Naresh Bhutani And Anr VS. M/s. A.G.Chit Fund And Finance Co.

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Naresh Bhutani And Anr VS. M/s. A.G.Chit Fund And Finance Co.

Reportable IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4945 OF 2006 Lal Chand ... Appellant Vs.

Union of India & Another ... Respondents WITH Civil Appeals of 2006

CA Nos.4946, 4947, 4948, 4949, 4950, 4951, 4952, 4953, 4954, 4955, 4956, 4957, 4958, 4959, 4960, 4961, 4962, 4963, 4964, 4965, 4966, 4967, 4968, 4969, 4970, 4971, 4972, 4973, 4974, 4976, 4977, 5134, 5135, 5136, 5351, and 5890 Civil Appeals of 2007

CA Nos.23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 465, 603, 886, 887, 888, 889, 890, 891, 1228, 1229, 1230, 1231, 1232, 1233, 1295, 1300, 1301, 1302, 1303, 1304, 1305, 1307, 1308, 1309, 1310, 1311, 1976, 1977, 1979, 1980, 1982, 1984, 2461, 2679, 2721, 2722, 2723, 3990, and 4693

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JUDGMENT

R. V. RAVEENDRAN, J.

This batch of appeals arise out a common judgment dated 27.4.2006 of the High Court of Delhi in RFA No.751/1994 (Jas Rath vs. Union of India) and other connected cases. They relate to determination of market value in regard to lands situated at village Rithala on the outskirts of Delhi, acquired for (i) construction of a supplementary drain;

(ii) construction of sewage treatment plant; (iii) re-modelling of Nangloi drain; and (iv) planned development of Delhi. The said four acquisitions were initiated under notifications dated 13.2.1981, 20.2.1981 13.3.1981 and 31.12.1981 issued under section 4(1) of the Land Acquisition Act, 1894 ("LA Act' for short). The extent of lands acquired and compensation awarded are as under: Rate awarded per Bigha (Unit of 1008 sq. yds.) Date of Extent notification notified under Bighas-Biswas Sec.4(1) By LAO By Reference By High Court Court (impugned judgment) (In Rupees) (In Rupees) (In Rupees) 13.2.1981 829 - 00 2600 (Block B) 20,000 25,000 3800 (Block A) 20.2.1981 883 - 08 2600 (Block B) 20,000 25,000 3800 (Block A) 13.3.1981 78 - 16 6500 10,800 25000 31.12.1981 5947 - 00 7000 (Block C) 21,000 27,000

3 9000 (Block B) 10840 (Block A) 2. The awards of the reference court were challenged by the landowners. The appeals were decided by the Delhi High Court by judgment dated 4.9.2001 awarding Rs.67000 per bigha in regard to lands covered by notifications dated 13.2.1981, 20.2.1981 and 13.3.1981 and Rs.73,584 per bigha in regard to lands covered by notification dated 31.12.1981. For arriving at the said market value, the High Court relied upon the allotment rates of Delhi Development Authority for plots shown in its Brochure issued on 9.2.1981 in respect of Rohini Residential Scheme (Phase-I), formed by acquiring part of Rithala village and surrounding villages. The provisional rates of allotment given in the said brochure were Rs.100, Rs.125, Rs.150, and Rs.200 per sq. m. respectively for plots of the size of 26,32,48,60 and 90 sq. m. The High Court took the average of those allotment rates as Rs.150 per sq. m.

Having regard to the fact that the said rate was the premium for allotment on ...

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