Delhi Development Authority v. Bali Ram Shanna & Ors. [(2004) 6 SCC 533. H /.

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4 A in question should be determined at the rate of Rs. 8,0001 - per bigha apart from the other amount payable to the claimants under the statute. The referenc court did not interfere with the said award. It was only the High Court which relying upon Ratan Lal's case interfered therewith and determined the fair market value at Rs. 345 per square B yard. Contention that Ratan Lal has attained finality and no appeal was preferred thereagainst does not appear to t. be correct. Ratan Lal also came up for consideration before this Court and disposed of along with Bali Ram Sharma. [Para 20 and 21] [720-G-H; 721-A-D, F-G] c 1.2. In view of Karan Singh and Bali Ram Sharma, the minimum amount of compensation which must be paid should be determined at Rs. 76.55 per square yard. The High Court proceeded to determine the amount of compensation not on the basis of the development work 0 carried out in Delhi but in NOIDA as those three villages are closer to NOIDA. [Para 22 and 23] [722-A-C]

Karan Singh & Ors. v. Union of India (1997) 8 SCC 186 , and Delhi Development Authority v. Bali Ram Sharma & Ors. E (2004) 6 sec 533, relied on.

Basant Kumar & Ors. v. Union of India & Ors. (1996) 11 sec 542, cited.

1.3. However, it cannot be ignored that some construction activities had already started in the village in question by the ODA itself. Some amenities, ·although the village might not have been fully developed, like road, electricity, water, sewerage were there, whereas the lands situated in Kondli and those others were agricultural lands. Therefore, keeping in view its proximity to Delhi, and as the appellant itself had conceded that the minimum compensation be calculated at the rate of Rs. 76.55 per sq. yard, interest of justice shall be subserved ~

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-J- A if the market value is raised to 10% thereover. Correspondingly, the other statutory benefits including interest must be awarded. [Para 25] [723-F-H]

1.4. It is also considered that the appeals were 8 otherwise barred by limitation and that is one of the f;actors, which must be placed on record and has weighed with the Court for determining the compensation. [Para 26] [724-A]

1.5. In Civil Appeal No. 2371 and 2374 of 2006 where C notification was issued on 9.4.1979, 10% of the rate of 76.55 per sq. yard shall be deducted whereas in respect of CA No. 2373 of 2006 where notification has been iss_ued on 21.7.1987, increase@ 10% per year shall be granted in preparing the final award. [Para 27] [724-8-C] D t 1.6. So far as CA No. 4204 of 2004 is concerned, as order 24.4.2006 had not been complied with, the legal I heirs of the original respondent having not been brought on record, the said appeal must be held to have abated and is dismissed accordingly. [Para 28] [724-C-D]

Case Law Reference:

(1997) a sec 186 relied on Para 2 F (2204) 6 sec 533 relied on Para 2

(1996) 11 sec 542 cited Para 13

CIVIL APPELLATE JURISDICTION : Civil Appeal No. G 2367 of 2006.

·,_From the Judgment & Order dated 12.07.2002 of the Hig'h Court of Delhi at New Delhi in C.M. No. 486 of 2002 in R.F.A. No. 84 of 1999.

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709 ,, ~ WITH A

- C.A. No. 2368, 2369, 2370, 2371, 2373, 2374, 2375of2006 and 4204 of 2004.

S.P. Singh, Mahendra Anand, Krishan Kumar, Rekha Pandey, Asha Nair, Gargi Khanna, Anil Katiyar, Mohit B Chaudhary, Om Prakash (for K.L. Mehta & Co.) Vinay Garg, Oeepam Garg, Jyoti Sharma, Vishnu B. Saharya, Saharya & j Co., Suruchii Aggarwal, P.V. Yogeswaran, Rajesh Srivastava, Raghvendra Pratap and Suresh Kumari for the appearing parties. c The Judgment of the Court was delivered by

S.8. SINHA, J. 1. Chilla Saroda Bangar is now a pa1rt of East Delhi. There is another small village in the said area 0 known as Chilla Saroda Khade~. For development of the said area, several notifications ·1ere issued not only in respect of the aforementioned two villages but also villages known as Gharoli, Kondli and Dallupura. Indisputably, lands of all these villages were subjected to acquisitiop under the Land Acquisition Act wherefor diverse notifications were issued from 1979 to E

1987. Land Acquisition proceedings were, however, initiated in respect of different villages separately.

- i' 1 2. Amount of compensation awarded in respect of villages Kondli, Gharoli and Dallupura were subject matters of some decisions before this Court, namely, Karan Singh & Ors. v. Union of India [(1997) 8 SCC 186] and Delhi Development Authority v. Bali Ram Sharma & Ors. [(2004) 6 SCC 533].

Before, however, we advert to the aforementioned decisions and some others, we would like to notice the basic .-... ,.. details of these cases :

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A SR. CASE NOS. CAUSE TITLE DATE OF VILLAGE No.

1. Civil Appeal No. 2367/06 Union of India Vs. Harpat Singh NOTIFICATION 17.11.1980 Chilla Sa rod a - Bangar B 2. Civil Appeal Union of India 17.11.1980 Chilla No. 2368/06 Vs. Jatinder Sa rod a Nath Soni Bangar

3. Civil Appeal Land Acquisition 17.11.1980 Chilla No. 2369/06 Collector vs. Saroda c Fehimida Zia & Bangar Anr.

4. Civil Appeal Union of India & 17.11.1980 Chilla No. 2370/06 Anr. Vs. Mustaq Saroda Ahmad Ansari Bangar D 5. Civil Appeal Sheo Raj (D) by 09.04.1-979 Chill a No.2371/06 Lrs. Vs. Unior. of Sarod a India Bangar

6. Civil Appeal Jai Narain Mishra 17.11.1980 Chilla E No. 2372/06 Vs. State of U.P. Saroda &Anr. , Bangar

7. Civil Appeal Sheo Raj (D) by 21.7.1987 Chill a No. 2373/06 Lrs. Vs. Union of Sa rod a India &Anr. Khader F

8. Civil Appeal Kartar Singh (D) 09:04;1979 Chill a No. 2374/06 by Lrs. & Ors. Vs, Sa rod a Union of India Bangar

9. Civil Appeal Jai Chand Vs. 17.11.1980 Chill a G No. 2375/06 Union of India . Saroda Bangar

10. Civil Appeal Union of India Vs. 17.11.1980 Chill a No. 4204/04 Babu Ram Saroda Sharma Bangar H

711 [S.B. SINHA, J.]

3.We may furtherm·ore notice that in respect of lands A situated in village Gharoli, the learned Land Acquisition Collector awarded a sum of Rs.9,000/- per Bigha.

We may also notice the respective dates of the awards ' made by the Land Acquisition Collector, the Reference Court, B the High Court as also this Court in respect of the aforementioned four villages in the following comparative chart: Gharoli Kondli Dallupura Chill a (Approx Bangar 2600 (Approx.892 Big has Bighas) c Section 4 17.11.80 17.11.80 17.11.80 17.11.80 Notification , Award Rs.9,000 Rs.8500 Rs.8,500 Rs.8,000 per bigha per bigha per bigha per bigha D

Reference Rs.23,000 Rs.76,550 Rs.76,550 Rs.8,000 Court per bigha per bigha per bigha per bigha

High Court Rs.76,550 Rs.3,45,000 Rs.3,45,000 Rs.3,45,000 per bigha per bigha per bigha per bigha E

Supreme No Reduced to Reduced to Court increase Rs.76,550/- Rs.76,550/- [Karan {Delhi {Delhi \

Singh & Developm- Developm- Ors. Vs. ent Authority ent Author- F Union of Vs. Bali ity Vs. Bali India Ram Ram (1997) Sharma & Sharma & a sec Ors. - Ors. - 186] (2004) (2004) G 6 sec 533 6 sec 533 -in view of -in view of Karan Singh Karan Vs. Union Singh bf India Vs. Union India H

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A 4. In Karan Singh (supra), this Court laid down the legal + principles required to be applied in arriving at the market value .; of acquired land in awarding compensation to the claimants, stating :

"When a land is compulsorily acquired, what is basically· B required to be done for awarding compensation is to arrive at the market value of the land on the date of the notification under Section 4 of the Act. The market value of a piece of ~

land for determining compensation under Section 23 of the Act would be the price at which the vendor and the vendee c (buyer and seller) are willing to sell or purchase the land. The consideration in terms of price received for land under bona fide transaction on the date of notification issued under Section 4 of the Act or a few days before or after the issue of notification under Section 4 of the Act generally D shows the market value of the acquired land and the market value of the acqLired land has to be assessed in F terms of those transactions. The sale of land on or about the issue of notification under Section 4 of the Act is stated to be the best piece of evidence for determining the E market value of the acquired land. Often evidence on transaction of sale of land on or a few days before the ..... notification under Section 4 is not available. In the absence .... F of such evidence contemporaneous transactions in respect of lands which had similar advantages and disadvantages would be a good piece of evidence for - determining the market value of the acquired land. In case the same is not also available, the other transaction of larid having similar advantages nearer to the date of notification under Section 4 of the Act would guide in determination of the market value of ~cquired land. In the present case, ..,.. in the· absence of evidence of any transaction or sale of ...... land on the date of issue of notification under Section 4 of the Act, the Court would be justified in relying upon the transaction of sale of land having similar advantages nearer to the notification issued under Section 4 of the Act

713

-• lllli' [S.8. SINHA, J.]

which can be taken as a guide for determining the market value of the acquired land and compensation to be A

awarded to the claimants. Thus the transaction of sale of land after the issue of notification under Section 4 of the .....( Act can guide the court in fixing the market value of the acquired lands under certain conditions." 8

.._ Opining that a judgment rendered in respect of the lands similarly situated may be required to be taken into : consideration as an instance or as one from which the market value of acquired land could be inferred or deduced, it was held that: c " .....,r. "It is only the previous judgment of a court or an award which can be made the basis for assessment of the market value of the acquired land subject to party relying on such judgment to adduce evidence for showing that ~o due regard being given to all attendant facts it ceuld form the basis for fixing the market value of acquired land."

.. However, it was held that the judgment relied on therein was not relevant.

In Karan Singh (supra), we have noticed hereinbefore, the E

High Court granted compensation at the rate of Rs. 76,500/- per ....... 1 ' bigha which was upheld by this Court .

5. In Bali Ram Sharma (supra), Karan Singh was followed F noticing that the same set of evidence had been adduced in both the matters. It was stated:

"5. Having regard to the undisputed facts and the material

.. .,. placed on record and in the light of judgment of this Court in Karan Singh case it is not possible for us to take a different view as regards market value of the lands covered by the same notification issued under Section 4(1) of the Act. Under these circumstances these appeals are G

entitled to succeed. They are accordingly allowed and the H

p. 714

A impugned judgments are modified by reducing the amount of compensation from Rs.345 per sq yard (amounting to Rs.3,45,000 per big ha) to Rs. 76;550 per big ha. The impugned judgments stand modified accordingly so far they concern fixation of market value making it clear th::it B the respondents are entitled tJ statutory benefits available under the Act based on the amount of compensation as modified above."

6. We may also notice that a Division Bench of this Court in Union of India v. Bedi Ram & Anr. [Civil Appeal No.4404 C and 4403 of 2005 decided on 20.7.2005] disposed of appeals with respect to villages Dallupura and Kondli following of the judgment in Bali Ram Shanna (supra).

7:1n Gian Chand & Ors. v. Union of India [CA No.9147 of D # 1995 disposed of by a judgment and order dated 12.11.2002) for the lands situated in village Gharoli, a Division Bench of this Court opined· that the notifications were issued in respect of clusters of villages .including the village under consideration as well as village Kondii and allowed compensation at the rate of E Rs.30,000/- per Bigha. However, in that case, the notification was issued on 19.8.1976.

8. Mr. S.P. Singh, learned counsel appearing on behalf of appellant, would contend that the principles governing computation of compensation for acquisition of land would depend upon various factors, namely, the date of notification, the periodical increases of market value, compensation granted for acquisition in and around for similar de'(elopment purposes, similar minimum standard for computing the amount of compensation required to be applied and nature of the land and the year of acquisition. It was on the aforementioned premise, Mr. Singh would submit that compensation may be determined following Gicm Chand and Bali Ram Sharma at the rate of Rs.76.50 per square yard, namely, Rs.76,500/- per Bigha.

H 9. It was furthermore contended that the High Court

715 [S.B. SINHA, J.] l committed a serious error in so far as it failed to take into consideration that out of 103 persons who had filed applications for reference in terms of Section 18 of the Act only five persons adduced evidence by exhibiting certain deeds of sale which were executed after the date of execution and, thus, were. not relevant. It was, furthermore urged that the deeds of lease executed by New Okhla Industrial Development Authority (NOIDA) also could not have been taken into consideration as the same had been executed in the year 1983 when it was a developed area.

10. Mr. Mahendra Anand, learned. senior counsel c appearing on behalf of respondent, on the other hand, would urge:

(1) No case has been made out for condonation of delay. Thus, all the appeals should be dismissed. D

(2) The decisions rendered by this Court in Karan Singh; Bali Ram Sharma and Gian Chand etc. cannot be said to have any application as the village Chilla Saroda Bangar is ne~rer to Delhi E whereas those villages adjoin the border of Uttar Pradesh. i 11. Drawing our attention to the fact that the High Court ~ for cogent and sufficient reasons, rightly chose not to follow the decisions in Karan Singh and Bali Ram Sharma and in view F of the location of the village, vis-a-vis, Gharoli, Kondli and Dallupura, stating :

"11. In so far as village Gharauli is concerned, as per the ?.... evidence on record and as per the topography and location vis- G a-vis the revenue estate of Chilla-Saroda-Bangar, it is the last village on North Eastern side. In between Gharauli and Chilla Saroda-Bangar are located Dallupura and Kondli. Therefore, even from distance it is the farthest and in the absence of any material on record about its comparison to the la_nd of village H

p. 716

A Chilla Saroda Banger, it may not be appropriate for us to place reliance upon the decis~on in Karan Singh's case (supra)." I

12. Only on that ba~is, it was urged that the High Court had rightly chosen to follow Ratan Lal in preference to Karan Singh B and Bali Ram Sharma, stating :

"18. The very fact that fact of village Chilla Saroda Bangar, which was acquired by the same notification in which land was acquired in Dallupura being adjacent to the said revenue estate, there being no difference in the location, situation, po\lentiality, advantage attached and other allied relevant factors: there is no reason that why there should be a departure since we fully agree with the ratio of the decision in Rattan Lal's case (supra) and for that reason in Anil Kumar's case (supra). We need not rely upon and fall back on the determination of the amount of compensation of village Gharauli, which is farthest and for which there is no evidence or material brought on record by the respondents or material brought on record by the respondents that lands of village Gharauli were similatly situate having similar potentiality. There is positive evidence on record of the acquired land being similar to that acquired in villages Dallupura and Kondli.

19. On the basis of the ratio of the decisions aforementioned, it will not be inappropriate for us to uphold favourably consider the appellants claim that since land of village Dallupura Was just touching the boundaries of village Chilla-Sar6da-Bangar and the location, situation and potentiality '6,e'ing same, there is no reason to deprive the appellants ,0f similar treatment since there was hardly 1

G any differencias regards advantages attached to the land situate within two revenue estates. There is no material or evidence brought on record even to contradict the stand of: the appellants as regards the benefits, which were available tp the land situate in village Chilla-Saroda- H 6angar and to the lands of village Dallupura."

717 [S.B. SINHA, J.]

"The learned Judges have adopted the principle that the entire lands in the village shall be treated as one unit and the--corripensation shall uniformly be determined on that .....,.._ basis. The principle is wholly unsustainable in law and G cannot be a valid ground for determination of compensation. It is common knowledge that even in the same village, no two lands command same market value. The lands abutting the main road or national highway H

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718 SUPREME COURT REPORTS [2009] 9 S,C.R.

A command higher market value and as the location goes backward, market value of interior land would be less even for the same kind of land. It is a settled legal position that the lands possessed of only similar potentiality or the value with similar advantages offer comparable parity of the '9 value. It is common knowledge that the· lands in the village spread over the vast extent. In this case, it is seen that land is ·as vast as admeasuring 1669 bighas, 18 biswas of land .+ in the village. So, all lands cannot and should not be classified as possess~d of same market value. Burden is c always on the claimant tctprove the market value and the court should adopt realistic standards and pragmatic approach in evaluation of the evidence. No doubt, each individual had different parcels of the land out of that vast land. If that principle is accepted~ as propounded by the High Court, irrespective of the quality of the land, all will D be entitled to the same compensation. That principle is not ) the correct approach in law. The doctrine of equality in I determination and payment of same compensation for all , ~

claimants involved in the same notification is not a good principle acceptable for the aforestated reasons. When ~ E both the lands are proved to be possessed of same advantages, features etc., then only equal compensation is permissible." '!-

14. Mr. Vinay Garg, learned counsel appearing for I F respondent in Civil Appeal No.2368 of 2006, would urge tbat even if Ratan Lal is not followed in these matters, no deduction should be made as has been done in Bali Ram Sharma as building activities of ODA had already started in village Chilla l~

Saroda Bangar whereas the land of village Dallupura had ~ i G obtained due importance upon coming up of NOIDA as would ,:}- appear from the award of the Land Acquisition Collector in respect of Dallupura. r

15. In respect of land situated in village Kondly, our attention has further been drawn to an award made in the case H ·~

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SC page 666 and also in the case titled Chander Versus Union of India in R.F.A. No.240/90 where in both the judgments 1/3rd of the market price of the land were G .\,:;_ directed to be deducted towards development of drains, electricity and other amenities which are in fact to plan layout for building colonies.

16. On the strength of this judgment 1/3rd of the price of - . H

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+ - A the land is accordingly deducted whereby market value of the land of the petitioner would come to Rs.90/- per sqmtr. Market value of the land of the petitioner is assessed at Rs.76.55 per sq.yrds. i.e. Rs.76,550/- per bigha. The issue is decided accordingly." B

16Copy pinpoint16. Learned counsel appearing for the respondent in Civil Appeal No.4204 of 2004 would furthermore draw our attention to the proceeding sheet dated 24.4.2006 to contend that despite orders passed by this Court, legal heirs of the respondents having not been brought to the record, the appeal c must be held to have abated.

17Copy pinpoint17. Learned counsel appearing on behalf of respondent in Civil Appeal No.2373 of 2006 would contend that village Chilla Saroda Khader being the subject matter of notification dated 21.7.1987, this Court may grant suitable enhancement.

18Copy pinpoint18. Acluster of villages were sought to be acquired for the j

same purpose, namely, development of Delhi. The lands in question were basically agricultural lands. However, having regard to the fact that the Delhi Development Authority had sought to acquire the lands in phases beginning from 1976, it . is possible that in the villages in question, some building activities had been going on. y

19Copy pinpoint19. On legal principle, there cannot be any doubt or dispute that when the nature of land sought to be acquired is different, the amount of compensation would be different keeping in view several factors, namely, the date of notification, the class of land sought to be acquired whether fully irrigated, number of annual crops or as to whether it was a land where no cultivation or vegetation is done. .:;f-

20Copy pinpoint20. By reason of the notification a large number of persons were affected. Most of them, however, were satisfied with the amount of compensation received by them. Only 103 persons objected to the,;lmount of compensation granted in their favour H

UNION OF INDIA v. HARPAT SINGH & ORS. 721 [S.B. SINHA, J.] -t and filed claim petition pursuant to the notices issued to them A under Sections 9 and 10 of the Act. Only five of the aforementioned 103 claimants, namely, Ram Lal Dua, Shyam Parshad Mandal, Dharambir, Naresh Kumar Gupta and Smt. Praful Chandra had filed deeds of sale. Compensation was claimed ranging from Rs.25/- to Rs.1,000/- per square yard. B The rate at which lands were sold in terms of the deeds of sale relied upon by some of the claimants in support of their claims • ranged from Rs.3376/- to Rs.9970/- per bigha. The transactions in respect of ~II those lands indisputably were entered into after the aforementioned notification. However, keeping in view the c facts and circumstances of this case and the materials brought on record, the Land Acquisition Collector opined that amount of compensation should be determined at the rate of Rs.8,000/ - per bigha apart from the other amount payable to the claimants under the statute. The learned reference court did not interfere with the said award, stating : ".... "All the six sale-deeds produced on record go to show that these are of different dates and the land in the same village was sold at Rs.8,000/- per bigha as is apparent from the judgment given by Shri Sahni, para 36 (Ex.R-7) and this is an indisputable fact that the said sales pertain to the almost same period." ~··

21Copy pinpoint21. It is in the aforementioned backdrop of events, the impugned judgments of the High Court may be considered. F Indisputably, even in Ratan Lal whereupon reliance has been placed by the High Court, compensation at the rate of Rs.76.55 paise had been awarded by the reference court. It is only the High Court which had interfered therewith and determined the fair market value at Rs.345 per square yard. Contention of the G -¥. learned counsel that Ratan Lal has attained finality and no appeal had been preferred thereagainst does not appear to be correct. Ratan Lal also came 1:.1p for consideration before this Court and disposed of along with Bali Ram Sharma (supra).

22Copy pinpoint22. Mr. Singh conce'cled that we may follow Karan Singh H

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+ A and Bali Ram Sharma. In view of Karan Singh and IBali Ram Sharma, we must proceed on the basis that the minimum amount of compensation which must be paid should be determined at Rs. 76.55 p. per square yard. Lands situated in village Chilla Saroda Bangar and village Chilla Saroda Khader, B however, appeared to be situated nearer Delhi as compared to Kondli, Gharoli and Dallupura.

23Copy pinpoint23. Although it may be true that the villages in question are -+- nearer Delhi as compared to Kondli, Gharoli and Dallupura but, as noticed hereinbefore, the High Court proceeded to C determine the amount of compensation not on the basis of the development work carried out in Delhi but in NOIDA as those_ three villages are closer to NOIDA. The High Court had taken into consideration the development carried out in NOIDA, stating: D "As pe~ the evidence on -record, village Chilla-Saroda• Bangar, as on the date of notification under Section 4 of the Act was contiguous to the revenue estate of village Nayabans, which is in NOIDA and now comprises of E Sector Nos. 14, 15 and 15A on one side and MayurVihar Samachar Apartments, Galaxo Apartments, Parvana Apartments; Indian Institute of Medical Sciences Apartments towards Northern side. These colonies had already come into existence prior to 1980. All F development work had been completed including laying of the roads. Village Dallupura was adjoining the revenue . estate of Chilla Saroda Bangar towards North East. Revenue estate of Jhilmil Tahirpur wherein were located industrial and residential areas was in close proximity towards North Western side with all civic amenities like G -electricity, road, transport, sewage, telephone and school -i-- available within revenue estate of Chilla Saroda Bangar as on the date of issuance of notification under Section 4 of the Act. This topography of village Chilla Saroda Bangar as is available on the file can also be co-related with the H

UNION OF INDIA v. HARPAT SINGH & ORS. 723 [S.B. SINHA, J.] -+ A Eicher map wherein revenue estate of Chilla Saroda Bangar is shown located just touching Yamuna Marginal Band Road, namely, Najafgarh Road."

24Copy pinpoint24. The fact that the lands acquired were capable of being developed cannot be disputed. But, as indicated hereinbefore, B the Division Bench of the High Court proceeded on the basis that the colonies at NOIDA were already developed, the development having commenced prior to 1980. The High Court did not stop there. It proceeded on the basis that the lands situated in village Dallupura are similar to the lands in question in respect whereof only in Ratan Lal the fair market value was c assessed at Rs.345/- per square yard in terms of a judgment dated 24.8.2001 since reported in [(2001) 94 DLT 378]. The High Court, in paragraph 18 of its judgment, found no difference in the location, situation, potentiality, advantage attached and other relevant factors between the lands in question and those acquired in village Dallupura and furthermore opined that there t. was no material or evidence brought on record even to contradict the stand of the appellant as regards benefits of the lands situated in village Chilla Saroda Bangar and the lands of village Dallupura but proceeded to ignore its own judgment in Karan Singh and Bali Ram Sharma wherefor no reason was assigned.

t 25. We, however, cannot ignore the fact that some ' construction activities l1ad already started in the village in question by the DOA itself. Some amenities, although the village might not have been fully developed but road, electricity, water, sewerage were there, whereas the lands situated in Kondli and those others were agricultural lands. We, therefore, are of the opinion that keeping in view its proximity to Delhi, G and as the appellant itself had conceded that the minimum compensation be calculated at the rate of Rs.76.55 per sq. yard, that the interest of justice shall be subserved if the market value is raised to 10% thereover. Correspondingly, the other statutory benefits including interest must be awarded. H

p. 724

t- A 26. For the aforementioned purpose, we have also taken into consideration that appeals were otherwise barred by limitation and that is one of the factors, we must place on record, had weighed with us for determining the said amount.

27. In Civil Appeal No.2371 and 2374 of 2006 where B notification was issued on 9 .4 .1971, 10% of the aforementioned . amount shall be deducted whereas in respect of CA No.2373 of 2006 where notification has been issued on 21.7.1987, --t-- increase @ 10% per year shall be granted in preparing the final award. c

28. So far as CA No.4204 of 2006 is concerned, as order dated 24.4.2006 had not been complied with, the legal heirs of the original respondent having not been brought on record, the said appeal must be held to have abated and is dismissed D accordingly.

29. All the appeals except C.A. No. 4204 of 2006 are ) allowed in part on the above terms, i.e., paragraph 26, 28 and

29. In the facts and circumstances of this case, however, there shall be no order as to costs. E R.P. Appeals disposed of.

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