1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
SLP (CIVIL) No. OF 2015

IN THE MATTER OF:

Union of India

.Petitioner
Versus

Smt. Pooja Rani @ Pooja Prabhakar & Anr.

Respondent

LIST OF DATES AND EVENTS

12.04.2006

The Land & Building Department, Govt. Of NCT of Delhi

issued

notice

for

acquistion

of

land/properties

for

constrution of Shahdara Dilshad Garden Corridor of Delhi

Metro Rail Corporation, Project Phase II at G.T. Road,
Shahdara situated in village Jhilmil Tahirpur.
Annexure P-1 (Pg. 20 25)
22.05.2006

declaration

under

Section

vide

Notification

No.

F.7(5)/2005/L&B/LA/MRTS(NE)/2279 was issued in respect

of an area measuring 16 bigha and 16 bigha. Annexure P
2 (Pg. 26 to 34)
A notification under Section 17(1) also issued on 22.05.2006.
24.12.2007

The land Acquistion Collector vide award No. 2/200708(North-East) determined market value of acquired land @
Rs. 6450/- per sq, allowing 10% escalation in the rates
notified by Ministry of Urban Affairs and Employment,
Department

of

Urban

development

Land

Division

for

commercial and residential premises vide notification dated

16.04.1999 for the period from 01.04.1998 to 31.03.2000.
Compensation also awarded for structures, boundary, walls,
gate, fittings etc. as per evaluation report submitted by PWD.
Land owners given 30% solatium and 12% additional
compensation with interest as under Section 34.
Copy of Award Annexure P-3 (pg. 35 to 97)
29.05.2014

Respondent Smt. Pooja Rani @ Pooja Prabhakar filed

reference under Section 18 being aggrieved by the award.
The Ld. Addl. District Judge, Karkardooma Court, Delhi vide
judgment and order dated 29.05.2014 enhanced the market

value of the land to Rs. 21,920/- per sq meter along with

30% solatium on the market value under section 23(2),
additional amount of 12% per annum on the market value as
under Section 23(1)(a) along with interest on enhanceed
compeensation @ 9% per annum from date of dispossession
till expiry of one year and thereafter 15% per annum till
payment.
The Ld. District Judge enhanced compensation relying upon
circle rates under Delhi Stamps (Prevention of Under
Valuation of Instruments) Rules, 2007.
Annexure P-4 (Pg. 98 to 123)
16.10.2014

The Union of India preferred Land acquistion appeal before

the Honble High Court of Delhi challengin judgment dated
29.05.2014 passed by Ld. ADJ, Karkardooma, Delhi.
The criteria adopted by the reference court for determination
of market value on the basis of circle rates as under Delhi
Stamps (Prevention of under Valuation of Instruments)
Rules, 2007 was challenged as opposed to relying on sale
instances.
The Honble High Court vide impugned judgment dated
16.10.2014 dismissed the appeal and upheld the judgment
dated

29.05.2014

passed

by

Ld.

ADJ,

North

East,

Karkardooma Court, Delhi on the basis that the Honble

High Court believed that the sale instances appeared to be
either undervalued or were sales made under distress. (Pg. 1
to 5)
.04.2015

Being aggrieved, the Petitioner herein preferred the instant

Special Leave Petition. (Pg. 6 to 19)