P. Sathasivam, J. - (1.) These appeals are directed against the impugned final judgment and order dated 18.09.2001 of the Division Bench of the High Court of Delhi at New Delhi in R.F.A. No. 166 of 2000 whereby the High Court allowed the appeal of the claimants enhancing the compensation payable to them for acquiring their land @ Rs. 3000/- per sq. yds. along with solatium @ 30% and interest @ 9% p.a. for a period of one year from the date of taking possession by the Collector and thereafter @ 15% p.a. till date of payment of compensation and held that the appellants are entitled to additional amount under Section 23(1A) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") @ 12% p.a. from the date of notification under Section 4 of the Act till the date of award or taking over possession by the Collector.
(2.) Dissatisfied with the above compensation awarded by the High Court, the appellants-claimants have preferred Civil Appeal No. 8636 of 2002 praying for Rs. 6000/- per sq. yd. and the respondents-Union of India filed Civil Appeal No. 8637 of 2002 against the enhancement of compensation by the High Court from Rs. 550/- per sq. yd. to Rs. 3000/- per sq. yd. For convenience, we shall refer claimants-land owners as appellants and Union of India as respondents.
(3.) Brief facts in a nutshell are as under: The appellants had purchased the property situated in Karol Bagh, subject matter of the present acquisition containing an area of approximately 2475 sq. yds. from the Ministry of Rehabilitation, Government of India in the year 1961 in a public auction for a consideration of Rs. 1,61,000/-. By notification dated 21.10.1981, Ministry of Works and Housing (Land Division), Government of India, revised the schedule of market rates of land in different areas of Delhi/New Delhi w.e.f. 01.04.1981 dividing entire Delhi/New Delhi in VIII Groups. Ajmal Khan Road and Gaffar Market falls within Group-III and the rate for residential plots was fixed @ Rs. 2000/- per sq. mt. whereas for commercial plots, it was fixed @ Rs. 6000/- per sq. mt. The said notification was issued with the concurrence of the Ministry of Finance. On 09.05.1983, a notification under Section 4 of the Act was issued by the Land & Building Department expressing its intention to acquire an area of 4952 sq. yds. of land situated in Karol Bagh for a public purpose, namely, for Joshi Memorial Hospital. The appellants herein filed their objections claiming suitable residential or commercial plot of not less than 500 sq. yds., not far away from the claimant's plot and also claimed compensation of their acquired land @ Rs. 6000/- per sq. yd. in addition to a sum of Rs. 1,53,293/- for superstructure standing on the acquired land. The Land Acquisition Collector, Delhi vide Award No. 7/86-87 dated 30.05.1986, determined the market value of the acquired land @ Rs. 550/- per sq. yd. and, in addition, awarded solatium @ 30% and an additional amount under Section 23(1A) of the Act @ 12% p.a. w.e.f. 09.05.1983. Dissatisfied with the said Award, the appellants-claimants filed a reference under Section 18 of the Act before the Civil Court, Delhi. The Additional District Judge vide order dated 19.11.1999, dismissed the same holding that the compensation awarded by the Land Acquisition Collector is quite adequate. Aggrieved by the said order, the appellants-claimants filed R.F.A. No. 166 of 2000 under Section 54 of the Act before the High Court. The Division Bench of the High Court by its impugned judgment allowed the same and enhanced the compensation @ Rs. 3000/- per sq. yd. with all other statutory benefits. ;