JAIPUR DEVELOPMENT AUTHORITY versus MAHAVIR HOUSING CO-OP., SOCIETY, JAIPUR ETC.

Citation: [1996] SUPP. 6 S.C.R. 491 · Decided: 18-09-1996 · Supreme Court of India · Bench: K. RAMASWAMY, FAIZAN UDDIN, G.B. PATTANAIK · Disposal: Appeal(s) allowed
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Judgment (excerpt)

JAIPUR DEVELOPMENT AUTHORITY 
v. 
MAHA VIR HOUSING CO-OP., SOCIETY, JAIPUR ETC. 
SEPTEMBER 18, 1996 
[K. RAMASWAMY, FAIZAN UDDIN AND 
G.B. PATTANAIK, JJ.) 
Land Acquisition Act, 1894: 
A 
B 
Compensation-Award of-In the given circumstances of the case two C 
times more than what was granted by the Land Acquisition Officer would be 
the just compensation-Central Amendment Act applicable from August 1, 
1987 to the acquisition in State of Rajasthan-Hence only 6% p.a. interest 
payable prior to 1.8.1987 and thereafter at 15% p.a. on the enhanced com-
pensation till date of deposit in Cowt-Also entitled to solatium on the D 
enhanced cpmpensation at 30o/u-Not entitled to additional amount. 
Umed Industries & Land Development Co. & Ors. v. State of Rajasthan 
& Ors., (1995] 2 SCC 563; Prem Nath Kapur and Anr. v. National Fe1tilizers 
Corpn. of India Ltd. and Ors., (1996] 2 SCC 71; Union of India v. Raghubir 
Singh, (1989] 3 SCR 316 and Bai Shaloiben v. Sp/. LA.O., (1996) 4 SCALE E 
636, relied on. 
State of Punjab & Ors. v. Mohinder Singh Randhawa & Anr., [1993] 
Supp. 1 SCC 49, referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12662 of 
1996 Etc. 
From the Judgment and Order dated 20.12.9~ of the Rajasthan High 
Court in R.P. No. 1059 of 1993. 
Dr. Shankar Ghose and A.K. Goel for the Appellant. 
Tapas Ray, S.M. Jain, Sushil Kr. Jain, A.P. Dham.ija, Mrs. Pratibha 
Jain and Prakash Shrivasatava for the Respondents. 
The following Order of the Court was delivered : 
491 
F 
G 
H 
,.. 
492 
SUPREMECOURTREPORTS (1996)SUPP.6S.C.R. 
A 
Leave granted. 
B 
Notification under Section 4(1) of the Rajasthan Land Acquisition 
Act, 1953 was published on August 21, 1969 acquiring a large extent of 484 
bighas 11 biswas of land for Jaipur Urban Development Scheme by dif-
ferent notifications. An extent of 4 acres 5 biswas (9845 sq. yds.) relates to 
the acquisition in appeal arising out of SLP (C) No. 14811/94 .. ln respect 
of the appeal rising out of SLP (C) No. 6519/94, an extent of 10 bighas 7 
biswas was acquired. The Land Acquisition Officer. determined the com-
pensation by his award dated July 16, 1981 and 9ctober 12, 1981 respec-
tively determining the compensation at the rate of Rs. 5,000 per bigha to 
C the respondent - Jai Ambe Co-op. Housin~ Society and Rs 7,500 per bigha 
to the respondent - Mahavir Housing Co-op. Society. On reference, the 
civil Judge enhanced the compensation at the rate of Rs: 40,000 per bigha. 
As regards the award of the Civil Judge, an appeal was filed against the 
respondent - Jai Ambe Co-op. Society Ltd. The learne.d single Judge in 
D appeal No. 142/92 has confirmed the same by judgment dated May 2, 1994. · 
As regards the award in favour of Mahavir Housing Co-operative Society, 
no appeal was filed. But in execution an objection has been raised· regard-
ing additional amount award under Section 23(1-A) which was negatived. 
On revision, the High Court in Revision No. 1059/93 dated December 20, 
E 1993 confirmed the sanie. Thus, these appeals by special leave. 
F 
When the matter relating to M~avir Housing Co-operative Society 
initially came up, notice was confined in respect of Section 23(1-A), but 
later when it was brought to our notice of the fraud and collusi?n between 
the officers entrusted with the prosecution on behalf of the appellant.and 
the claimants, we have indicated to the counsel that we would go into the 
·question of determination of the compensation. Thus, these cases are heard 
together. It is seen that from the evidence adduced before the reference 
Court in respect of Jai Ambe Co-operative Housing Society except one 
claimant Mr. Garg, not documentary evidence has been adduced in sup-
G port of the claimant for enhancement. Two awards under Section 26 came 
to be filed in which one award relating to the Mahavir Housing Co-opera-
tive Society and another award relating to the same notification but an 
amount of Rs. 24,000 per bigha was awarded. As regards the claim in 
Mahavir Housing Co-operative Society is concerned, they relied upon a 
H judgment of the High Court in which the High Court has granted to some 
JAIPURDEV.AUTIIORITYv.MAHAVlRHSG.CO-OP.SOCY. 
493 
lands at the rate of Rs. 12 per sq. yd. which relates to the acquisition of A 
1964 and also a certificate issued by Tehsildar relating to some other 
village, which worked out at· the rate. of Rs. 44,000 per acre and the sale 
deeds in support thereof. One curious fact in both the cases that cannot 
be lo
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