V.N.KHARE - (1.) LEAVE granted.
(2.) THIS group of Civil Appeals is directed against the judgment of a Division Bench of Delhi High Court and the questions involved therein relate to the quantum of compensation with regard to acquisition of appellants land situated in village Rangpuri @ Malikpur Kohi, Delhi. Since common questions of fact and law are involved in this group of appeals, we propose to decide them by a common judgment noticing the fact of the case appearing on the record of Civil Appeal No. 7690 of 1994. A large tract of land in village Rangpuri near Palam Airport was notified for acquisition vide notification D/- 23-1-1965 issued under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as the "Act") for planned development of Delhi. Simultaneously, notifications D/- 23-1-1965 were also issued for acquisition of land in villages Masoodpur and Mahipalpur. Some plots of land of village Rangpuri were acquired vide Award no. 1958/67, D/- 16-3-1967. The Land Acquisition Collector while assessing the market value of the acquired land covered by the aforesaid Award, divided the said land into three blocks and fixed Rs. 800.00, Rs. 600.00 and Rs. 400.00 per bigha for Block-I, Block-II and Block-III, respectively. The remaining land of village Rangpuri not covered by earlier award were acquired by Award No. 146/80-81, D/- 30-3-1981. The Land Acquisition Collector while giving the said Award divided the land into two blocks and fixed Rs. 1,800.00 and Rs. 1,500.00 per bigha for Block-A and Block-B, respectively as market value as on 23-1-1965. Since the claimants were not satisfied with the compensation offered by the Land Acquisition Collector, they preferred references to the District Judge, Delhi. Shri Jagdish Chandra, learned Additional District Judge, while dealing with one set of plots of land covered under Award No. 1958, vide judgment D/- 23-3-1971 assessed the market value of the land at Rs. 7,000.00 per bigha for Block-A and Rs. 5,000.00 per bigha for Block-B. Another set of reference cases also pertaining land covered by Award 1958 were dealt with by Shri O.N. Vohra, learned Additional District Judge. After hearing the matter, the learned Additional District Judge vide judgment D/- 5-11-1973 rejected the reference cases altogether and upheld the compensation offered by the Land Acquisition Collector. The third set of reference cases pertaining to land covered by Award No. 146 were decided by Shri T.S. Oberoi, learned Additional District Judge vide judgment D/- 29-4-1986. The learned Additional District Judge, while deciding these cases relied upon the judgment of Shri Jagdish Chandra, Additional District Judge and fixed the market value of the land acquired at Rs. 7,000.00 and Rs. 5,000.00 per bigha, respectively. In the case of land falling in village Masoodpur, Shri S.R. Goel, learned Additional District Judge fixed the market value of the acquired land at Rs. 18,000.00 per bigha as on 23-1-1965. For the remaining land, falling in village Masoodpur, Shri Padam Singh, learned Additional District Judge fixed the market value of the land acquired at Rs. 14,340.00 per bigha with Rs. 10,000.00 as value of minerals and awarded Rs. 24,340.00 per bigha as compensation, vide judgment D/- 12-4-1990. The Union of India filed an appeal in the High Court against the judgment of Shri Padam Singh, Additional District Judge which was registered as Regular First Appeal (in short RFA) No. 567/90. The High Court summarily dismissed the said appeal without assigning any reason and the matter ended there, as Union of India did not prefer any appeal challenging the said judgment passed by a Division Bench of the High Court. So far as the compensation awarded to the claimants for acquisition of their lands in village Mahipalpur was concerned, the High Court relied upon a decision of the High Court rendered in R.F.A. No. 567/90, as there was no sale instance available for fixing the market value of land in village Mahipalpur. Consequently, the High Court by judgment and order dated 17/07/1991 allowed R.F.A. 122/78 and fixed the market value of the land in village Mahipalpur at Rs. 14,340.00 per bigha as on 23-1-1965.
(3.) TO connect the chain of events, the claimants who are appellants before us, being not satisfied with the compensation awarded by three different Additional District Judges filed three sets of appeals before the High Court. Some of the appellants before us filed Regular First Appeal against the order of Shri Jagdish Chandra, Additional District Judge in Land Acquisition Case No. 415/67 decided on 29-3-1971 relating to Award No. 1958 whereby the learned Additional District Judge fixed the market value at Rs. 7,000.00 per bigha for block 1 land and Rs. 5,000.00 per bigha for block 2 land. The appellants/claimants who were given compensation at the rate of Rs. 5,000.00 per bigha in their appeals claimed that they ought to have been given compensation @ Rs. 7,000.00 per bigha. The Union of India also filed appeals against the aforesaid judgment of Shri Jagdish Chandra, Additional District Judge. In the said appeals the claimants filed cross-objections. While these appeals were pending, the High Court decided Regular First Appeal No. 122/78 Hoshiar Singh etc. v. Union of India awarding compensation at the rate of Rs. 14,340.00 per bigha in respect of land acquired in village Mahipalpur. In view of the said decision of the High Court, the claimants claimed compensation @ Rs. 14,340.00 per bigha for all cetegories of lands instead of Rs. 7,000/- per bigha, as awarded by the Reference Court. Regular First Appeals were also filed against the judgment of Shri O.N.Vohra Additional District Judge in Land Acquisition Case No. 455/67 arising out of Award No. 1958 whereby Shri Vohra, learned Additional District Judge rejected the references holding that the claimants were not entitled to the enhancement of compensation. Shri Vohra, learned Additional District Judge was of the view that the sale deed in relation to Khasra No. 1587/1 was sham and bogus and, as such, the same was not worthy of reliance. Regular First Appeals Nos. 333/87 and 431/86 were also filed against the judgment of Shri T.S. Oberoi, Additional District Judge rendered in Land Acquisition Case No. 29/83 decided on 24-11-1986. All these appeals and cross-objections were consolidated and heard together by the High Court. The High Court by the impugned judgment partly allowed the appeals of Union of India and appellants holding that the claimants/appellants were entitled to compensation @ Rs. 3,000.00 per bigha in respect of the entire lands as the High Court did not approve of the division of land in three blocks considering its potential value. The claimants were also given solatium in accordance with the law prevalent at the relevant time. Aggrieved, the appellants have come to this Court by filing Special Leave Petitions.;