1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
SLP (CC) No. 8107 OF 2015

IN THE MATTER OF:

Union of India

.Petitioner
Versus

Smt. Savitri Devi and Anr.

Respondent

LIST OF DATES AND EVENTS

12.04.2006

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

issued a notification under Section 4 of the Land Acquisition
Act, 1894 (hereinafter the 1894 Act) for acquisition of
land/properties for construction of the Shahdara Dilshad
Garden Corridor of Delhi Metro Rail Corporation, Project
Phase II at G.T. Road, Shahdara situated in village Jhilmil
Tahirpur.
Notification dated 12.04.2006 at Annexure P-1,
Pages 17-21, SLP Paperbook

22.05.2006

A declaration under Section 6 of the 1984 Act 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
biswa. A notification under Section 17(1) of the 1984 Act was
also issued on 22.05.2006.
Declaration dated 22.05.2006 at Annexure P 2,
Pages 22-26, SLP Paperbook

24.12.2007

The Land Acquisition 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 was also awarded for structures, boundary,
walls, gate, fittings etc. as per evaluation report submitted by
PWD.
Land owners were given 30% solatium and 12% additional
compensation with interest as under Section 34.

Award dated 24.12.2007 at Annexure P-3,

Pages 27-77, SLP Paperbook
Summary of Award at Page 76, SLP Paperbook
31.05.2014

The Respondent herein Smt. Savitri Devi being aggrieved by

the Order dated 24.12.2007 filed reference under Section 18
of

the

1894.

The

Learned

Additional

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 enhanced compensation @ 9% per
annum from date of dispossession till expiry of one year and
thereafter 15% per annum till payment.
It is imperative to mention here that the Learned District
Judge enhanced compensation relying upon circle rates
under Delhi Stamps (Prevention of Under Valuation of
Instruments) Rules, 2007 whereas it is settled position that
for determining the market value in land acquisition matters
reliance on sale transactions on or about a few days before
the Section 4 Notification is the preferred and accepted
method.
Order dated 31.05.2014 at Annexure P-4,
Pages 78-99, SLP Paperbook
16.10.2014

The Petitioner herein being aggrieved by the Order dated

31.05.2014 preferred an appeal before the Honble High
Court of Delhi challenging the method adopted by the
Learned Reference Court for calculation of market value of
the said land. The Honble High Court vide the impugned
judgment and final Order dismissed the appeal and upheld
the judgment dated 31.05.2014 passed by Learned 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.
Impugned Judgement at Pages 1 to 4, SLP Paperbook
Finding and Conclusion at Page 4, SLP Paperbook

.04.2015

Being aggrieved, the Petitioner herein preferred the instant

Special Leave Petition.