MAJ. GEN. KAPIL MEHRA Vs. UNION OF INDIA
LAWS(SC)-2014-10-32
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
October 17,2014
Maj. Gen. Kapil Mehra
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
SPECIAL LAND ACQUISITION OFFICER BANGALORE VS. T ADINARAYAN SETTY [REFERRED TO]SPECIAL TEHSILDAR LAND ACQUISITION VISHAKAPATNAM VS. A MANGALA GOWRI [REFERRED TO]
GULZAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF PUNJAB VS. HANS RAJ DEAD [REFERRED TO]
PREM NATH KAPUR VS. NATIONAL FERTILIZERS CORPN OF INDIA LIMITED [REFERRED TO]
M B GOPALA KRISHNA VS. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION [REFERRED TO]
BASAVA VS. SPL LAND ACQUISITION OFFICER [REFERRED TO]
SANTOSH KUMARI VS. STATE OF HARYANA [REFERRED TO]
UNION OF INDIA VS. MANGATU RAM [REFERRED TO]
KUBHAYAMMED VS. STATE OF KERALA [REFERRED TO]
SUNDER VS. UNION OF INDIA [REFERRED TO]
KASTURI VS. STATE OF HARYANA [REFERRED TO]
RAVINDER NARAIN VS. UNION OF INDIA [REFERRED TO]
TEJUMAL BHOJWANI VS. STATE OF UTTAR PRADESH [REFERRED TO]
UNION OF INDIA VS. SAVJIRAM [REFERRED TO]
H P HOUSING BOARD VS. BHARAT S NEGI [REFERRED TO]
KIRAN TANDON VS. ALLAHABAD DEVELOPMENT AUTHORITY [REFERRED TO]
VILUBEN JHALEJAR CONTRACTOR VS. STATE OF GUJARAT [REFERRED TO]
GURPREET SINGH VS. UNION OF INDIA [REFERRED TO]
DEPUTY DIRECTOR LAND ACQUISITION VS. MALLA ATCHINAIDU [REFERRED TO]
RAJ KUMAR VS. HARYANA STATE [REFERRED TO]
KANTA DEVI VS. STATE OF HARYANA [REFERRED TO]
MUMMIDI APPARAO VS. NAGARJUNA FERTILIZERS AND CHEMICALS LTD [REFERRED TO]
REVENUE DIVISIONAL OFFICER VS. SHAIK AZAM SAHEB [REFERRED TO]
KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD VS. K S GANGADHARAPPA [REFERRED TO]
COMMISSIONER OF INCOME TAX FARIDABAD VS. GHANSHYAM [REFERRED TO]
LAL CHAND VS. UNION OF INDIA [REFERRED TO]
SUBH RAM VS. HARYANA STATE [REFERRED TO]
LA P HOUSING BOARD VS. K MANOHAR REDDY [REFERRED TO]
ANJANI MOLU DESSAI VS. STATE OF GOA [REFERRED TO]
EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD VS. LAND ACQUISITION OFFICER [REFERRED TO]
GANGADHARA PALO VS. REVENUE DIVISIONAL OFFICER [REFERRED TO]
HARYANA STATE AGRICULTURAL MARKET BOARD VS. KRISHAN KUMAR [REFERRED TO]
CHANDRASHEKAR VS. LAND ACQUISITION OFFICER [REFERRED TO]
SABHIA MOHAMMED YUSUF ABDUL HAMID MULLA D BY L RS VS. SPECIAL LAND ACQUISITION OFFICER [REFERRED TO]
ASHRAFI VS. STATE OF HARYANA [REFERRED TO]
RANI M. VIJAYALAKSHRNAMRNA RAO BAHADUR VS. COLLECTOR OF MADRAS [REFERRED TO]
KASHMIR SINGH VS. STATE OF HARYANA [REFERRED TO]
Cited Judgements :-
DEVINDER SINGH AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-8-286] [REFERRED TO]DILBAGH SINGH AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-9-78] [REFERRED TO]
SAVINDER SINGH AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-9-179] [REFERRED TO]
JARNAIL SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2016-1-58] [REFERRED TO]
STATE OF PUNJAB AND ORS. VS. SUSHIL KUMAR AND ORS. [LAWS(P&H)-2016-1-105] [REFERRED TO]
MAYA DEVI (D) THROUGH LRS & ORS. VS. THE STATE OF HARYANA [LAWS(SC)-2018-1-35] [REFERRED TO]
SAJAN VS. STATE OF MAHARASHTRA [LAWS(SC)-2020-3-57] [REFERRED TO]
AMI CHAND VS. STATE OF U.P. [LAWS(ALL)-2017-2-111] [REFERRED TO]
U.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND OTHERS VS. NAZIR AND OTHERS [LAWS(ALL)-2018-4-521] [REFERRED TO]
DHONDIRAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-7-283] [REFERRED TO]
RAJENDER SINGH & ORS VS. STATE OF HARYANA & ORS [LAWS(SC)-2017-11-199] [REFERRED TO]
STATE OF TRIPURA VS. DULAL CHANDRA SHARMA [LAWS(TRIP)-2021-1-95] [REFERRED TO]
POWER GRID CORPORATION OF INDIA LTD VS. JAGPAL SINGH AND OTHERS [LAWS(ALL)-2018-12-51] [REFERRED TO]
HARKESH & ANOTHER VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2017-3-52] [REFERRED TO]
VIMAL KUMAR MISRA VS. COLLECTOR MAINPURI AND OTHERS [LAWS(ALL)-2019-3-156] [REFERRED TO]
AGRICULTURE PRODUCE MARKET VS. RAMESH MAROTRAO DEULKAR (DEAD) [LAWS(BOM)-2022-4-68] [REFERRED TO]
GOA INDUSTRIAL DEVELOPMENT CORPORATION, PANAJI VS. IDALINA MARIA DORES DCRUZ & ANR [LAWS(BOM)-2014-12-273] [REFERRED]
SARYU RAJAK VS. DT. COMMISSIONER GIRIDIH [LAWS(JHAR)-2023-12-58] [REFERRED TO]
KEHAR SINGH VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2015-11-270] [REFERRED TO]
RAMPAL VS. LAND ACQUISITION COLLECTOR AND ORS. [LAWS(P&H)-2015-9-100] [REFERRED TO]
BALBIR KAUR VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-9-180] [REFERRED TO]
MADAN PAL VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2015-10-284] [REFERRED TO]
GAS AUTHORITY OF INDIA LIMITED VS. CHAMPABAI DECD. THR. CHETRAM AND OTHERS [LAWS(MPH)-2018-4-106] [REFERRED TO]
BASANT LAL VS. LAND ACQUISITION COLLECTOR [LAWS(HPH)-2024-5-14] [REFERRED TO]
STATE OF H.P. AND OTHERS VS. LEKH RAM (DIED) THROUGH LRS & OTHERS [LAWS(HPH)-2017-12-179] [REFERRED TO]
EXECUTIVE ENGINEER, GUJARAT ELECTRICITY BOARD NOW GUJARAT STATE ELECTRICITY CORPORATION LIMITED VS. LEGAL HEIRS OF KOYABHAI BUDHABHAI PARMAR [LAWS(GJH)-2018-10-185] [REFERRED TO]
NTPC LTD. VS. RASHTROPATI GHOSH [LAWS(CAL)-2023-3-110] [REFERRED TO]
STATE OF WEST BENGAL VS. SHREE GOURI SHANKAR JUTE MILLS LTD. [LAWS(CAL)-2022-11-31] [REFERRED TO]
EXECUTIVE ENGINEER, U P STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD VS. NAZIR AND OTHERS [LAWS(ALL)-2018-4-95] [REFERRED TO]
STATE OF U P & ANOTHER VS. RASHMI JAIN [LAWS(ALL)-2018-1-467] [REFERRED TO]
STATE OF U.P. VS. KUNWAR PAL SINGH, [LAWS(ALL)-2017-5-86] [REFERRED TO]
RAM PHAL AND OTHERS VS. STATE OF U P AND OTHERS [LAWS(ALL)-2019-3-162] [REFERRED TO]
U.P. AVAS EVAM VIKAS PARISHAD VS. SMT. RUKMAN DEVI & OTHERS [LAWS(ALL)-2016-2-230] [REFERRED TO]
COLLECTOR, VARANASI VS. DEV BRAT AND OTHERS [LAWS(ALL)-2018-2-233] [REFERRED TO]
ROSHANBI AZIZ MOTIWALA VS. COMPETENT AUTHORITY [LAWS(BOM)-2023-4-5] [REFERRED TO]
SH. ZOMUANA VS. STATE OF MIZORAM [LAWS(GAU)-2016-1-52] [REFERRED TO]
THE MANAGING DIRECTOR, G.I.D.C. AND ORS. VS. BALKRISHNA S.S. KAKODKAR AND ORS. [LAWS(BOM)-2015-1-105] [REFERRED TO]
ASHOK SIDRAMAPPA YENEGURE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-1-44] [REFERRED TO]
CITY INDUSTRIAL AND DEVELOPMENT CORPORATION VS. SUNIL, S/O RATANLAL JETHLIYA [LAWS(BOM)-2018-2-343] [REFERRED TO]
LAND ACQUISITION COLLECTOR & ORS. VS. SMT. KANTA DEVI & ORS. [LAWS(HPH)-2018-7-119] [REFERRED TO]
GAS AUTHORITY OF INDIA LIMITED VS. AMRUBAI W/O GOPALJI & OTHERS [LAWS(MPH)-2018-4-439] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY, INDORE VS. RAMESH [LAWS(MPH)-2018-7-88] [REFERRED TO]
STATE OF MADHYA PRADESH VS. DINESH [LAWS(MPH)-2020-12-24] [REFERRED TO]
RAMANNA VS. SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOPMENT PROJECT [LAWS(KAR)-2019-2-229] [REFERRED TO]
STATE OF KERALA VS. K.MANIYAN [LAWS(KER)-2016-6-130] [REFERRED TO]
HARINDER KUMAR AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-10-176] [REFERRED TO]
UNION PUBLIC SERVICE COMMISSION VS. CHANDAN KUMAR [LAWS(DLH)-2015-12-581] [REFERRED]
STATE OF HP & ANR VS. KAUSHLYA DEVI & ORS [LAWS(HPH)-2015-4-139] [REFERRED]
AKASH COOPERATIVE GROUP HOUSING SOCIETY LTD. VS. STATE OF HARYANA [LAWS(P&H)-2020-5-58] [REFERRED TO]
C K RAMA MURTHY VS. STATE ELECTION COMMISSION [LAWS(KAR)-2015-6-272] [REFERRED TO]
DIRECTOR, CENTRAL POTATO RESEARCH INSTITUTE VS. NAGENDER SINGH AND OTHERS [LAWS(HPH)-2017-6-69] [REFERRED TO]
STATE OF H.P. AND OTHERS VS. MADAN LAL AND OTHERS [LAWS(HPH)-2017-12-181] [REFERRED TO]
DHARAM PAL VS. STATE OF U P [LAWS(ALL)-2019-3-146] [REFERRED TO]
LALIT KISHORE VS. STATE OF H.P. & OTHERS [LAWS(HPH)-2018-6-101] [REFERRED TO]
SAVITRI DEVI AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2018-7-19] [REFERRED TO]
BANGALORE METRO RAIL CORPORATION LIMITED (BMRCL) VS. B. A. INDIRAMMA [LAWS(KAR)-2021-4-22] [REFERRED TO]
STATE OF WEST BENGAL VS. BINITA DAS & ORS. [LAWS(CAL)-2016-5-109] [REFERRED TO]
KIRAN PAL AND OTHERS VS. STATE OF U P [LAWS(ALL)-2019-5-133] [REFERRED TO]
AGRA DEVELOPMENT AUTHORITY VS. NAFISHA BEGUM [LAWS(ALL)-2019-7-110] [REFERRED TO]
BULANDSHAHR KHURJA DEVELOPMENT AUTHORITY VS. AMIR KUWAR AND ORS. [LAWS(ALL)-2019-7-472] [REFERRED TO]
IMTYAZ ALAM VS. COLLECTOR BHADHOHI [LAWS(ALL)-2017-1-460] [REFERRED TO]
JOSE ALMEIDA VS. DEPUTY COLLECTOR AND LAND ACQUISITION OFFICER, SUB-DIVISION, MARGAO, GOA [LAWS(BOM)-2015-4-421] [REFERRED]
GOA INDUSTRIAL DEVELOPMENT CORPORATION VS. MARIA TEREZA N. QUADROS E CRUZ CARVOTTA [LAWS(BOM)-2014-12-23] [REFERRED TO]
BALWANT SINGH VS. UNION OF INDIA & ANR. [LAWS(DLH)-2016-1-24] [REFERRED TO]
MOHAMMAD YUSUF AND OTHERS ETC ETC VS. STATE OF HARYANA AND OTHERS [LAWS(SC)-2018-4-57] [REFERRED TO]
GUJARAT INDUSTRIES POWER CO LTD VS. FATIMABEN [LAWS(GJH)-2016-10-111] [REFERRED TO]
THE SPECIAL TAHSILDAR (LA) VS. K. PREMA DHATRI [LAWS(MAD)-2017-4-243] [REFERRED TO]
PIRYAVERT AND ANOTHER VS. HARYANA GOVERNMENT AND OTHERS [LAWS(P&H)-2015-11-273] [REFERRED TO]
PERFECT THREAD MILLS LIMITED VS. COMPETENT AUTHORITY (LAND ACQUISITION) CUM SDO, GIRWA & ANR [LAWS(RAJ)-2015-11-162] [REFERRED]
DARSHANA DEVI VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2016-10-4] [REFERRED TO]
THE DEFENCE ESTATE OFFICER, JULLUNDER CIRCLE VS. ABOHAR COLD STORAGE AND ORS. [LAWS(P&H)-2019-7-469] [REFERRED TO]
UJJAIN DEVELOPMENT AUTHORITY VS. RUGNATH S/O BHAGWAN & OTHERS [LAWS(MPH)-2016-9-146] [REFERRED]
NISAR AHMED RAMZAN-MOMIN VS. THE SPECIAL LAND ACQUISITION OFFICER [LAWS(BOM)-2018-2-114] [REFERRED TO]
KAILASH AND OTHERS VS. STATE OF M P [LAWS(MPH)-2016-9-96] [REFERRED]
MANOJ KUMAR ETC. ETC. VS. STATE OF HARYANA AND OTHERS ETC. ETC. [LAWS(SC)-2017-9-155] [REFERRED TO]
ANAND BALLABH TRIVEDI (SINCE DECEASED) VS. STATE OF U P AND OTHERS [LAWS(ALL)-2017-4-354] [REFERRED TO]
SHIV RAM SINGH VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2019-5-136] [REFERRED TO]
STATE OF GOA VS. LAXMIKANT D NAIK KARMALI [LAWS(BOM)-2016-5-101] [REFERRED]
STATE OF HIMACHAL PRADESH AND ORS. VS. DAVE RAM AND ORS. [LAWS(HPH)-2016-3-60] [REFERRED TO]
STATE OF H P & ORS VS. GEETA RAM [LAWS(HPH)-2017-7-65] [REFERRED TO]
NITIN ALIAS NITINKUMAR S/O CHANDRAKANT VIBHUTE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-2-149] [REFERRED TO]
STATE OF KERALA VS. THOMAS AND ORS. [LAWS(KER)-2015-12-158] [REFERRED TO]
NEW WORLD INVESTMENT (P) LIMITED VS. STATE OF KERALA REPRESENTED BY SECRETARY FORESTS AND WILDLIFE DEPARTMENT [LAWS(KER)-2016-12-203] [REFERRED TO]
SUNITHA K. E. VS. STATE OF KERALA [LAWS(KER)-2016-6-265] [REFERRED TO]
SUNITHA K. E. VS. STATE OF KERALA [LAWS(KER)-2016-6-265] [REFERRED TO]
JUDGEMENT
R.BANUMATHI, J. -
(1.)THESE appeals are directed against the impugned Orders dated 24.12.2010
and 13.10.2011 passed by Delhi High Court in L.A. Appeal No.149/2007 and
C.M. No.735/2011 in L.A. Appeal No.149/2007 respectively by which High
Court awarded compensation at the rate of Rs.14,974/ - per sq. yard for
appellants ' land acquired by the Delhi Development Authority (DDA) for
development of Vasant Kunj Residential Scheme, Delhi along with interest
and proportionate costs.
(2.)SHORN of details of the previous notification in 1983 and the earlier rounds of litigation, background facts in a nutshell are as follows: On 19.2.1997, a fresh notification was issued by the Land and Building Department, Govt. of NCT of Delhi under; Sections 4 and 17 of the Land Acquisition Act, 1894 (the Act) proposing to acquire the land of the appellants measuring 12 Bigha (12096 sq. yards) for development of Vasant Kunj under the planned development scheme of Delhi. Land Acquisition Collector (LAC) by award No. 2/98 -99 dated 18.9.1998 assessed the market value of the land @ Rs.2,05,642.07 paise per bigha (Rs.205/ -per sq.yard), adding additional interest @ 12% per annum on the market value of land and the solatium @ 30% on the market value of land and the compensation was fixed @ Rs.37,21,180.05 paise per bigha.
(3.)AGGRIEVED by the award, the appellants filed Reference Petition under Section 18 of the Act before the Additional District Judge (LAC), Delhi. In the reference court, the appellants produced four documents Exs A7 to A10 -perpetual lease deeds of residential plots in Vasant Kunj, executed between September 1995 to December 1996 at the rates ranging from Rs.28,719/ - to Rs.47,542/ - per sq. yard. The reference court held that the lease deeds of auction of a developed plot by a public authority are not a proper guide for determining the fair market value of the acquired lands and reference court discarded the exemplars - Exs A7 to A10 lease deeds and rejected the claim of the appellants for enhancement of compensation.
Aggrieved by the decision of the reference court, appellants filed Land Acquisition Appeal No.149/2007 before High Court of Delhi. The High Court had taken average of the exemplars - Exs A7 to A10 and deducted 40% from the average price towards smallness of the area and further deducted one third towards development of land and fixed the market value of the land at Rs.14,974/ - per sq. yard. High Court held that the appellants shall be entitled to 30% solatium on the above market value of the land under Section 23(2) of the Act and 12% of the additional amount under Section 23(1 -A) of the Act. The High Court further ordered that in terms of Section 28 of the Act on the enhanced market value, the appellants shall be paid interest @ 9% per annum from 19.2.1997 i.e. date of notification under Section 4 of the Act till 18.2.1998 and thereafter @ 15% per annum till the date of deposit of compensation. It was also held that interest shall also be paid on solatium and additional amount. The appellants filed application C.M. No.735/2011 in L.A. Appeal No.149/2007 before the High Court under Sections 152 and 153 read with Section 151 C.P.C. to award Rs.48 lakhs which was paid as court fees and also prayed for award of interest under Section 34 for the enhanced compensation. The application was allowed in part by order dated 13.10.2011, granting proportionate costs to the appellants over and above Rs.20,000/ - as awarded in High Court 's judgment dated 24.12.2010. Being aggrieved by the quantum of compensation and award of proportionate cost, the appellants are before us.
(2.)SHORN of details of the previous notification in 1983 and the earlier rounds of litigation, background facts in a nutshell are as follows: On 19.2.1997, a fresh notification was issued by the Land and Building Department, Govt. of NCT of Delhi under; Sections 4 and 17 of the Land Acquisition Act, 1894 (the Act) proposing to acquire the land of the appellants measuring 12 Bigha (12096 sq. yards) for development of Vasant Kunj under the planned development scheme of Delhi. Land Acquisition Collector (LAC) by award No. 2/98 -99 dated 18.9.1998 assessed the market value of the land @ Rs.2,05,642.07 paise per bigha (Rs.205/ -per sq.yard), adding additional interest @ 12% per annum on the market value of land and the solatium @ 30% on the market value of land and the compensation was fixed @ Rs.37,21,180.05 paise per bigha.
(3.)AGGRIEVED by the award, the appellants filed Reference Petition under Section 18 of the Act before the Additional District Judge (LAC), Delhi. In the reference court, the appellants produced four documents Exs A7 to A10 -perpetual lease deeds of residential plots in Vasant Kunj, executed between September 1995 to December 1996 at the rates ranging from Rs.28,719/ - to Rs.47,542/ - per sq. yard. The reference court held that the lease deeds of auction of a developed plot by a public authority are not a proper guide for determining the fair market value of the acquired lands and reference court discarded the exemplars - Exs A7 to A10 lease deeds and rejected the claim of the appellants for enhancement of compensation.
Aggrieved by the decision of the reference court, appellants filed Land Acquisition Appeal No.149/2007 before High Court of Delhi. The High Court had taken average of the exemplars - Exs A7 to A10 and deducted 40% from the average price towards smallness of the area and further deducted one third towards development of land and fixed the market value of the land at Rs.14,974/ - per sq. yard. High Court held that the appellants shall be entitled to 30% solatium on the above market value of the land under Section 23(2) of the Act and 12% of the additional amount under Section 23(1 -A) of the Act. The High Court further ordered that in terms of Section 28 of the Act on the enhanced market value, the appellants shall be paid interest @ 9% per annum from 19.2.1997 i.e. date of notification under Section 4 of the Act till 18.2.1998 and thereafter @ 15% per annum till the date of deposit of compensation. It was also held that interest shall also be paid on solatium and additional amount. The appellants filed application C.M. No.735/2011 in L.A. Appeal No.149/2007 before the High Court under Sections 152 and 153 read with Section 151 C.P.C. to award Rs.48 lakhs which was paid as court fees and also prayed for award of interest under Section 34 for the enhanced compensation. The application was allowed in part by order dated 13.10.2011, granting proportionate costs to the appellants over and above Rs.20,000/ - as awarded in High Court 's judgment dated 24.12.2010. Being aggrieved by the quantum of compensation and award of proportionate cost, the appellants are before us.
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