Devinder Gupta, J.— These 37 appeals have been preferred by the claimants as well as by Union of India under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). Claimants have sought further enhancement in the amount of compensation whereas Union of India in the appeals filed by it is claiming reduction in the amount of compensation. Some of the claimants have filed cross-objections also in the appeals filed by Union of India seeking further enhancement in the amount of compensation.
2. Considerable land situate in village Masoodpur was notified for being acquired for public purpose, namely, Planned Development of Delhi on the basis of notification issued under Section 4 of the Act on 24.10.1961 Declaration had not yet been made under Section 6 of the Act with respect to the land which was notified for being acquired on 24.10.1961 when another notification under Section 4 of the Act was issued on 23.1.1965 notifying further land for being acquired for public purpose at public expense, namely, Planned Development of Delhi.
3. For part of the land notified on 24.10.1961 declaration under Section 6 was made on 5.5.1966 for which the Collector made his Award No. 1944 on 25.2.1967 For the remaining land declaration under Section 6 was made on 6.8.1966 and the Collector, Land Acquisition made his Award No. 2040 on 2.12.1967 Under the second notification issued under Section 4 of the Act on 23.1.1965 part of the land was included in notification issued on 6.9.1966 under Section 6 of the Act and for that land Award No. 2225 was made by the Collector on 26.3.1969 For the remaining land declaration under Section 6 of the Act was issued on 26.12.1968 and the Collector on 22.12.1980 made his Award No. 90/80-81.
4. On the Collector offering amount of compensation under various awards claimants felt aggrieved and sought references, which were forwarded to the Reference Court. Some of the references were answered earlier against which appeals were filed in this Court and even further appeals were filed in Supreme Court, which stand disposed of.
5. Out of the Collector's Award No. 2040 dated 2.12.1967 and Award No. 2225 dated 26.3.1969 four references were answered by the Reference Courts by separate awards which were also challenged by Union in four appeals which were heard by us alongwith these appeals. In the four appeals and these appeals the precise question was about the determination of the amount of compensation payable to the claimants for their lands acquired through notifications dated 24.10.1961 and 23.1.1965
6. By a common judgment delivered by us in RFA 83/87 Union Of India… v. Rajiv Gupta & Ors.… the said fur appeals have been decided to-day holding the fair market value of the land acquired through notification issued under Section 4 of the Act on 24.10.1961 at Rs. 30/- per sq. yard and Rs. 58/- per sq. yard respectively for land without china clay and land with china clay. Fair market value for the land acquired through subsequent notification dated 23.1.1965 has also been determined in the said judgment for the land with china clay and land without china clay at Rs. 98/- per sq. yard and Rs. 72/- per sq. yard respectively. In these cases also learned Counsel for the claimants had urged that the claimants will be entitled to compensation at the same rate as would be determined in RFA 83/87, since the lands acquired through the two notifications were similarly situated having similar potentiality. Topography, situation and potentiality of the land acquired through the two notifications situate within the same revenue estate of Masoodpur has been noticed by us in the decision rendered by us today and for that reason no separate determination deserves to be made in these appeals. This Court consistently following the practice of allowing compensation at least at the same market rate to all the claimants whose land is acquired through the same notification for the same public purpose and situate in the same village unless it is shown that there is any other special factor to deviate from the practice of not allowing similar market value. No circumstance has been brought to our notice in these appeals that the claimants lands were not similarly situated. There is also no other circumstance brought to our notice even by the claimants that they will be entitled to higher amount of compensation. Union of India has also not brought to our notice that claimants would be entitled to market value less than the one determined in RFA 83/87. In this view of the matter these appeals deserve to be disposed of in terms of the decision in Rajiv Gupta's case (supra).
7. Consequently the appeals filed by Union of India are dismissed. The appeals of the claimants and the cross-objections of the claimant/respondents are allowed with proportionate costs holding the claimants entitled to compensation @ Rs. 30/- per sq. yard and Rs. 58/- per sq. yard respectively for lands without china clay and with china clay which were acquired through notification dated 24.10.1961 and which are subject matter of Award Nos. 1944 and 2040 dated 25.2.1967 and 2.12.1967 respectively. The claimants whose lands were acquired through notification dated 23.1.1965 and are subject matter of Award No. 2225 dated 26.3.1969 and Award No. 90/80-81 dated 22.12.1980 are held entitled to compensation @ Rs. 98/- per sq. yard and Rs. 72/- per sq. yard respectively for lands with china and lands without china clay. Over and above the amount of compensation the claimants in such cases where the Reference Court answered the reference prior to 30.4.1982 will be paid solatium @ 15% on the enhanced market value and interest @ 6% p.a from the date of Collector taking possession till payment of the compensation. In all cases where the Reference Court answered the reference after 30.4.1982 claimants will be paid solatium at 30% on the enhanced market value and interest @ 9% p.a for a period of one year of the Collector taking possession and thereafter @ 15% p.a till the date of payment. The claimants in all cases will also be paid 6% interest under Section 4(3) of the Land Acquisition (Amendment and Validation) Act, 1967 on the market value of the land, as determined by this Court from the date of expiry of period of three years of the date of notification under Section 4(1) of the Act to the date of tender of compensation awarded by the Collector.
8. Interest will also be paid to the claimants on solatium in view of the decision of Supreme Court in Civil Appeal No. 6271/98 (Sunder v. Union of India) and other connected appeals decided on 19.9.2001
9. Decree will be drawn to the extent of the amount of Court-fee paid.
Ordered accordingly.