D.D.A vs Bholanath Sharma(Dead) By Lrs. & Ors

11. The Land Acquisition Collector passed award dated 25.6.1979 whereby he divided the acquired land into three Blocks i.e. `A', `B', `C' and fixed market value thereof at the rate of Rs.84/- per sq. yd., Rs.63/- per sq. yd. and Rs.42/- per sq. yd. respectively.

12. Feeling dissatisfied with the award of the Land Acquisition Collector, the respondents filed applications under Section 18 of the Act for making reference to the Court for determination of the amount of compensation. Thereupon, the Collector made reference to the concerned Court. Vide judgment dated 27.9.1980, the Reference Court disposed of L.A.C. No.2 of 1980 - Bhola Nath and another v. Union of India and held that the claimants are entitled to compensation at the rate of Rs.175 per sq. yd. with 15 per cent solatium and 6 per cent interest w.e.f. 30.6.1978. L.A.C. No.105 of 1984 - 8 Smt. Narbada Devi and others v. Union of India was disposed of by the Reference Court vide judgment dated 14.5.1984 by dividing the land of the claimants into two Blocks i.e. `B' and `C' and fixing market value of the two blocks at Rs.129/- per sq. yd. and Rs.108/- per sq. yd. respectively.

13. The contesting respondents challenged the judgments of the Reference Court in RFA Nos.65 of 1981 and 266 of 1984 and prayed for grant of compensation at the rate of Rs.575/- per sq. yd. After 17 years of filing the appeal, Bhola Nath and another sought leave of the court to amend the memo of appeal so as to enable them to claim compensation at the rate of Rs.3000/- per sq. yd. Similar prayer was made on behalf of Smt. Narbada Devi and others by filing separate application sometime in 1996. The Land Acquisition Collector opposed the prayer for amendment but the High Court allowed the applications.

8. We are further of the view that delay in filing the special leave petitions deserves to be condoned because after having learnt about the impugned judgment, the concerned functionaries of the DDA took steps to collect the papers relating to the acquisition proceedings, sought opinion of the Advocate-on-Record and the Solicitor General and then filed the special leave petitions. In the facts of this case, it is appropriate to invoke the principles laid down in Collector, Land Acquisition v. Katiji (1987) 2 SCC 107 and State of Haryana v. Chandra Mani (1996) 3 SCC 132 for the purpose of condonation of delay. Accordingly, the application filed by the DDA for grant of permission to challenge the judgment of the High Court is allowed and delay in filing of the special leave petitions is condoned.

14. Thereafter, the Division Bench of the High Court disposed of both the appeals and held that the contesting respondents are entitled to enhanced compensation at the rate of Rs.2000/- per square yard with 15% solatium and 6% interest from the date of dispossession.

27. In view of the above discussion, we hold that :

28. In the result, the appeals are allowed. The impugned judgment of the Division Bench of the High Court as also the judgments of the Reference Court are set aside and the matters are remitted to the Reference Court for deciding the two references afresh after giving opportunity of hearing to the parties, which shall necessarily include opportunity to adduce evidence for the purpose of determining the amount of compensation. The Reference Court shall decide the matter without being influenced by the observations contained in the judgment of the High Court and this judgment.

29. In view of the above conclusions, the cross-objections filed on behalf of the Union of India and the Land Acquisition Collector in C.A. Nos.6564 and 6565 of 2001 are disposed of as infructuous. However, as the judgments of the Reference Court and the High Court have been set aside and a direction has been given for fresh determination of the amount of compensation payable to the respondents, the Union of India and the Land Acquisition Collector shall be free to participate in the proceedings before the Reference Court.

30. Since the matter is more than 32 years old, we direct the Reference Court to decide the matter as early as possible but latest within 9 months from the of date of receipt of the copy of this judgment.