Delhi District Court
Shri Meer Singh vs Union Of India on 30 April, 2013
IN THE COURT OF MS. NEELAM SINGH, ADJ-02, SOUTH,
SAKET COURT COMPLEX
Land Acquisition Case No. 146/2011
Petition received on 15.01.2007
1. Shri Meer Singh
S/o Late Shri Devi Sahai
R/o House No. 68, Village Khizrabad,
PO Siri Niwaspuri, New Delhi-65.
2. Shri Fateh Singh,
S/o Shri Ramji Lal
R/o Village Jogabai, New Delhi. ...Petitioners
(Fateh Singh impleaded as petitioner vide order dated 22.10.2007
of Ld. Predecessor Court)
VERSUS
Union of India
Through LAC/ ADM (South)
M.B. Road, Saket, New Delhi. ...Respondent
AWARD No. 7/99-2000
Date of Notification U/s 4 20.04.1998
Village: Joga Bai
Decided on 30.04.2013
JUDGMENT
1. Petitioners' land situated in the village Joga Bai, Delhi, details whereof have been mentioned in the statement under section 19 of the Land Acquisition Act was acquired by the government for construction of Delhi-Noida Bridge project vide award no. 7/99-2000. Notification under Section 4, Section 6 & 17 of the LA Act were issued on 20.04.1998 for land measuring 16 bigha 16 LAC No. 146/11 Page no. 1/7 biswas.
2. For determination of market value of the land under Acquisition u/s 11 of the LA Act as on 20.04.1998, the date of Notification U/s 4 of LA Act, certain no. of aspects are to be considered and kept in view by LAC. These are mainly the situation of the land, the potentiality of the land, the fertility position, its use, sizes, the position of the nearby colonies etc. have to be kept in view. The market value of the land under acquisition is to be determined with referred to the date of Preliminary Notification u/s 4 which is in this case is 20.04.1998 and to arrive at the correct and fair market value of the land, locality and other aspects as aforesaid ought to be considered. The help of sale transaction within or in the vicinity of the land or any award announced in the near past from the date of the notification u/s 4 also could be taken into consideration for assessing the correct and reasonable market value of the land, but incidentally no sale transaction took place on or before the date of notification under 4 of L.A. Act as no evidence has been put up by any claimant. The latest award in this village is by Award no. 22/92-93 where notification u/s 4 was done on 23.06.1989 and the award announced by the LAC was Rs. 1,31,251/- per acre. Moreover, no evidence has been filed by any claimant, which could be considered as guiding factor for assessing the fair and true market value of the land. Compensation @ Rs. 75,000/- per bigha was announced by respondent upon passing an Award No. 7/99-2000.
3. Dis-satisfied by the land rates fixed by LAC, petitioner preferred a LAC No. 146/11 Page no. 2/7 reference under section 18 of the LA Act before the LAC who in turn forwarded the same to this reference court for fixing the just and fair market value of the acquired land.
4. It is submitted that the Land Acquisition Collector has failed to assess the fair market value of the land of the petitioner. It is further submitted that Land Acquisition Collector did not consider the potential value of the land in question at the time of assessing the market value. It is submitted that all the civic amenities such as water, electricity, transport, schools, roads, telephone lines and hospitals are available prior to the date of notification under section 4 of the Land Acquisition act. It is further submitted that land of the petitioner is surrounded by posh and developed colonies as well as industrial and commercial area such as New Friends Colony, Sukhdev Vihar, Maharani Bagh, Friends Colony West, Escort Hospital, Holy Family Hospital, Jamia Milliya College, Okhla etc. and so many Group Housing Building Societies are adjacent to the land of the petitioner. Therefore, the market value of the petitioner land ought to have been determined/ fixed @ Rs. 50,000/- per sq. yds.
5. On 20.08.2007, an application under order 1 rule 10 read with section 151 CPC for impleadment of Shri Fateh Singh has been filed.
6. On 21.09.2007, written statement was filed by the Union of India. It has repudiated the claim of the petitioner and is perfunctory in its reply.
LAC No. 146/11 Page no. 3/77. On 22.10.2007, application under order 1 rule 10 read with section 151 CPC is allowed and Fateh Singh was impleaded as petitioner with the other petitioner/ Meer Singh.
8. On 07.01.2008, an application under order 1 rule 10 (2) read with section 151 CPC has been filed on behalf of DDA. Vide order of even date passed by Ld. Predecessor Court, DDA is deleted from the array of parties and Noida Toll Bridge Project, Noida is impleaded as necessary and proper party in this reference in view of judgment reported in AIR 1995 SC 724.
9. On 01.12.2009 it is held by Ld. Predecessor court that "despite passage of time NOIDA TOLL BRIDGE has still not been served till date. However keeping in view that NTB does not have any liability to pay compensation much less enhanced compensation I do not think they are necessary and proper party to the lis as no liability can be fastened on to them qua the petitioner. In view of the same, the said order of my Ld. Predecessor is being modified, the UOI through the office of LAC alone shall be liable in this case." On same day, from the pleadings of the parties following issues have been framed:
(i) What is the share of the petitioner, if any, to receive the compensation?
(ii) What was the market value of the land on the date of notification under section 4 of the LA Act?
(iii) Relief.
10. Counsel for petitioner tendered in evidence photocopy of judgment passed by this court in matter bearing LAC no. 20/11 titled as LAC No. 146/11 Page no. 4/7 "Lakhmi Chand & Ors. vs. UOI & Anr." which is Exhibit P-1. Correctness of the statement under Section 19 filed by respondent is not disputed by the petitioners as no objection has been filed by petitioners and it is deemed accepted.
11.The respondent in their evidence has tendered the award as Exhibit R1.
12.I have heard counsel for the petitioner, counsel for the respondent and perused the record. My issuewise findings are as under:
ISSUE No. 1What is the share of the petitioner, if any, to receive the compensation?
13. This reference was received by the Ld. Predecessor of this court on 15.01.2007, thereafter an application was moved under order 1 rule 10 read with section 151 CPC for impleadment of Shri Fateh Singh in this reference. Vide order dated 22.10.2010 Ld. Predecessor of this court allowed the application under order 1 rule 10 of Shri Fateh Singh on the basis of reference adjudicated upon by the court of Shri Yashwant Kumar, Ld. ADJ vide judgment dated 28.08.2006 wherein it was held that both the parties are entitled to ½ (half) share each in land bearing Khasra no. 446/262 area measuring 5 bigha 8 biswas in the revenue estate of Jogabai. Statement under section 19, name of Fateh Singh and Debi Sahai is mentioned as claimant at serial no. 5 but the same is not mentioned at page 2 of the statement under section 19. It is pertinent to mention here that Meer Singh is the only legal heir of Debi Sahai as per judgment dated 28.08.2006.
LAC No. 146/11 Page no. 5/7Accordingly, I held that Meer Singh and Fateh Singh are entitled to compensation in equal shares in respect of acquired land in question. Issue no. 1 is decided in terms of the above.
ISSUE NO. 2What was the market value of the land on the date of notification under section 4 of the LA Act?
14. Reliance has been made by the petitioners on a decision and award passed by this court in the matter bearing LAC No. 120/11 titled as "Lakhmi Chand & Ors. vs. UOI & Anr.". Adopting the said decision in the case of "Lakhmi Chand & Ors. vs. UOI & Anr." the market value of the acquired land is being fixed at Rs. 1,71,784/- per bigha as there is no ground for this court to differ in its opinion, even otherwise as per catena of Judgments, the same compensation should be granted for similar lands notified and acquired under the same award.
15.Vide the impugned Award passed by the Land Acquisition Collector, compensation for the acquired land was fixed at Rs. 75,000/- per bigha. As the market value of the acquired land on the date of notification is fixed at Rs. 1,71,784/- per bigha, the petitioners are entitled to the enhanced compensation of Rs. 96,784/- per bigha. Issue No. 2 is decided accordingly.
RELIEF
16.As per the statement under Section 19, the petitioners are therefore entitled to the enhanced compensation for their shares. In addition, LAC No. 146/11 Page no. 6/7 the petitioners are also entitled to all statutory benefits, being 30% solatium on the market value in view of the compulsory nature of acquisition as per section 23 (2) L.A. Act, an additional amount of 12% p.a. on the market value as provided under Section 23 (1A) from the date of notification till the date of possession or award whichever is earlier. The petitioners would also be entitled to interest on the enhanced compensation @ 9% p.a. from the date of award or dispossession whichever is earlier till expiry of one year and thereafter @15% p.a. till payment.
17.Reference is answered vide the above award. Statement under Section 19 of the L.A. Act, be annexed to the award. Copy be sent to the Land Acquisition Collector concerned for information and necessary compliance within one month from the date of this order. No orders as to costs.
18.File be consigned to record room after necessary compliance. Announced in open court.
(NEELAM SINGH) ADJ-02, SOUTH, SAKET, NEW DELHI 30.04.2013/ MC LAC No. 146/11 Page no. 7/7 Meer Singh & Anr. vs. UOI LAC No. 146/11 30.04.2013 Present: Counsel for the parties Arguments Heard. Vide separate Judgment, reference answered in terms thereof. File be consigned to record room after necessary compliance.
(NEELAM SINGH) ADJ-02, SOUTH, SAKET, NEW DELHI 30.04.2013/ MC LAC No. 146/11 Page no. 8/7