Delhi District Court
Shyambir Etc. vs . Uoi/Dda on 11 October, 2012
LAC. No. 14/12
Shyambir etc. Vs. UOI/DDA
IN THE COURT OF SH. ALOK AGARWAL, ADJ:
SOUTH WEST: NEW DELHI
LAC. No. 14/12
Village : Bamnoli
Award No. : 1/2007-2008
UID No: 02405C0105652012
In the matter of:-
1. Shri Shyambir
S/o Shri Ram Dhan
R/o Village & PO Bharthal
New Delhi.
2. Shri Badan Singh
S/o Shri Ram Dhan
R/o Village & PO Bharthal
New Delhi.
3. Shri Som Dutt
S/o Shri Ram Dhan
R/o Village & PO Bharthal
New Delhi.
...Petitioners
Versus
1. Union of India
Through Land Acquisition Collector
South-West District, Kapashera,
New Delhi
2. DDA
Through its Vice Chairman
Vikas Sadan, I.N.A Market
Delhi
...Respondents
LAC No: 14/12 1 D.O.D. 11.10.2012
LAC. No. 14/12
Shyambir etc. Vs. UOI/DDA
Filed on : 25.05.2012
Decided on : 11.10.2012
J U D G M E N T ( ORAL) :-
1. This is a reference under Section 18 of the Land Acquisition Act, 1894.
2. Vide notification under Section 4 of LA Act dated 04.11.2004 and Section 6 of LA Act dated 31.10.2005, 2100 bigha and 06 Biswa of land forming part of village Bamnoli was notified for acquisition for Planned Development of Delhi.
3. The Collector categorized the land in two blocks. In block A, the land was leveled/ low lying upto the depth of 1 meter. In Block B such land was included from which 'top soil' had been excavated beyond 1 meter. Block B comprises of only 50 bigha and 13 biswa of land.
4. For determining the market value of the land with reference to the date of notification under Section 4 of L.A. Act, the collector relied upon the indicative price fixed by Govt. of NCT of Delhi for agricultural land in Delhi @ Rs. 15,70,000/- per acre as conveyed by the Dy. Secretary ( L.A) Land Building department vide letter No. F.9 (20)/80/ L & B / LA/ 6704-12 dated 09.08.2001. Therefore, market value of the land under acquisition was determined @ Rs. 15,70,000/- per acre in block A and market value of land in block B was fixed @ Rs.
LAC No: 14/12 2 D.O.D. 11.10.2012 LAC. No. 14/12 Shyambir etc. Vs. UOI/DDA 14,13,000 per acre i.e less by 10% of value of land in Block A.
5. Petitioners namely Shyambir, Badan Singh and Som Dutt are bhumidar of land of category A mentioned in statement under Section 19 of LA Act i.e. field number 23//25 admeasuring 2 Bigha 1 biswa, 24//4 (1/2) admeasuring 1 bigha 8 bishwa, 24//4 (3/2) admeasuring 9 biswa, 23//24 admeasuring 4 bigha 14 bishwa ( 1/21 share each). Petitioners are also bhumidar of land of category B i.e. field no. 23//24 admeasuring 1 Bigha ( 1/21 share each) of in village Bamnoli. This statement was admitted as correct by the Counsel for the petitioners. The possession of land in question was taken on 12.09.2007 to 14.09.2007. Aggrieved by market value of their land as determined by the collector, petitioners have filed the present reference petition for enhancement of compensation.
6. Union of India and DDA filed their written statements opposing any enhancement of compensation.
7. On pleadings of parties, following issues were framed:-
(i) What was the market value of the land in question at the time of notification under Section 4 of the L.A. Act? Onus on parties.
(ii) Whether petitioner is entitled to enhancement in compensation, if yes, to what amount? ( OPP)
(iii)Relief.
8. The petitioner Shyambir examined himself in support of his reference petition as PW1. Ld. Counsel for the petitioner has relied upon the sale deeds Ex. PW1/1 to Ex.PW1/10 which LAC No: 14/12 3 D.O.D. 11.10.2012 LAC. No. 14/12 Shyambir etc. Vs. UOI/DDA were exhibited in case titled as Jai Parkash Vs. UOI LAC No. 93/09/08 and photocopy of certified copy of judgment dated 25.08.2010 passed by reference court in LAC No. 93/09/08 titled as " Jai Prakash & Ors Vs. UOI & Anr. Ex.PW1/10.
9. On behalf of respondent Union of India, Shri J.R. Mathur, advocate from office of LAC and Shri Arvind Gupta, Counsel for DDA had tendered award as Ex. R1. RE was closed by UOI and DDA.
10. I have heard Ld. Counsel for both the parties at length, perused the entire records and carefully considered the matter.
11. So far as the market value of land in question is concerned, it is noted that the petitioners have himself relied upon the judgment of reference court delivered in another case bearing LAC No. 93/09/08 titled as "Jai Parkash Vs. Union of India" decided by Ld. Predecessor on 25.08.2010. Vide said judgment the market value of land of village Bamnoli, acquired by same award, was held to be Rs. 17,45,000 per acre. It is an undisputed fact that the said judgment was assailed before Hon'ble High Court in LA appeal no. 115/11 by both the land owners as well as Union of India. The appeals emanating from judgment of reference court dated 25.08.2010 were decided by Hon'ble High Court of Delhi vide judgment dated 01.02.2012 whereby the compensation awarded by the reference court for Block `A' land as 17,45,000 per acre was upheld. In the light of these settled facts, my findings on above issues are as follows:-
12. ISSUE NO. 1: This issue was framed in view of LAC No: 14/12 4 D.O.D. 11.10.2012 LAC. No. 14/12 Shyambir etc. Vs. UOI/DDA the objection taken by the respondent. However, no evidence has been led by either party on the point of applicability of DLR Act to the land in question. In any case, the applicability of DLR Act or otherwise has not bearing determination of market value of the acquired land. Issue no. 1 is decided accordingly.
13. ISSUE NO. 2 : As noticed herein above, the petitioners have relied upon the judgment delivered in the case of 'Jai Prakash Vs. Union of India and another ( Supra), wherein the market value of the lands nearby the petitioner's land has been fixed at Rs. 17,45,000/- per acre.
All the evidence which is brought on record in this case is already considered in the case of Jai Prakash (Supra) and there is no new evidence to persuade the Court to take a different view in this reference. No evidence showing that the land of petitioner is better than the land involved in the case of Jai Prakash has been brought on record by the petitioner. Similarly no evidence showing that the land of petitioner is inferior in any aspect than the land referred to in case of Jai Prakash has been adduced by the respondents.
In case of Nand Ram Vs. State of Haryana reported as JCC 1988 (4) SC 260, it has been held that if compensation award is already fixed for a land then the same amount of compensation has to be awarded to other land owners whose similarly placed land situated adjacent is acquired under the same notification.
Therefore, in the present reference market value of land in question shall be the same as was determined by Ld. Predecessor and as has been upheld by Hon'ble High Court for LAC No: 14/12 5 D.O.D. 11.10.2012 LAC. No. 14/12 Shyambir etc. Vs. UOI/DDA Block 'A' i.e. Rs. 17,45,000/- per acre, land as the land of petitioner in reference under Section 18 of LA Act has been reflected as Category A land.
14. ISSUE No. 2 : In answer to issue no. 1, the market value of the land of the petitioner is held to be Rs, 17,45,000/- per acre for category A which was determined by the Collector as Rs. 15,75,000/- per acre. Therefore the petitioner is entitled to receive the enhance amount of market value of Rs. 1,75,000/- per acre in addition to the statutory benefits.
15. ISSUE NO. 3 : Relief -
In view of foregoing discussion, petitioner is held entitled to following reliefs:-
i. Petitioner is entitled to receive compensation @ Rs. 17,45,000/- per acre i.e. an increase of Rs. 1,75,000/- per acre.
ii. Petitioner is entitled to receive additional amount @ 12% per annum under Section 23(1A) of the Land Acquisition Act, 1894 from the date of notification under Section 4 till the date of taking over of possession.
iii. Petitioner is entitled to receive solatium @ 30% on the enhanced compensation under Section 23 (2) of LA Act.
iv. Petitioner is entitled to receive interest on the above amount @ 9% per annum for first year from date of possession and @ 15% per annum for subsequent period till payment.
16. The reference is answered accordingly. Let a copy of the judgment be sent to the LAC(SW) for information and LAC No: 14/12 6 D.O.D. 11.10.2012 LAC. No. 14/12 Shyambir etc. Vs. UOI/DDA necessary action. Decree sheet be prepared in terms of judgment and file be consigned to record room.
Announced in the open Court (ALOK AGARWAL)
on the day of 11th October 2012 ADDL. DISTRICT JUDGE
DWARKA COURTS: NEW DELHI
LAC No: 14/12 7 D.O.D. 11.10.2012