Sh. Jagdev Singh vs Union Of India on 30 July, 2012

[Cites 7, Cited by 0]

Delhi District Court

Sh. Jagdev Singh vs Union Of India on 30 July, 2012

                                                                   1

IN THE COURT OF SH. PARAMJIT SINGH : ADDL. DISTRICT JUDGE
                           (WEST)02, TIS HAZARI COURTS: DELHI


LAC  No. 123/11
Unique ID case No. 02401C0450952011


1.        Sh. Jagdev Singh 
          S/o Sh. Abhay Ram  
          R/o Vill. & P.O. Mundka
          Delhi41                                                                                 .......Petitioner
                                                                                     
                                                                          Vs. 
1.        Union of India
          Through Land Acquisition Collector
          (District West) office at D.C. Office Ram pura,
           Delhi35. 

2.        Delhi Development Authority 
          Vikas Bhawan, I.N.A. Market, 
          New Delhi                                                                                      ...  Respondents


Award No. 03/DC(W)/200506 
Village : Mundka, Delhi
Date of Award: 27.1.2006


Date of institution of  the case  - 24.09.2011
Date  on which, judgment have been reserved 16.7.2012
Date of pronouncement of judgment30.07.2012  


                    (Reference under Section 18 of Land Acquisition Act)


LAC  No. 123/11                                                                                                                    1/7
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JUDGMENT :

In the present case, the land measuring 1703 bigha , 18 biswas pertaining to village Mundka, Delhi was notified for its acquisition under Land Acquisition Act vide Notification u/s4 bearing No.F.11(19)/2001/L&B/ LA/20112 dated 21.3.2003 for the purpose of Rohini Residential Scheme. Notification u/s 6 of Land Acquisition Act in this regard was issued on 19.3.2004. Thereafter, Land Acquisition Collector (West District ) announced a formal award on 27.1.2006 and vide said award, the compensation was ordered to be paid @ Rs. 15.70 lacs per acre or @ Rs. 3,27,083.33 per bigha .

2. In the instant case, the petitioner was the owner of land measuring 04 bigha, 04 biswas situated at village Mundka and the said land was the part of the land, acquired by the above said notification dated 21.3.2003 issued u/s 4 of Land Acquisition Act. The petitioner was not satisfied with the compensation awarded by the Land Acquisition Collector (West) vide above mentioned award and accordingly, he got his petition referred to the Court u/s 18 of Land Acquisition Act for enhancement of the compensation amount on various grounds as enumerated therein and in the said petition, he has prayed for compensation at the higher rate alongwith other statutory benefits.

3. The respondents contested the present petition and respondent no.1 LAC No. 123/11 2/7 3 UOI and respondent no.2 DDA filed their respective WS, wherein all the averments made in the petition were denied on behalf of the said respondents and it has been prayed that the present reference petition filed by the petitioner may be dismissed with cost.

4. On the basis of the pleadings of the parties, the following issues were framed on 15.12.2011 by the Ld. Predecessor of this court.

ISSUES

1) What was the market value of the land on the date of notification u/s 4 of Land Acquisition Act? OPP

2) Whether the petitioner is entitled for any enhancement, if yes, to what an extent? OPP

3) Relief.

5. In the PE, the copy of the judgment passed by the Hon'ble High Court of Delhi in LA (Appeal) No. 784/2005 dated 08.7.2011 in case titled as "Jamna Vs. UOI & Ors." pertaining to the same award of the same village, has been tendered on behalf of the petitioner as Ex. P1. Thereafter, the PE was closed by the petitioner.

6. In their RE, the copy of the award in question bearing no. LAC No. 123/11 3/7 4 3/DC./W/200506 pertaining to village Mundka has been tendered on behalf of the respondents as Ex. R1 and thereafter the RE was also closed by the respondents.

7. I have heard the arguments put forward by the Ld. Counsels for the petitioner and respondents and have carefully gone through the record of the case. I have also carefully perused the evidence adduced on behalf of the petitioner and respondents.

8. The findings on the issues are as under:

9. Issues no. 1 & 2 Issues nos.1&2 are being taken up the together as both these issues are interconnected and have to be decided on the basis of the same evidence and material on record.

In the present case, the Land Acquisition Collector (LAC) vide above mentioned award No. 3/DC./W/200506 dated 27.1.2006 has fixed the value of land @ Rs. 15.70 lacs per acre or @ Rs. 3,27,083.33 per bigha.

The petitioner in this case has relied upon the judgment passed by the Hon'ble High Court of Delhi in LA (Appeal) No. 784/05 dated 08.7.2011 in case titled as, "Jamna Vs. UOI & Ors" pertaining to the same award and village, LAC No. 123/11 4/7 5 wherein the Hon'ble High Court has fixed the fair market value of the acquired land in question @ Rs. 19,36,440/ per acre or @ Rs. 4,03,425/ per bigha.

In the case titled as, "Nand Ram Vs. State of Haryana" (reported as JT 1988 (4) SC 260), it has been interalia held that if a compensation amount is already fixed for a land then the same amount of compensation has to be given to the other land owners whose similarly placed land situated adjacent is acquired under the same notification.

In the instant case, the petitioner has not brought on record any evidence, documentary or otherwise, that the land of petitioner was having more potential and that the compensation should have been granted to him at a higher rate.

In these circumstances and in view of the aforesaid judgment of the Hon'ble Supreme Court of India in the case titled as, " Nand Ram Vs. State of Haryana (Supra) and having regard to the fact and circumstances of the present case, the petitioner shall be entitled to the compensation as awarded by the Hon'ble High Court of Delhi in LA ( Appeal) No.784/2005 dated 08.7.2011 in the case titled as, "Jamna Vs. UOI & Ors." in respect of the same award and village i.e. @ Rs. 19,36,440/ per acre or @ Rs. 4,03,425/ per bigha for the acquired land in question.

Hence, in view of the above, the issue nos. 1 & 2 stand decided LAC No. 123/11 5/7 6 accordingly.

10. Relief.

In view of the above discussion & observations and having regard to the fact and circumstances of the present case, the present Reference u/s 18 of Land Acquisition Act is disposed of by holding that the compensation awarded to the petitioner @ 15.70 lacs per acre or @ Rs. 3,27,083.33 per bigha by the Land Acquisition Collector (West) was inadequate and unreasonable. The petitioner is required to be paid the compensation @ Rs.19,36,440/ per acre or @ Rs. 4,03,425/ per bigha for the acquired land in question. The petitioner is thus entitled to the abovesaid enhancement in the compensation alongwith 30 % solatium. The petitioner will also be entitled to additional amount @ 12 % per annum from the date of notification till the date of award i.e from 21.3.2003 to 27.1.2006.

In addition to above, the petitioner shall be entitled to the interest @ 9 % p.a for the first year from the date of taking possession of the land in question and @ 15 % p.a for the subsequent years till the entire payment of the compensation is made as per section28 of Land Acquisition Act.

The petitioner will also be entitled to the statutory benefits in accordance with the judgment of Hon'ble Supreme Court of India in case titled as "Sunder Vs. UOI" (reported as 2001 (93) DLT 569). LAC No. 123/11 6/7 7

Copy of this judgment be sent to the Land Acquisition Collector (West) for information and for deposit of balance amount immediately to avoid further burden upon the Government Exchequer.

Decree sheet be prepared accordingly.