Civil Appeal Nos. 7301-7302 of 2003 and Civil Appeal Nos. 6264-6265 of 2011 (Arising out of SLP (C) Nos. 18056-18057 of 2003). Case: 1. Delhi Development Authority, 2. S.S. Aggarwal and Ors. etc. etc. Vs 1. S.S. Aggarwal and Ors., [Alongwith Civil Appeal No. 836 of 2004], 2. Union of India (UOI) and Anr.. Supreme Court (India)
| Case Number | Civil Appeal Nos. 7301-7302 of 2003 and Civil Appeal Nos. 6264-6265 of 2011 (Arising out of SLP (C) Nos. 18056-18057 of 2003) |
| Counsel | For Appellant: A. Sharan, Geeta Luthra, Sr. Advs., Vishnu B. Saharya, Adv., for Saharya and Co., AOR for DDA and D.N. Goburdhan, Adv. and For Respondents: Dhruv Mehta, Sr. Adv., Yashraj Singh Deora, Sriram Krishna and Rachna Srivastava, Advs. |
| Judges | G.S. Singhvi and Asok Kumar Ganguly, JJ. |
| Issue | Land Acquisition Act, 1894 - Sections 4, 4(1), 6, 9, 17(1), 18, 25(2), 53 and 54; Contract Act - Sections 23 and 28; Delhi Lands (Restrictions on Transfer) Act, 1972; Civil Procedure Code (CPC) - Section 151 - Order 6, Rules 17 and 18; Constitution of India - Article 14 |
| Citation | AIR 2011 SC 3265, 2011 (6) AWC(Supp) 5543 SC, 181 (2011) DLT 557 (SC), 2011 (8) SCALE 178 |
| Judgement Date | August 02, 2011 |
| Court | Supreme Court (India) |
Judgment:
G.S. Singhvi, J.
-
Leave granted in SLP (C) Nos. 18056-18057 of 2003.
-
These appeals are directed against judgment dated 21.2.2003 of the Division Bench of the Delhi High Court whereby the appeals preferred by two groups of persons i.e., S.S. Aggarwal and Ors. and Om Prakash and Ors. under Section 54 of the Land Acquisition Act, 1894 (for short, "the Act") were allowed and market value of the acquired land fixed by Additional District Judge, Delhi (hereinafter described as, `the Reference Court') was enhanced from Rs. 102/- to Rs. 7,390/- per square yard.
-
By notification dated 6.1.1995 issued under Section 4(1) read with Section 17(1) of the Act, the Government of National Capital Territory of Delhi proposed the acquisition of 27 bighas 5 biswas land situated at village Jasola. After 4 days, the declaration was issued under Section 6 of the Act.
-
In response to the notice issued under Section 9 of the Act, the landowners filed three claim petitions through the same Advocate, namely, Ch. Sawrup Singh. One of the petitions was filed by Kishan Lal and 13 others. The other was filed by S.K. Sarogi and Anr. and the third was filed by Mangla Ram and 3 others. They pleaded that keeping in view the prevailing market rates, they be paid compensation at least at the rate of Rs. 4,000/- per square yard. In support of their claim, the landowners relied upon the allotments made by the Delhi Development Authority (for short, `the DDA') at a concessional rate of Rs. 2,200/- per square yard.
-
During the pendency of the matter before the Land Acquisition Collector, Delhi, Mangla Ram and 3 others executed Assignment Deed dated 21.9.1995 in favour of Om Prakash, Phire Ram and Vinod Kumar (all sons of Ch. Swarup Singh, Advocate, who was representing the landowners before the Land Acquisition Collector). The relevant portions of the assignment deed are extracted below:
WHEREAS, the Vendors are the actual owners of the Acquired Land Total Measuring 8 Bighas and 5 Biswas, in Khasra No. 133 situated in Revenue Estate of Village Jasola, Tehsil Mehrauli, New Delhi.
That the above said land has been notified under Section 4 of the Land Acquisition Act, 1894, on 6.1.1995, and declaration under Section 6 and notification under 17(1) of the Land Acquisition Act, 1894, has also been issued on 10th Jan. 1993 but the compensation in respect of said land has not been passed by Govt. to the Vendors so far.
AND WHEREAS, the possession of the said land has also been taken by the Govt. on 22nd February, 1995.
AND WHEREAS, the Vendors have willingly agreed to sell transfer the said compensation right of the said land measuring 8 bighas 5 biswas, in Khasra No. 133, of village Jasola, Tehsil Mehrauli, New Delhi, whatsoever to be settled by the Land Acquisition Collector in award or by the court in reference or in revisions or appeals of the same in High Courts with all rights to recover and receive the same from the concerned authorities/deptts. for a sum of Rs. 4,80,000/- [Rs. Four lacs and eighty thousand only] and the Vendees have agreed to purchase the same for said amount.
The entire consideration amount of Rs. 4,80,000/- [Rs Four lacs and eighty thousand only], has already been received in advance by the Vendors from the Vendees [the receipt whereof, the Vendors admit and acknowledge] in full and final settlement.
NOW THIS ASSIGMENT DEED WITNESSETH AS UNDER:
-
That the Vendors do hereby sell, transfer, convey and assign the compensation rights, whatsoever to be settled by the Land Acquisition Collector inAward or by the courts in reference perceptions, revisions as sale etc. of the same to be filed in Delhi High Court and other higher courts with rights to receive and recover the same from the concerned authorities/Deptts. with each and every rights which vest in their names as towards the above said award of the Land Acquisition Collector and in reference, revisions, appeals etc. upto the Vendees.
-
That the Vendors admit that they have No. right left with the compensation right to be settled in above said award or in reference, revisions or appeals etc. and the same has become property of the Vendees, with the rights to receive and recover the same.
-
That the Vendors admit that the Vendees are fully entitled to substitute themselves before Land Acquisition Collector in Award/reference as mentioned above and to conduct the same. The vendors have handed over and delivered the notices and other acquisition documents and all other relevant...
To continue reading
Request your trial
-
Amendment Of Pleadings An Overview
...Ors.: AIR 2007 SC 2511 4 Omprakash Gupta Vs. Ranbir B. Goyal: AIR 2002 SC 665 5 Delhi Development Authority Vs. S.S. Aggarwal and Ors.: AIR 2011 SC 3265 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your sp......
-
Amendment Of Pleadings An Overview
...Ors.: AIR 2007 SC 2511 4 Omprakash Gupta Vs. Ranbir B. Goyal: AIR 2002 SC 665 5 Delhi Development Authority Vs. S.S. Aggarwal and Ors.: AIR 2011 SC 3265 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your sp......