Delhi District Court
Lac No. 56/12 Kishan Singh & Ors. vs . Uoi & Anr. 1/12 on 4 August, 2016
IN THE COURT OF SH. SANJAY KUMAR, ADDITIONAL
DISTRICT JUDGE-02, WEST, DELHI.
LAC No.56/12
Area: Bakkarwala
Award No.: 01/DC(W)/2006-07 dated 11.08.2006
1. Sh. Kishan Singh (deceased)
Through his LRs
(i) Sh. Mehar Singh (son)
(ii) Sh. Arvind (Grandson)
Son of late Sh. Jagdev Singh
(iii) Ms. Antim (Grand Daughter)
D/o Late Sh. Jagdev Singh
(iv) Smt. Reena (Grand Daughter)
W/o Sh. Jayant Kumar
D/o Late Sh. Jagdev Singh
(v) Sh. Naveen Kumar (Grandson)
S/o Late Sh. Jagphool Singh
(vi) Sh. Jitender Kumar (Grandson)
S/o Late Sh. Jagphool Singh
2. Sh. Sarupe @ Swarup Singh (Deceased)
Through his LRs
(a) Sh. Jagmel Singh
S/o Late Sh. Sarupe @ Swarup Singh
(b) Sh. Jagbir Singh
S/o Late Sh. Sarupe @ Swarup Singh
(c) Smt. Jagwanti (Daughter)
W/o Sh. Kishan
(d) Smt. Sumita (Daughter)
W/o Sh. Amarjeet
LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 1/12
(e) Smt. Darshna (Daughter)
W/o Sh. Ram Karan
3. Sh. Balbir Singh
S/o late Sh. Kamlu
4. Sh. Parveen
S/o Sh. Shri Chand
5. Sh. Joginder
6. Sh. Ashim
Both sons of Sh. Suraj Mal
All residents of Village & Post Office
Dichaon Kalan, New Delhi
......Petitioners
versus
1. Union of India,
Through L.A.C. (West District)
At Rampura, Delhi
2. Delhi Development Authority
Through its Chairman
INA Market, Vikas Sadan,
New Delhi
.....Respondents
Date of institution of the case : 24.08.2012
Date of reserving of judgment : 02.08.2016
Date of pronouncement of judgment : 04.08.2016
(Reference under Section 18 of Land Acquisition Act)
JUDGMENT
1. The Government of NCT of Delhi acquired total land measuring 199 Bigha and 18 Biswa under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act') vide notification no. F.10 (29)/2004/L&B/LA/3338 dated 17.06.2005 also under Section 6 vide notification F.10 LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 2/12 (29)/2004/L&B/LA/2892 dated 31.05.2006. The land was acquired for the purpose of Construction of 100 mtrs R/W link road connecting NH 10 to Dwarka Sub City in village Mundka
- Bakkarwala and other Schemes under Planned Development, Delhi.
2. The Land Acquisition Collector (hereinafter referred to as 'the Collector') passed award no. 1/DC(W)/2006-07 under Section 11 of the Act. The Collector determined the market value of the land under acquisition @ Rs.15,70,000/-
3. According to statement of Section 19 of the Act filed by the Collector petitioners were shown as recorded owner of the acquired land.
Item Name of Khasra Total Area Details of trees/
No. of recorded owner No. in Bigha- Buildings/Crops
NM & share Biswa
244 Kishan Singh S/o 51/5 0-16 - No -
Bhima ¼ share
As per Award
245 Sarupe S/o Bhima
2/1 3-1
¼ share
246 Balbir Singh S/o
Kamloo 1/8 share 6/1 0-2
248 Parveen Kumar S/o
Chand Singh 1/8
share 14/2
249 Aswani S/o Suraj Total : 3-19
Mal 1/6 share
250 Joginder Singh S/o
Suraj Mal 1/6 share
4. The petitioners filed the reference under Section 18 of the Act against the findings and determination of the LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 3/12 market value of the land/property made by the Land Acquisition Collector, West has been referred to the reference court.
5. In brief the facts stated are that the petitioners are the co-owner/co-bhumidars in respect of the land bearing Khasra no. 55/5/2/1 (0-16), 6/1 (3-01), 14/2 (0-2) total measuring 3 bighas 19 biswas, situated in the revenue estate estate of village Bakkarwala, New Delhi which has been acquired by the Government vide above mentioned Award. The petitioners are the only interested persons in the acquired land and there is no other person having any right, title or interest in the said land. The petitioners remained in physical and cultivatory possession of the above mentioned land till the passing of the award and the petitioners themselves delivered the possession of the land to the Govt. of India.
6. It is stated that the petitioners were not aware of the acquisition of the above mentioned land as the petitioners did not receive any notice under Section 12 of the Act as well as any other notice from the office of the Collector and as such petitioners were not aware of the passing of the award as well as acquisition of the land. Hence the present petition is within time from the date of knowledge. The petitioners are not satisfied with the findings of the Collector with regard to the compensation amount and has not accepted the award on the following grounds:
7. The Collector has not adopted the correct method of valuation. The market value as assessed by the Collector is LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 4/12 imaginary and based upon the government policy. The Collector has not appreciated the judgment of the Hon'ble High Court that 'the value cannot be so fixed on the information given by the outside Authority or booklet or directory issued by the Government'. The market value of the acquired land is only to be determined by keeping in view the marketability and potentiality of the land. The market value of the acquired land is to be assessed and determined strictly as provided by law within the preview of Section 23 and 24 of the Act.
8. It is stated that the Collector should have taken into consideration the future potentiality of the land and should have determine the market value by keeping in view the market value as fixed by the Govt. for allotment of residential plots/flats. The DDA with the approval of Govt. of India, Ministry of Urban Development had issued the guidelines, circular showing the statement of market rates or changing unearned increase for the colonies under the control of DDA year wise. It is stated that the DDA has increased the rate of alternative plots from Rs.750/- per sq. yds to Rs.4000/- per sq. yards.
9. It is stated that the land of the petitioners is very fertile and leveled and it give 2-3 commercial crops in a year. It hardly needs any development to be done to make it fit for use as a developed site and it can be used for any purpose after very little efforts. All the amenities and facilities of life, like water, electricity, metaled roads, banking facilities, hospitals, Higher Secondary School, College, telephone exchange, Police Station and is very near to G.T. Road. Many LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 5/12 projects were available to the land of the petitioners much prior to the date of notification under Section 4 of the Act.
10. It is stated that many palatial farm houses have been developed in the close vicinity of the acquired land. The cost of the land of such farm houses is not less then Rs.15000/- per sq. yds. The petitioners further mentioned the provisions Article 300-A of the Constitution of India.
11. It is stated that the Collector has not taken into consideration the relevant sale transactions of the land in the adjoining villages like Nangloi, Mundka etc. where the market value of the land is minimum Rs.20,000/- per sq. yds.
12. The petitioners seek compensation according to the value of land @ Rs.20,000/- per sq. yds.; interest on the Solatium of the enhanced amount; interest @ 24% p.a. on enhanced amount of compensation w.e.f. the date of notification under Section 4 (1) of the LA Act alongwith all other statutory benefits.
13. The respondent no.1/ Land Acquisition Collector (West) filed written statement. It is stated that the compensation assessed by the Collector is sufficient, reasonable and it reflects the true market value prevailing at the time of the notification under Section 4 of the Act. Various factors were taken into account while assessing the market value. The petitioners are claiming excessive and exorbitant market value of the and and structures.
LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 6/12
14. It is further stated that the Delhi Land Reforms Act is applicable to the land in dispute. The petitioners are not entitled for compensation in respect of any construction or structure, which is raised without the sanction of law. At the time of issuance of notification under Section 4 of the Act there were no structures, tree, well on the land in question except mentioned in the award and statement under Section 19 of the Act. The land in question is not surrounded by any developed or undeveloped colony and can be used for agricultural purposes only.
15. It is further stated that the Collector in order to assess the fair market value of the land adopted the indicative price fixed by the Govt. of NCT of Delhi for the agricultural land in Delhi as Rs.15,70,000/- per acre for the year 2001-2002 conveyed by the order No. F9 (20)/80/L&B/LA/6696 dated 09.08.2001 which are applicable with effect from 01.04.2001. The Collector rightly assessed the market value of the land keeping in view all the aspects enumerated under Section 23 and 24 of the Act. On merits, the averments made in the petition are denied.
16. Respondent no.2/ DDA has also filed written statement. In preliminary objections, it is stated that the Collector has already assessed the sufficient/reasonable compensation amount as per the market value as was prevailing at the time of notification under Section 4 of the Act against the acquired property in question. The present claim made by the petitioners in reference is excessive and unjustified. On merits, the averments made in the petition are denied.
LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 7/12
17. On the basis of pleadings of the parties, the following issues were framed vide order dated 06.06.2013 by Ld. Predecessor:
1. What was the market value of land on the date of notification U/s 4 of Land Acquisition Act? OPP
2. Whether petitioner is entitled for enhancement of the compensation in respect of land and if so, at what rate? OPP
3. Relief.
18. It is pertinent to mention here that vide order dated 15.01.2016, DDA was impleaded as necessary party. DDA also filed its written statement. Thereafter, vide order dated 31.03.2016, the following issues were amended as follows:
1. Whether Delhi Land Reforms Act is applicable to the land in dispute and, if so, to what effect? OPD
2. To what extent of awarded land the petitioner is entitled to compensation?
3. To what enhancement of compensation the petitioner is entitled to claim, if so, what amount? OPP
4. Relief.
LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 8/12
19. In support of his case, petitioner got examined PW1 Sh. Mehar Singh, who tendered in evidence his affidavit Ex. PW1/A and got exhibited copies of sale deed in respect of various sale transactions taken place in Village Bakkarwala, Dichaon Kalan and other adjoining villages as Ex. PW1/1 to Ex. PW1/6 and the copy of judgment of Hon'ble High Court in the case titled as 'Jamna vs. Union of India & Ors.' as Ex. PW1/7. Thereafter, petitioner evidence was closed as per statement dated 08.07.2016 of Sh. B.D. Sharma, Ld. Counsel for the petitioner.
20. Respondent no.1/ Union of India through Sh. Vikas Shokeen, Counsel for the respondent no.1 tendered copy of award as Ex. R1 and closed the R/E on 27.07.2016.
21. Sh. Madan Sagar, Counsel for respondent no.2/ DDA adopted the evidence led by respondent no.1 and closed evidence on behalf of respondent no.2/ DDA vide statement dated 27.07.2016.
22. I have heard Sh. B.D. Sharma, Counsel for the petitioners, Sh. Vikas Shokeen, Counsel for the respondent no.1/ UOI and Sh. Madan Sagar, Counsel for the respondent no.2/ DDA and perused the record. My findings on issues are as under:
ISSUE NO. 123. This issue is framed on the preliminary objection taken by respondent no.1. The onus is on the respondent no.1. However, during the course of arguments, it has been LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 9/12 stated by Ld. Counsel for the parties that fair market value of the present award has already been decided by Hon'ble High Court vide judgment titled 'Jamna vs. Union of India & Others' vide judgment dated 08.07.2011. Therefore, this issue is not pressed by Ld. Counsel for the respondents. It is decided accordingly.
ISSUE NO. 2 & 324. The onus of both these issues is on the petitioners, who examined PW1 Sh. Mehar Singh, who proved his affidavit Ex. PW1/A and relied on judgment Ex. PW1/7 titled 'Jamna vs. Union of India & others'. He further relied on sale deeds Ex. PW1/1 to PW1/6. The respondent proved the award no. 01/DC(W)/2006-07 as Ex. R-1.
25. I have considered respective submissions of the Ld. Counsels for the parties. It is admitted case of the parties that the present award has been decided by Hon'ble High Court in the case of 'Jamna vs. Union of India & Others', wherein the award no. 01/DC(W)/2006-07 of village Bakkarwala was also came up for determining the fair market value. Hence, in these circumstances, the law is well settled that the market value already determined in the matter of Jamna vs. Union of India & Others by Hon'ble High Court, is applicable in the present case as well. Reliance is also placed on 'Nand Ram & Others vs. The State of Haryana, JT 1988 (4) SC 260.
26. Hence, in view of above observations and discussion, the petitioner is entitled to fair market value of LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 10/12 the compensation @ Rs.4,98,589/- per bigha i.e. Rs.23,93,227.20 per acre. Petitioner is thus entitled to enhancement of compensation to the tune of Rs.8,23,227.20 per acre along with 30% solatium. Petitioner is also entitled to additional amount at the rate of 12% p.a. from the date of notification till the date of possession i.e. 17.06.2005 to 02.02.2007 as per provisions of Section 23 (1-A) of the Land Acquisition Act. Petitioner shall be entitled to the interest at the rate of 9% for first year from the date of taking of possession of land in question and 15% for subsequent years till the entire payment of compensation is made as per Section 28 of the Act.
27. Accordingly, issue nos. 2 and 3 are decided in favour of petitioners and against the respondents.
ISSUE NO. 4 (RELIEF)
28. In view of the above observations and discussion on the issues, the reference is disposed of by holding that the compensation awarded to the petitioner at the rate of Rs.15,70,000/- per acre by the Collector was inadequate and unreasonable. Petitioners were required to be paid compensation @ Rs.4,98,589/- per bigha i.e. Rs.23,93,227.20 per acre. Petitioner is thus entitled to enhancement of compensation to the tune of Rs.8,23,227.20 per acre along with 30% solatium. Petitioner is also entitled to additional amount at the rate of 12% p.a. from the date of notification till the date of possession i.e. 17.06.2005 to 02.02.2007 as per provisions of Section 23 (1-A) of the Land Acquisition Act. Petitioner shall be entitled to the interest at the rate of 9% for LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 11/12 first year from the date of taking of possession of land in question and 15% for subsequent years till the entire payment of compensation is made as per Section 28 of the Act.
29. Reference is answered accordingly.
30. A copy of the judgment be sent to Land Acquisition Collector (West) for information and necessary action.
31. Decree sheet be prepared accordingly.
32. File be consigned to Record Room.
Announced in the open court today the 4th of August, 2016.
(Sanjay Kumar) ADJ-02,West/Delhi 04.08.2016 LAC No. 56/12 Kishan Singh & Ors. vs. UOI & Anr. 12/12