Delhi District Court
Jeet Singh - Son vs Union Of India on 15 April, 2011
IN THE COURT OF SH. SANJEEV KUMAR:
ADDITIONAL DISTRICT JUDGE : ROHINI COURTS : DELHI
LAC No.218A/09
U. ID No.02404C0074862009
IN RE :
JAI CHAND (DECEASED) THROUGH LRS
1. JEET SINGH - SON
2. MANJEET SINGH - SON
3. ROSHNI - DAUGHTER W/O NAHAR SINGH
4. DEVI DAUGHTER
...... PETITIONERS
Versus
1. UNION OF INDIA
LAND ACQUISITION COLLECTOR,
NORTH WEST,
DELHI.
2. DELHI DEVELOPMENT AUTHORITY
THROUGH ITS VICE CHAIRMAN,
VIKAS SADAN, NEW DELHI.
........RESPONDENTS
Award No. 24/200304
Village NARELA
Date of Award/ Date of
Announcement of Award 29.01.2004
LAC No.218A/09 Page 1 of 10
Notification U/S 4 F.11(6)/99/L&B/LA/1410
dt. 02.5.2001
Notification U/s 6 F.11 (6)/99/L&B/LA/1422
dt. 23.4.2002
Date of Receipt of Reference : 27.09.2007
Date of Reserving Judgment: 15.04.2011
Date of pronouncement: 28.04.2011
REFERENCE PETITION UNDER SECTION 18 OF THE
LAND ACQUISITION ACT 1894
J U D G M E N T
1. A large tract of Land measuring 1140 bigha 5 biswa 8 biswani of village Narela, Delhi, was acquired by the Govt. for a public purpose namely "development of Sector 1, 2,3 & 4, Narela Phase 1/1 under Planned Development of Delhi". Notification under Section 4 of The Land Acquisition Act, 1894 (hereinafter referred to as 'LA Act') was issued on 02.05.2001. Declaration under Section 6 was made on 23.4.2002; Thereafter, Award bearing no. 24/0304 was announced by Land Acquisition Collector (hereinafter referred to as LAC) on 29.01.2004. The LAC determined the market price of the acquired land as Rs.15,70,000/ LAC No.218A/09 Page 2 of 10 per acre for land falling in Block 'A' and Rs.14,00,000/ per acre for land falling in 'B' Block.
1.1 The petitioners being dissatisfied with the market value determined by the LAC, filed the present petition u/s 18 of the LA Act, seeking reference to this court. The Land Acquisition Collector forwarded the same to this court, for adjudication.
2. The brief facts giving rise to the present reference petition are that th petitioners was the owner of 1/12 share of the land bearing khasra no.57//3 (416), 7/1(109), 8(412), 13(416), 26(004), situated within the Revenue Estate of Village Narela, Delhi (the said land). The said land was acquired vide notification dated 02.05.2001. In view of the urgency of the scheme the provision of section 17 (1) of the act were also made applicable. The declaration u/s 6 of the LA Act was made vide notification dated 23.04.02 ; The LAC granted the compensation viz. Rs.15,70,000/ per acre for land falling in Block 'A' and Rs.14,00,000/ per acre for land falling in 'B' Block. Land of the petitioner was placed in category 'A', thus was granted compensation @ Rs.15,70,000 per acre. LAC No.218A/09 Page 3 of 10
3. The petitioners have challenged the said award on the following grounds :
i. that LAC had not adopted the correct method of valuation; and determined the market value on the basis of policy of the Government of NCT, fixing indicative price of the agricultural land @ Rs.15,70 lac for the purposes of acquisition in the entire Delhi whereas price of land should have been assessed considering the situation and potentiality of land; ii. that LAC has failed to consider the present physical and existing development in and around the land of the petitioner; iii. that LAC has failed to consider that land of the petitioner is very fertile and leveled and gives 23 commercial crops in a year; iv. that the land of the petitioner is adjacent to various already developed area and village abadi and all the civic facilities like water, electricity, metalled roads, general market, post office, transport facilities, banking facility, hospitals, Higher Secondary Schools, collage, fire station, telephone exchange, Narela Railway Station, police Station, very near to GTK Road, Khampur Radio Station, Narela Anaj Mandi adjacent to the Narela Township. Thus land of the petitioner has great future potentiality to be used for commercial, industrial or residential LAC No.218A/09 Page 4 of 10 purposes ;
v. that LAC has failed to appreciate that land of the petitioner is fit for commercial/industrial/residential poultry farm houses.
4. The petitioners have demanded the compensation of the acquired land at the rate of Rs.10,000 per sq. yards. He has also claimed compensation @ Rs.950/ per quintal for 50 quintal, Rs.1,00,000/ for well and boring with pipes and pump set and Rs.60,000/ for pucca room/kotha.
5. The reference petition was contested by Union of India (hereinafter referred to as 'UOI') as well as Delhi Development Authority (hereinafter referred to as "DDA").
6. Both the respondents have filed their written statement, in which they had taken many objections to the claim filed by the petitioner.
7. In the preliminary objections respondent no. 1 UOI has stated that DLR Act is applicable to the land in dispute and petitioners are not entitle for construction or structure which is raised without the LAC No.218A/09 Page 5 of 10 sanction of law. It is further submitted that LAC has assessed the market value of land as per rates prevailing during the corresponding period for different categories of land besides other statutory benefits.
8. DDA in its reply/WS, has also contended that LAC has passed the award after taking into consideration the market value of the land on the basis of sale deeds of the adjoining lands of the area and the compensation awarded by the LAC is just and reasonable, therefore, claims of the petitioners are liable to be dismissed. It was also denied that all civic amenities were available near the land in question.
9. During admission denial of document Ld. Counsel for the petitioner has admitted the statement u/s 19 LA Act.
10.After the completion of pleadings of the parties, the following issues were framed :
1. Whether the petitioner is entitled to any enhancement in compensation. If so, to what amount ?
2. Relief.
LAC No.218A/09 Page 6 of 10
11.In support of his claim, the petitioners have not led any evidence.
12.During final arguments Ld. Counsel for the petitioner has placed reliance upon the judgment passed by this court in case titled as Prem Singh Vs. UOI bearing LAC No. 69A/09 dated 29.07.09.
13.On the other hand respondents had tendered the copy of the Award as Ex. R1.
14.I have heard the Ld. Counsels for the parties and have also carefully considered the record. My issuewise findings are given hereinafter.
15.FINDINGS ON ISSUE NO. 1 : 15.1 Petitioner has contended that valuation of land determined by LAC is not reasonable as LAC has not adopted the correct method of valuation. However, he has not lead any evidence to support their contention that how the LAC was wrong in fixing market value of land. Ld. Counsel for the petitioner only relied upon the judgment titled as Prem Singh Vs. UOI (Supra) stated that award be passed in terms of the said LAC No.218A/09 Page 7 of 10 judgment and the same enhancement which was granted in the said judgment be also granted to them.
15.2 Prem Singh Vs. UOI (Supra) pertained to the same award, same village and same notification by which the land of the present petition is acquired. In the said case I have examined all the evidence led by the petitioner and thereafter determined the market rate @ Rs. 15,85,000/ per acre by giving enhancement @ 12% simple interest for the intervening period i.e. 01.04.2001 to 02.05.2001 (round of 1 month) on the market value determined by LAC i.e. Rs.15,70,000/ per acre as notification u/s 4 was issued 02.05.2001 where as govt. policy came into effect from 01.04.2001. In this regard, I also find support from the judgment of Rameshwar Solanki & another Vs UOI & another, AIR 1995 DELHI 358, wherein escalation at the rate of 12% per annum was allowed to arrive at a fair market value, which comes to Rs.15,85,700/ (Rs.15,70,000 + Rs.15,700). Thus I determine market price of the said land @ Rs.15,85,700/ per acre.
LAC No.218A/09 Page 8 of 10
16.Besides above, petitioners shall be entitled to other statutory benefits i.e 12% Addl. Amount as per section 23 (1) A & 30% solatium u/s 23 (2) & will be entitle to interest on the market value @ 9% per annum for the first year & 15% for subsequent year till the making of payment of enhanced compensation by LAC as per provision of Section 28 of the Act.
Issue no. 1 decided accordingly.
17.Findings on Issue No.2 - RELIEF 17.1 In view of the findings on Issue no.1, the petitioners are entitled to the following reliefs:
a) enhancement in compensation from Rs.15,70,000 per acre to Rs.15,85,700 per acre i.e. enhancement @ Rs. 15,700/ per acre for the land as per revised statement u/s 19 LA Act;
b) additional amount u/s 23 (1A) @ 12% p.a., on the market value from the date of notification u/s 4 of the LA Act till the date of award or dispossession, whichever is earlier ; LAC No.218A/09 Page 9 of 10
c) solatium u/s 23(2) of LA Act @ 30% on the enhanced amount of compensation ;
d) interest under Section 28 of L.A Act at the rate of 9% per annum for the first year from the date of dispossession and at the rate of 15% per annum on the difference between the enhanced compensation awarded by this court and the compensation awarded by the LAC for the subsequent period till its payment ;
17.2 Reference is disposed of accordingly. 17.3 Decree sheet be prepared accordingly. A copy of the judgment be sent to LAC for necessary action. 17.4 File be consigned to record room.
ANNOUNCED IN OPEN COURT (SANJEEV KUMAR)
TODAY i.e. ON 28.04.2011 ADJ01/ROHINI/DELHI
LAC No.218A/09 Page 10 of 10