Delhi District Court
Shibba Mal & Ors. vs . Uoi on 7 June, 2016
Shibba Mal & Ors. vs. UOI
In the Court of Additional District Judge02, South District, Saket Court
Complex, Sixth Floor, Room No. 602, Saket New Delhi
In the matter of :
LAC No. 63/11
Unique no. 02403C0 0000119962
Reference received on : 12.06.1962
(Old LAC no. 363/1962)
Senior Citizen case
Proceedings sine a die on : 24.12.1962
Reference petition revived on : 10.12.1973
New date of institution : 25.01.2011
Decision reserved on : 17.05.2016
Date of decision : 07.06.2016
1. SH. SHIBBA MAL (deceased through LRs)
(brought on record vide order dated 10.12.1977)
I) SH. RAM SARUP (deceased through LRs)
a) SH. SHYAM LAL (deceased through LRs)
(brought on record vide order dated 16.10.2012)
(i) Sh. Om Prakash Saini (son)
(ii) Sh. JAI PRAKASH SAINI (deceased through LRs)
a. Smt. Sunita (wife)
b. Sh. Ghanisht (son)
c. Sh. Pawan (son)
All r/o H. No. 85, Ward No. 4, Tehsil Sohna,
Distt. Gurgaon, Haryana.
(iii) Sh. Anil Kumar (son)
(iv) Sh. Sunil Kumar (son)
All r/o Ward No. 4, Balluda Road, Delhi Krishi Farm,
Sohna, Gurgaon, Haryana.
(v) Sh. Arun Kumar (grandson)
(vi) Sh. Vijay Kumar (grandson)
(vii) Sh. Praveen Kumar (grandson)
(viii) Sh. Lokesh Kumar (grandson)
(All s/os of Sh. Radhey Shayam)
(ix) Smt. Kiran Bala (daughterinlaw),
(w/o Sh. Ashok Kumar, s/o Sh. Shayam Lal)
LAC No. 63/11 Page 1 of 26
Shibba Mal & Ors. vs. UOI
(x) Sh. Manish Bharal (grandson)
(xi) Sh. Ashish Bharal (grandson)
(both s/os of Sh. Ashok Kumar)
(xii) Ms. Deepti Bharal (granddaughter)
d/o Sh. Ashok Kumar
All r/o H.No. 96, Masjid Moth, New Delhi
(xiii) Smt. Prakash Devi (married daughter)
w/o Sh. Kanwar Lal, r/o D53, Village Morbandh,
Badarpur, New Delhi
(xiv) Smt. Jagwati (married daughter)
w/o Sh. Randhir Singh
(xv) Smt. Pushpa Devi (married daughter)
w/o Sh. Ram Kishan
(xvi) Smt. Usha Devi (married daughter)
w/o Sh. Vinod Kumar
All r/o Ward No. 4, Balluda Road,
Delhi Krishi Farm, Sohna, Gurgaon, Haryana.
(xvii) Smt. Sunita @ Manjulata (married daughter)
w/o Sh. Sudesh Pal,
r/o H.No. 492, Saini Choupal,
Village Shahbad Mohammadpur, New Delhi.
b) Sh. HARI RAM (deceased through LRs)
(i) Smt. Sharda Devi, w/o Late Hari Ram
(ii) Sh. Chaman Saini, s/o Late Hari Ram
Both (i) & (ii) r/o H.No. 97, Masjid Moth, New Delhi.
(iii) Sh. Naresh Kumar Saini, s/o Late Hari Ram
(iv) Sh. Suresh Kumar Saini, s/o Late Hari Ram
Both (iii) & (iv) r/o H.No. 163, Masjid Moth, New Delhi.
(v) Smt. Sunita (married daughter),
w/o Sh. Vinod Kumar Saini,
r/o S46, School Block, Shakurpur, Delhi110092.
(vi) Smt. Diksha Saini (married daughter)
w/o Sh. Anil Kumar Saini
r/o C170, DDA Flats, East of Kailash, New Delhi65.
LAC No. 63/11 Page 2 of 26
Shibba Mal & Ors. vs. UOI
(vii) Smt. Neelam Saini (married daughter)
w/o Sh. Navin Saini,
r/o 196, Hari Nagar, Ashram, New Delhi.
II) SH. DHARAM SINGH (deceased through LRs)
(brought on record vide order dated 22.05.2001)
(a) SMT. CHAMPI DEVI (deceased through LRs)
(i) Sh. Parveen Kumar (grandson)
(ii) Sh. Sudesh Kumar (grandson)
(b) Sh. Sultan Singh (son)
r/o H.No. 94, Masjid Moth, New Delhi.
(c) Sh. Babu Lal (son)
r/o H.No. 79, Masjid Moth, New Delhi.
(d) SMT. MAYA DEVI (married daughter) (deceased through LRs)
(brought on record vide order dated 19.11.2004)
(i) Sh. Jeewan Parkash (son)
(ii) Sh. Aman Kumar (son)
r/o 7B, DDA Flats, Tamur Nagar, New Delhi110065.
(iii) Smt. Indrani (married daughter)
w/o Sh. Dayanand Saini,
r/o Vill. 86, P.O. Barwala, Delhi.
(iv) Smt. Sona Devi (married daughter)
w/o Sh. Deep Chand
r/o Vill. & P.O. Shahbad Mohammad Pur, Delhi.
(v) SH. HIRA LAL (deceased through LRs)
(brought on record vide order dated 22.05.2001)
(aa) Sh. Gyan Parkash (son)
r/o Delhi Krishi Farm, Baluda Road,
Sohna, Gurgaon, Haryana.
(bb) Sh. Subash Chand (son)
r/o H.No. 79, Masjid Moth, New Delhi.
(cc) Sh. Chander Mohan Saini (son)
r/o H.No. 79, Masjid Moth, New Delhi.
LAC No. 63/11 Page 3 of 26
Shibba Mal & Ors. vs. UOI
III) SMT. ANARO DEVI (married daughter) (deceased through LRs)
(brought on record vide order dated 10.12.1973)
(a) SH. RATTAN LAL (deceased through LRs)
(brought on record vide order dated 16.10.2012)
(i) Sh. Kishore Kumar, s/o Late Rattan Lal
r/o 29, Jungpura Lane, Bhogal, New Delhi110014.
(ii) Sh. Manmohan Saini, s/o Late Rattan Lal
r/o 264, Gali Gunna Misar, Delhi Gate,
Darya Ganj, New Delhi110002.
(iii) SH. JAI NARAYAN (son) (deceased through LRs)
(aa) Smt. Harsh Bala Saini (wife)
(bb) Sh. Kush Saini (son)
(cc) Sh. Luv Saini (son)
All r/o 254, Gali Gunna Mishra Delhi Gate,
Darya Ganj, New Delhi - 110002.
(iv) Sh. Ashok Kumar (son), s/o Late Rattan Lal
r/o 3586/1, Gali Hakim Wali, Netaji Subhash Park Marg,
Darya Ganj, New Delhi110002.
(v) Smt. Sunita (married daughter), w/o Sh. Harish Rawat
r/o S288G, Sector12, Vijay Nagar,
Ghaziabad, U.P. 201009.
(vi) Smt. Anita (married daughter), w/o Sh. Rakesh Saini
r/o 730B, Gali No. 7, Govind Puri, New Delhi 110019.
b) SMT. RATNO DEVI (married daughter)(deceased through LRs)
(i) Sh. Harish Chander, s/o Late Prithvi Singh
r/o 254, 85, Saini Chopal Gali, Village Lampur,
Narela, Delhi - 110040.
(ii) Sh. Gian Chand, s/o Late Prithvi Singh
r/o S52/19, DLF PhaseIII, Gurgaon, Haryana.
(iii) Sh. Prem Singh Bharal, s/o Late Prithvi Singh
r/o 254, 85, Saini Chopal Gali, Village Lampur,
Narela, Delhi - 110040.
(iv) Sh. Susheel Kumar Saini, s/o Late Prithvi Singh
r/o 85, Saini Chaupal Gali, village Lampur,
Narela, Delhi110040.
LAC No. 63/11 Page 4 of 26
Shibba Mal & Ors. vs. UOI
(v) Sh. Subhash Saini, s/o Late Prithvi Singh
r/o Flat No. 204, Sheeva Apartment,
Sector 28, Gurgaon, Haryana.
(vi) Smt. Santosh (daughter), w/o Sh. Kishan Chand Saini
r/o 237, Harinagar Ashram, New Delhi110014.
(vii) Smt. Pushpa Devi (daughter), w/o Sh. B.L. Saini,
r/o 1575/D, Bhagwani Gali, Saini Basti,
Kotla Mubarakpur, Delhi - 110003.
(viii) Smt. Geeta Saini (daughter), w/o Sh. Braham Prakash
r/o 93, Kumharon Wali Gali, Village Bhargarh, Delhi.
c) SMT. SATYA WATI (married daughter) (deceased through LRs)
(i) Smt. Usha Saini (married daughter), w/o Sh. M.P. Saini
r/o H.No. N5, Jangpura Extn., Bhogal, New Delhi.
(ii) Smt. Pawan Saini (married daughter),
w/o Sh. Jai Parkash Saini
r/o 3153, Kucha Tara Chand, Darya Ganj, New Delhi.
(iii) Sh. Parveen Kumar Saini (Son)
r/o C530, Yojna Vihar, New Delhi.
IV) SMT. CHAWLI DEVI (married daughter) (deceased through LRs)
(a) Mrs. Shakuntala Devi Saini (married daughter)
w/o Sh. Ishwar Chand Saini
r/o 179, Khirki Village, Malviya Nagar, New Delhi110017.
(b) Sh. Chander Mohan Saini, s/o Late Dr. Shanti Saini,
r/o B8, Saket, Opp. Gyan Bharti School, New Delhi110017.
(c) Mrs. Kanti Devi Bharal (married daughter)
w/o Sh. Om Prakash Bharal,
r/o G138, Preet Vihar, Vikas Marg, Delhi110092.
(d) Sh. Inderjit Saini, s/o Late Dr. Shanti Saini
r/o 4337, Bender Court, Troy, Michigan48098, USA.
(e) Sh. Krishan Mohan Saini, s/o Late Dr. Shanti Saini
r/o 946, Jorden Drive, Troy, Michigan48098, USA.
(f) Sh. Rajender Prasad Saini, s/o Late Dr. Shanti Saini
r/o 33/2, Sunderjee Enclave, (Behind Candelti Enclave)
Sardhana Road, Meerut, U.P.
(g) Mrs. Raj Saini (married daughter), w/o Sh. Ghanshyam Saini,
r/o Saini Cottage, Vinay Marg, Alwar Rajasthan.
(h) Sh. Sushil Mohan Saini, s/o Late Dr. Shanti Saini
r/o 3097, Kucha Tara Chand Darya Ganj, New Delhi110002.
LAC No. 63/11 Page 5 of 26
Shibba Mal & Ors. vs. UOI
V) SMT. BASANTI DEVI (married daughter) (deceased through LRs)
(brought on record vide order dated 12.10.1992)
a) Smt. Kishan Devi (married daughter), w/o Shri Om Parkash
r/o H.No. 36, Bhogal, Jangpura Road, New Delhi.
2. SH. SHER SINGH (deceased through LRs)
(brought on record vide order dated 12.10.1992)
I) Smt. Santro Devi (wife)
r/o H.No. 95, Masjid Moth, New Delhi.
II) SH. LAL SINGH (son) (deceased through LRs)
(a) Sh. Kamal Deep (son)
(b) Sh. Rajesh (son)
(c) Sh. Balraj (son)
r/o H.No. 95, Masjid Moth, New Delhi.
III) Smt. Sarla Saini (married daughter), w/o Sh. Hari Chand
r/o 218B, Hari Nagar, Ashram, New Delhi.
IV) SMT. KASTURI DEVI (married daughter) (deceased through L.Rs.)
(a) SH. MANOHAR LAL (son) (deceased through LRs)
(i) Smt. Bimla Saini, w/o Late Manohar Lal
(ii) Smt. Chetna Saini, d/o Late Manohar Lal
(iii) Sh. Keshav Saini, s/o Late Manohar Lal
(iv) Smt. Chanchal Saini, d/o Late Manohar Lal
(b) Sh. Dhani Ram (son)
r/o 143BC, Bhagwan Nagar, P.O. Jangpura,
Bhogal, New Delhi110014.
(c) Sh. Tilak Raj Saini (son)
r/o 143BC, Bhagwan Nagar, P.O. Jangpura,
Bhogal, New Delhi110014.
(d) Sh. Rajesh (son),
r/o 143BC, Bhagwan Nagar, P.O. Jangpura,
Bhogal, New Delhi110014.
(e) Smt. Krishna (married daughter) w/o Sh. Subhash Chand Saini
r/o Vill. Tigri, Distt. Muzaffar Nagar, P.O. Bhopa, U.P.
(f) SMT. URMILA DEVI(married daughter)(deceased through LRs)
(i) Sh. Sanjay (son), s/o Late Mulak Raj Saini
r/o Shyam Nagar, Nai Basti, Sunehra Road,
Rurki, Uttaranchal.
(ii) Sh. Parveen Saini (son), s/o Late Mulak Raj Saini
r/o Shyam Nagar, Nai Basti, Sunehra Road,
LAC No. 63/11 Page 6 of 26
Shibba Mal & Ors. vs. UOI
Rurki, Uttaranchal.
(iii) Smt. Anita Devi (daughter), w/o Sh. Rantej Saini
r/o Village Ibrahim Pur Masai, STO Khas,
District Haridwar, Uttaranchal.
(iv) Smt. Geeta Saini (daughter),
w/o Sh. Padam Singh Saini
r/o Shyam Nagar, Nai Basti, Sunehra Road,
Rurki, Uttaranchal.
(v) Smt. Rekha (daughter), w/o Sh. Pawan Saini
r/o 327/5, Bhartiya Colony, New Mandi,
Muzzafar Nagar, Uttar Pradesh.
g) Smt. Sulochna (married daughter), w/o Sh. Anand Kumar Saini
r/o H.No. 473B, Hardev Puri, Gautam Nagar,
New Delhi110049.
h) Smt. Madhu Saini (married daughter)
w/o Sh. Manohar Lal Saini,
r/o Pocket A, 8/97, Kalkaji Extn., New Delhi110019.
i) Smt. Prem (married daughter), w/o Sh. Jai Singh Saini
r/o Vill. Sikri, P.O. Ballabhgarh, Distt. Faridabad, Haryana.
j) Sh. Ram Kishan (Husband), s/o Late Sh. Dalip Singh
r/o 143B, Bhagwan Nagar, New Delhi110014.
V) SMT. ANGOORI DEVI (married daughter) (deceased through LRs)
(brought on record vide order dated 16.03.2009)
(a) Sh. Ram Swarup (husband), s/o Sh. Dalip Singh
(b) Sh. Om Parkash Saini (son), s/o Sh. Ram Swarup
(c) Sh. Naresh Kumar (son), s/o Sh. Ram Swarup
(d) Sh. Sh. Suresh Kumar (son), s/o Sh. Ram Swarup
All r/o 143B, Bhagwan Nagar, Jungpura, New Delhi.
(e) Smt. Darshana Saini (married daughter), w/o Shri Om Narain
r/o B.I.I.T Computer, Near Chungi No. 5,
Village & P.O. Uncha, Ballabhgarh, Haryana.
(f) Smt. Pushpa (married daughter), w/o Late Lekh Ram Saini,
r/o Mohit Telecom, Mohana Road, Ballabgarh, Harayana.
(g) Smt. Sheela Saini (married daughter)
w/o Sh. Mehar Chand Saini,
r/o 198, Hari Nagar Ashram, New Delhi110014.
h) Smt. Babita (married daughter), w/o Sh. Arjun Dass,
r/o H.No. 372, Sector17, Faridabad, Haryana.
LAC No. 63/11 Page 7 of 26
Shibba Mal & Ors. vs. UOI
VI) Smt. Prem Lata @ Bharpai (married daughter)
w/o Sh. Ramesh Chander,
r/o RZ5465, Sad Nagar, Palam Colony, New Delhi.
VII) SMT. CHANNO DEVI (married daughter) (deceased through LRs)
(brought on record vide order dated 31.08.2011)
(a) Sh. Kalu Ram Saini (husband), s/o Shri Mohan Lai Saini,
(b) Sh. Devendra Kumar Saini, s/o Sh. Kalu Ram Saini,
(c) Sh.Yatendra Kumar Saini , s/o Sh. Kalu Ram Saini
(d) Sh. Ravindra Saini, s/o Sh. Kalu Ram Saini
(e) Sh. Praveen Saini, s/o Sh. Kalu Ram Saini
All residents of E186, Gali No. 5, Pandav Nagar, Delhi110091.
VIII) SMT. LACHHO DEVI (married daughter) (deceased through LRs)
(brought on record vide order dated 31.08.2011)
(a) Sh. Raghubir (husband), s/o Sh. Dharam Singh
r/o 197A, Hari Nagar, Ashram, New Delhi110014.
(b) Smt. Shanti Saini (daughter), w/o Sh. Jagdish Saini,
r/o 477, Hardev Puri, Gautam Nagar, New Delhi110049.
(c) Sh. Sunil Kumar Saini, s/o Sh. Raghubir
r/o 312, 2nd Floor, Hari Nagar, Ashram, New Delhi110014.
(d) SH. SATISH KUMAR SAINI (deceased through LRs)
s/o Sh. Raghubir
(i) Smt. Shaily Saini, w/o Late Satish Saini
(ii) Shri Chirag Saini, s/o Late Shri Satish Saini
both R/o 23/29C, 3rd Floor, Moti Nagar, New Delhi110015.
( e ) Sh. Rakeh, s/o Sh. Raghubir
r/o J108, Palika Awas, Sarojini Nagar, New Delhi110023.
IX) SMT. SEVTI DEVI (married daughter) (deceased through her LRs)
(a) Sh. Om Parkash Saini (husband), s/o Late R.S. Saini
r/o 1475C, Kotla Mubarakpur, New Delhi.
(b) Sh. Ajay Saini, s/o Sh. Om Parkash Saini,
r/o A47, Aali Extension, Near Sarita Vihar Metro Service
Depot., New Delhi110076.
(c) Sh. Parveen Saini, s/o Sh. Om Parkash Saini
r/o 1475C, Kotla Mubarakpur, New Delhi.
(d) Smt. Manju Saini (married daughter), w/o Sh. Anil Kumar Saini
r/o 824, Village Shahbad Mohd. Pur,
Near I.G.I. Airport, New Delhi110061.
LAC No. 63/11 Page 8 of 26
Shibba Mal & Ors. vs. UOI
X) Smt. Beena Saini (married daughter) w/o Sh. Ramesh Chand Saini,
r/o Hari Nagar Ashram, Jangpura, New Delhi.
3. SH. JAGDEV SAINI (deceased through L.Rs.)
(brought on record vide order dated 16.03.2004)
I) SH. RAMESH (son) (deceased through LRs)
(a) Smt. Sushila Saini @ Kanta (wife)
(b) Sh. Guru Dutt (son)
(c) Shri Som Dutt (son)
(d) Smt. Poonam (married daughter)
II) Sh. Tilak Raj (son)
III) Sh. Hansraj Saini (son)
IV) Sh. Pradeep Saini (son)
All r/o H.No. 92, Masjid Moth, New Delhi.
4. SH. NARDEV SINGH (deceased through L.Rs.)
(Transposed from respondent to petitioner as per order dated 10.10.2008)
I) Sh. Shiv Dutt Saini (son) II) SH. SUNIL DUTT SAINI (son) (deceased through LRs)
(a) Smt. Neena Saini, w/o Late Sunil Dutt Saini
(b) Sh. Chandan Saini, s/o Late Sunil Dutt Saini
(c) Ms. Ambika, d/o Late Sunil Dutt Saini all r/o E-215, East of Kailash, New Delhi-110065. III) Mrs. Sheela (married daughter), w/o Sh. Ishwar Singh r/o H.No. 1549, Sector15, Faridabad, Haryana. IV) Mrs. Santosh (married daughter), w/o Sh. Kishan r/o 473, New Basti, Kishan Ganj, Delhi.
V) Mrs. Pushpa (married daughter), w/o Sh. Ashok Nanda r/o H.N. 1000, Mahavir Colony, Near Railway Station, Panipat, Haryana.
5. SMT. KESHAR DEVI (deceased through LR) I) SH. RATI RAM (husband) (deceased) II) SMT. SEWA RANI (married daughter) (deceased through LR)
(a) Shri Ravinder Kumar Saini (son) s/o Late Gulab Singh Saini r/o 36, Jangpura Road, Bhogal, New Delhi - 110014.
(b) Sh. Rajinder Kumar Saini (son) s/o Late Shri Gulab Singh Saini R/o 43, Jangpura - B, New Delhi - 110014.
LAC No. 63/11 Page 9 of 26Shibba Mal & Ors. vs. UOI
(c) Sh. Davinder Kumar Saini (son) s/o Late Shri Gulab Singh Saini r/o 36, Jangpura Road, Bhogal, New Delhi - 110014.
(d) Smt. Geeta Rani (daughter)
w/o Sh. Shyam Singh Saini
r/o 314, Holambi Kala, Delhi110082.
(e) Smt. Seeta Rani (daughter)
d/o Late Sh. Gulab Singh Saini,
r/o 43, JangpuraB, New Delhi. ...Petitioners
Versus
1. Union of India
through Land Acquisition Collector,
SouthWest District, Kapashera, New Delhi.
2. ....transposed as petitioner no. 4.
3. Smt. Jagan Devi, w/o Sh. Mahabir Singh, s/o Sh. Behari Lal r/o 3187, Kucha Tarachand, Daryaganj, Delhi.
4. ....transposed as petitioner no. 5.
5. Delhi Development Authority through Vice Chairman Vikas Sadan, INA New Delhi. ...Respondents AWARD (by the Court under section 26 of the Land Acquisition Act, 1894 on reference petition under section 18 of the Act, 1894) 1.1 (Background) - Since there are antecedents of case, it needs to narrate as background vis a vis to compile the facts/proceedings scattered at many places, particularly an old case and record. The petitioners' land was acquired by notification u/s 4 of the Act, 1894 followed by declaration LAC No. 63/11 Page 10 of 26 Shibba Mal & Ors. vs. UOI u/s 6 of the Act. The Land Acquisition Collector, Delhi (in brief Collector or LAC) announced two award bearing nos. 1193/8081 on 30.08.1961 of Mubarakpur Kotla and also award no. 1194/8081 on 30.08.1961 of Mubarakpur Kotla, the latter award (being of small parcel of land measuring 04 biswas) is in continuation of previous award of land measuring 173 bigha 8 biswas. The petitioners had not accepted the amount offered in said Awards. On 24.11.1961, the petitioner nos. 1 to 3 filed their reference petition u/s 18 of the Act before the Collector. The reference petition u/s 18 of the Act was adjourned sine die with directions to get it revived after decision on other references u/ss 30/31 of the Act, 1894.
1.2 The said reference petitions no.111/1964 and no.112/1964 (in respect of award nos. 1193 and 1194 respectively) u/s 30/31 of the Act were decided on 05.02.1965 (by the then Ld. Additional District Judge, Delhi, by common judgment (of three cases) under the title Union of India Vs Jag Dev Singh, LAC no.111/1964, the third judgment was on reference u/s 18 of Act LAC no. 350/1964 in respect of Award no. 1268). In para 11 of said judgment the amount has been apportioned of award no.1193 and 1194 that petitioner no.1 Shiba Mal was given 50% share and others (i.e. petitioner nos. 2 to 5 herein) namely Jagdev, Sher Singh, Nardev and Smt. Kesar Devi each was given 12.50% compensation of land acquired. It was assailed in RFA No. 31D/65 in Jagdev Singh & Sher Singh Vs Mst Kesar and three others, however, the hon'ble High Court of Delhi, LAC No. 63/11 Page 11 of 26 Shibba Mal & Ors. vs. UOI dismissed the appeal on 23.12.1969 for want of prosecution. Lastly, as per para 11 of said judgment, while deciding issue no.1, it was held that Smt. Jagan Devi (respondent herein) is not entitled to any share in the compensation.
1.3 On the eve of decision on reference u/s 3031 of the Act 1894 and other proceedings, the reference petition u/s 18 of the Act has been revived, it has been assigned a new instituted number. Moreover, it was a joint reference petition, no one was arrayed as respondent in the original petition, however, the land was acquired for planned development of Delhi.
1.4 Since the original reference petition was filed immediately after awards by the Land Acquisition Collector, there were blend of facts mentioned by petitioner no.1 to 3 in their joint petition for enhancement of compensation and rights/ratio/share in land for apportionment. However, on the eve of decision on reference u/s 30 of the Act 1894, the petitioner nos. 1 to 3 had filed their joint amended the petition dated 23.01.1974, while arraying respondents 1 to 4 and the petitioner no. 3 also filed his separate amended petition dated 30.03.1979 in respect of both awards. 1.5 The Union of India/ respondent no.1 filed its reply to both petitions and opposed the same. There was request by petitioners to delete the names of other respondents because of decision on reference U/s 3031 of the Act, but it was opposed Union of India that since all names have been referred by LAC, entire reference is to be answered, none of the names could be deleted. Their names continues and notices were LAC No. 63/11 Page 12 of 26 Shibba Mal & Ors. vs. UOI directed. Similarly, the (then) respondent nos. 2 and 4 filed their joint reply claiming share in compensation but also supporting the claim in petition for enhancement of compensation, The respondent no.3 filed her separate reply, she opposed the petition. The petitioner nos. 1 to 3 filed replications reiterating their stand in petitions. 1.6 However, on 22.07.1975 the respondent no. 3 Smt. Jagdev Devi was proceeded exparte for want of her appearance. 1.7 The respondent no. 2/ Sh. Nardev Singh was transposed as petitioner no.4 by order/ proceedings dated 10.10.2008 and respondent no. 5 was also transposed as petitioner no. 5 by proceedings dated 17.05.2016.
1.8 The DDA was not a party to reference petition, however, its appearance was caused initially on 17.04.1998 and by formal orders dated 3.12.1999 and 19.11.2004, the DDA was impleaded as respondent no.5. The DDA had lastly appeared on 07.07.2009 in the court, but no written statement/ reply was filed nor appearance was caused during the entire trial.
1.9 Because of various reasons in file, reference petitions were pending and generations of the many individuals have been changed, the names of legal representatives of deceased parties or their successors in interest have been impleaded from time to time, their names have been shown in array of parties.
1.10 It is relevant of mention applications under Order 1 rule 10 CPC were filed by some applicants for becoming parties to the suit, the same LAC No. 63/11 Page 13 of 26 Shibba Mal & Ors. vs. UOI were disposed off by detailed reasoned order dated 25.02.2014.
With this relevant background, now the facts are taken as per amended pleadings.
2.1 (Gist of plea of parties) - The petitioners are seeking enhancement of compensation @ Rs. 70,000/ to Rs. 80,000/ per bigha in respect of land acquired, while not satisfied with the amount of Rs. 2,900/ per bigha offered/awarded by the Land Acquisition Collector, Delhi (as per awards the amount offered is Rs. 3,000/ per bigha but petitioners have mentioned it as Rs. 2,900/, however, it will be referred as Rs.3,000/ per bigha being actual amount awarded). Whereas, respondent stands by the Award that amount determined is correct and it represents fair market price.
2.2 (Introduction) - To decide the petitioners' reference petitions u/s 18 of the Land Acquisition Act, 1894 (in brief the Act, 1894) read with statement u/s 19 of the Act sent by the Land Acquisition Collector, Delhi, the relevant dates, features and facts are given below: Award No. 1193
(i) Date of notification U/s 4 of the Act 24.05.1961 (iia) Date of notification U/s 6 of the Act 27.07.1961
(iii) for Project Planned Development of Delhi
(iv) Location/Name of Village Mubarakpur Kotla (va)Award Number U/s 11 of Act by LAC 1193 & date of award 30.08.1961 (vb) Area under acquisitionin question 110 bigha 06 biswas vc) Date of taking possession 30.12.1961 (via) Date of reference petition to LAC 24.11.1961 (vib) Petition referred to Court on 12.06.1962 (vic) date of statement U/s 19 of the Act 05.06.1962 (viia) reference U/s 30 of the Act decided on 05.02.1965 (viib) petitioners share in compensation amount as per para 1. 2above LAC No. 63/11 Page 14 of 26 Shibba Mal & Ors. vs. UOI Award no. 1194
(i) Date of notification U/s 4 of the Act 24.05.1961 (iia) Date of notification U/s 6 of the Act 27.07.1961
(iii) for Project Planned Development of Delhi
(iv) Location/Name of Village Kotla Mubarakpur (va)Award Number U/s 11 of Act by LAC 1194 & date of award 30.08.1961 (vb) Area under acquisitionin question 04 biswas (vc) Date of taking possession 30.12.1961 (via) Date of reference petition to LAC 24.11.1961 (vib) Petition referred to Court on 12.06.1962 (vic) date of statement U/s 19 of the Act 05.06.1962 (viia) reference U/s 30 of the Act decided on 05.02.1965 (viib) petitioners' share in compensation amount as per para 1. 2above 2.3 A preliminary notifications dated 24.05.1961 were issued under section 4 of Land Acquisition Act, 1894 (in brief Act 1894) for acquisition for planned development of Delhi, followed by declarations on 27.07.1961 under Section 6 of the Act 1894 Hence, notices were directed under section 9 and 10 of the Act by Land Acquisition Collector to the concerned. Then, Award no. 1193 of village Mubarakpur Kotla & Award no. 1194 of Village Mubarakpur Kotla were announced in respect of acquisition of land in question by the Collector.
The lands of petitioners were also acquired, as per details given in statements U/s 19 of the Act {hereinafter referred as land acquired} . The Land Acquisition Collector determined market value of land as Rs. 3,000/ per bigha besides solatium @ 15% and compensation towards trees. Whereas the petitioners claim compensation that value of land @ 70,000/ to Rs. 80,000/ per bigha (or @ Rs.70/ to Rs.80/ per square yard) besides other statutory benefits. Thereafter, the petitioner nos. 1 to 3 preferred their joint reference petition under section 18 of the Act, 1894.
LAC No. 63/11 Page 15 of 26Shibba Mal & Ors. vs. UOI The petition along both awards with statements under section 19 of the Act, 1984 have been sent to the Court by the Land Acquisition Collector to decide the reference (by giving details of acquired area, amount of compensation, share of parties in the land, however, on the eve of decision on reference U/s 30 of the Act, 1894, the shares/ratios determined will apply instead of shares/ratios mentioned in the statement).
Petitioners' case 3.1 Petitioners are not accepting the compensation amount determined by the Collector and offered in Award , they filed a reference petition under section 18 of the Act, 1894 before Land Acquisition Collector, Delhi. The petitioners seek enhanced compensation.
3.2 The petitioners assail the impugned Award of LAC that the market value of the lands have not been correctly assessed and awarded, the Collector has gravely erred in ignoring the material evidence relating to market value of land, besides the potentiality of land acquired. The entire land acquired is fit for constructions of big buildings and houses and on all sides of the land acquired, the buildings are standing and petitioners had not sold this land on attractive prices because the prices of land were rising day by day, the price of land was not less than Rs.80/ per square yard. The Collector determines value as if it were agricultural land, in fact value of land was much more than agricultural land because of it to be put to use. The potentiality of land can be assessed, especially Pinjra Pole Colony exited on the north of the land under acquisition besides DLF LAC No. 63/11 Page 16 of 26 Shibba Mal & Ors. vs. UOI Colony and the Ring Road passes alongside the land in question. The Defence Colony is at a distance of two furlongs only from the site, where the prices are above Rs.100/ per square yard and rent of single flat vary from Rs.200/ to Rs.300/ per month. Lajpat Nagar Colony is at a distance of hardly 2/3 furlong, the Kailash Colony, Shiv Puri and Gobind Puri are at a distance of 4/5 furlong from the land in question. One Mr Jaswant Singh had sold land @ Rs.70/ per square yard near the acquired land and Pandit Lila Ram, a big landlord bought the lands and he is selling them @ Rs.60/ to Rs.70/ per square yard. The Collector had erred and under valued the prices of land, that too at low rates which is not acceptable to the petitioners. The reasonable rates are of Rs.70/ to Rs.80/ per square yard. Moreover, the land is fit for construction purposes (except for roads) without making any improvements on the land. Even otherwise, as an agricultural land, it is highly productive, tobacoo and Cauliflower and other vegetables are grown on the land, each crop fetch high value to the petitioners, thus value of land is on higher side than as assessed by the Collector. Ld Collector had also not considered the sales deeds produced for determining the market value of land. The petitioners are also entitled to statutory allowance and interest @ 6% pa allowed by law. Respondent no.1/ UOI's case 4.1 The petition has been opposed by the respondent no. 1, who had filed its written statement. The respondent no.1/ Union of India in its compact written statement opposed the petition that the Delhi Land Reforms Act is applicable. The Collector has correctly assessed the LAC No. 63/11 Page 17 of 26 Shibba Mal & Ors. vs. UOI compensation keeping in view all the relevant factors . The names of Smt Jagan Devi, Nar Dev and Kesari Devi, are in array of respondents, notices are to be given to them. The petition is liable to be dismissed. 4.2 It it already detailed that respondents no.2 and 4 have been transposed as petitioner no.4 (Nardev Singh/through Lrs) and petitioner no. 5 (Smt Kesar Devi/through LRs), they claimed their shares in their written statement vis vis enhanced compensation, as claimed by other petitioners. They have no conflicting interest to each others. 4.3 So far, respondent no.3/Smt. Jagan Devi is concerned, she filed written statement but then abstained from the proceedings, she was proceeded exparte. Smt., Jagan Devi is same person, who was not given any share or amount of compensation in reference U/s 30 of the Act, 1894.
4.4 There was not written statement by the respondent no.5/DDA. 4.5 The petitioners filed their replications to the written statement of others, they confirm the petitions correct.
Issues 5.1 On 02.04.2014 the following issues were framed for determination :
1. Whether the reference petitions are without cause of action, as the Award No. 1193/30.08.1961 & 1194/30.08.1961 reflects the actual and assessed market value of the land acquired? OPR 1&2
2. What was the market value of land and whether Awards were passed as per such land value? Onus on parties
3. Whether the petitioner is entitled for enhanced compensation LAC No. 63/11 Page 18 of 26 Shibba Mal & Ors. vs. UOI against respondent nos. 1 & 2, as prayed? OPP
4. Relief.
Evidence 5.2 In order to establish the petitions and issues, the petitioners were given opportunity to lead evidence. The petitioners got examined PW1/Sh. Sultan Singh Bharal/ petitioner no. 1(ii)(b); PW2/ Smt. Sarla Saini/ petitioner no. 2 (iii); PW3/Sh. Tilak Raj Saini/ petitioner no. 3(ii) and PW4 Sh. Shiv Dutt Saini/ Petitioner no. 4(i). Witness/PW1 during his statement tendered judicial verdicts given in Kamla Bhargava vs. UOI, 97 (2002) Delhi Law Times 321 (DB) as Ex. PW1/1 [to prove that market value of land determined in same area of Mubarakpur Kotla in 1964 was Rs.49,000/ per bigha], Dharampal & Ors. vs. UOI, 98 (2002) Delhi Law Times 295 (DB) as Ex. PW1/2 [to prove that market value of land determined area of Village Masjid Moth in 1961 was Rs.35/ per square yard], UOI vs. Hukam Chand, 102 (2003) Delhi Law Times 162 (DB) as Ex. PW1/3 [to prove that market value of land determined in area of Village Yusuf Sarai in 1961 was Rs.37,500/ per bigha] and photocopy of judgment passed by Hon'ble High Court of Delhi in RFA No. 425 of 1970 in UOI vs. Babu Lal & Ors. as Mark A/PW1 [to prove that market value of land determined in same area of Mubarkpur Kotla in1961 was Rs.35,000/ per bigha]. The other witnesses also relied upon the said decisions/precedent. All of the PWs were also cross examined on behalf of Union of India. Then, petitioners evidence was closed.
LAC No. 63/11 Page 19 of 26Shibba Mal & Ors. vs. UOI 5.3 The respondent no. 1/ UOI through counsel Sh. S. K. Puri, Advocate, tendered both the awards (as Ex R1 and Ex R2), then evidence was closed by respondent no.1. Respondent Kesar Devi's LR (now petitioner no. 5) Sh. Rajender Kumar Saini appeared as R2W1 stepped into witness box (claiming enhanced compensation as per share determined in reference u/s 30 of the Act, the respondent no.4 was impleaded as petitioner no.5). Then, evidence was closed. The respondent no.3 is exparte, no evidence is lead on her behalf.
Final Hearing
6. At the juncture of final hearing, Sh. Avinash Sharma, Advocate for petitioner nos. 1 to 4 and Sh. Rajeev Sharma, counsel for petitioner no. 5 (earlier respondent no. 4) and Sh. S.K. Puri, counsel for UOI/ respondent no. 1 advanced their respective submissions, the same will be referred at appropriate stage. There is no evidence or arguments on behalf of DDA/respondent no.5 Findings 7.1 The contentions are assessed, in the light of material on record including testimony of the petitioners' witnesses, their submission and the counter submissions vis a vis provisions of law, precedents and other judgment relied upon by the petitioners. Now, the issues are taken one by one.
7.2 Issue no.1 and 2
1. Whether the reference petitions are without cause of action, as LAC No. 63/11 Page 20 of 26 Shibba Mal & Ors. vs. UOI the Award Nos. 1193/30.08.1961 & 1194/30.08.1961 reflects the actual and assessed market value of the land acquired? OPR1&2
2. What was the market value of land and whether Awards were passed as per such land value? Onus on parties 7.3.1 The onus to prove the issue no. 1 lies on respondents and onus to prove issue no. 2 lies on parties. These issues are taken together being interconnected visavis it involves common discussion.
7.3.2 On the one side, the petitioners are not satisfied with the amount offered in Awards by the Collector and on the other side, respondent opposed the claim that Land Acquisition Collector has awarded the amount after considering, location, potentiality to use the land as well as other relevant factors, while determining the market value land and other compensation.
7.3.3 Both the sides have their reservations. The Collector had sent three references (pertaining to award nos.1193 and 1194), viz. two were U/s 30 of the Act 1894, which have already been answered and the third is under adjudication. Since there were disputes and claims to be decided by the court, that is why it was referred. Moreover, statement U/s 19 of the Act also names the petitioners and their claims. Thus, there exists cause of action in favour of petitioners. The petitions are without cause of action, to the extent, the issue no. 1 could not be proved by the respondent. So, far other part of issue no. 1 is concerned, it will also be dealt with issues no. 2.
LAC No. 63/11 Page 21 of 26Shibba Mal & Ors. vs. UOI 7.3.4 The petitioners have relied upon various decisions to show market value of land, during or near to preliminary notification in the same village and of surrounding areas. The date of preliminary notification is 24.5.1961 of Village Mubarakpur Kotla. While going through the Kamla Bhargava vs. UOI, 97 (2002) DLT 321 (DB) (supra), its paragraph 5 is in respect of same date of 24.5.1961 of preliminary notification of Village Mubarkapur Kotla, which read as follows " On behalf of the claimants, reference has been made to a decision of this Court in RFA no. 425/70 (Babu Lal vs. Union of India) decided on 4.3.1996. By the said decision, this court determined the fair market value of land situate within the same revenue estate of Kotla Mubarak Pur, which was acquired for the same public purpose, namely, Planned Development of Delhi through notification issued on 24.05.1961. Collector Land Acquisition had in that case offered compensation at the rate of Rs. 3,000/ per bigha. The Reference Court had enhanced the amount of compensation to Rs. 11,000/ per bigha. Division Bench of this Court while determining the market value noticed the location and situation of village Kotla Mubarakpur and held that it was located in close proximity to developed and development colonies. Entire area of Kotla Mubarakpur had ceased to be agricultural land. Its possibility for being used as building site was tremendous owing to close proximity with residential areas like Andrews Ganj, Defence Colony, N.S.D.E PartI and N.S.D.E. PartII. The entire revenue estate has been declared to be a residential area under the Master plan. Needless to add that the First Master Plan of Delhi was brought into force on 1.9.1962. It was also noticed that Kotla Mubarakpur fell within the area declared for residential purpose by Master Plan of Delhi. The Reference Court also held that the land situated in Kotla Mubarakpur was freehold land whereas adjacent colonies for which sale instances were referred were leasehold. Keeping in view the rising trend in prices the Division Bench proceeded to determine the fair market value at Rs. 35,000/ per bigha. In the same decision it was noticed that within a period of three years from 27.9.1958 LAC No. 63/11 Page 22 of 26 Shibba Mal & Ors. vs. UOI to the month of October, 1961 there have been tremendous rise in prices of the land in the area of question. Prices had multiplied approximately by four times."
To say, it is 24.5.1961 the date of preliminary notification in the reference under consideration, the market value on such date has already been determined in aforementioned decision of Hon'ble High Court of Delhi. There is no contrary evidence by the respondent on these aspects. Moreover, it is settled law that two equals cannot be discriminated, the petitioners are to be treated on parity with others and the market value of land was determined as Rs. 35,000/ per bigha. It is held that on 24.5.1961 the market value of land acquired was Rs. 35,000/ per bigha. which petitioners have succeeded to establish. Whereas the market value determined by the Land Acquisition Collector was Rs. 3000/ per bigha. Therefore, petitioners have succeeded to establish issue no.1 and also issue no.2 in their favour that market value of land was Rs. 35,000/ per bigha yards on the date of preliminary notification and the respondent no.1 could not prove remaining part of issue no. 1. The issues nos. 1 and 2 stand disposed off accordingly.
7.4 Issue no. 3
3. Whether the petitioner is entitled for enhanced compensation against respondent nos. 1 & 2, as prayed? OPP 7.4.1 It is apparent that the market value of land is Rs. 35,000/per bigha on the date of preliminary notification. Thus petitioners are held entitled for compensation @ Rs 35,000/ per bigha. The issue no. 3 is accordingly LAC No. 63/11 Page 23 of 26 Shibba Mal & Ors. vs. UOI decided in favour of petitioners and against the respondents. 7.4.2 The dates of awards are 30.8.1961, the petitioner are entitled for solatium @ 15% on the enhanced market value of land. 7.4.3 The petitioners had not claimed any interest in their original reference petition but in the amended petition @ 6% pa. There is provision of interest U/s 34 of the Act @ 9% for first year and 15% pa after one year, however, this scheme was introduced by the Land Acquisition (Amendment) Act 1984 and prior to it, the interest was 6% pa and earlier to it , there is no provision of interest, that is why it does not find mention in the Awards. Since awards are as per prevailing provisions of law, therefore, petitioners' request of interest @ 6% pa in the amended petitions, is declined. Although, they will entitled to other compensation awarded by the Collector.
7.5 When the legal representatives of deceased were impleaded by orders dated 28.10.2014 and 6.1.2015, the issues with regard to entitlement of interest for delayed period were kept alive. The applications filed on 3.6.2014 for bringing Lrs of petitioner no. 1(III)(aiii) Jai Narayan Sainidied on 9,8,2013 , 1(III)(b) Ratno - died on 13.12.2006 , 1 (IV)(f) Smt Urmila Devidied on 16.12.2014 , 2(VIII)(d) Satish Sainidied on 25.11.2013; 2(IX) Sevti Devi @ Savitri Devi died on 12.10.2013 and application filed on 3.6.2014 for bringing Lrs of petitioner no.5(II) Sewa Rani ( died on 1.9.2009) were belated applications, beyond statutory period of 90 days. It is settled law that applications filed beyond statutory period of 90 days, those Lrs will not be entitled for interest beyond 90 LAC No. 63/11 Page 24 of 26 Shibba Mal & Ors. vs. UOI days period, accordingly Lrs of aforementioned deceased will not be entitled for any interest beyond 90 days period from the date of respective dates of death. Although, the petitioners are not allowed or held entitled for interest. This issue also stand disposed off.
8. Issue No. 4 - Relief In view of the findings given on issues No. 1, 2, and 3 above, the petitioners 1 to 5 are held entitled for compensation @ Rs.35,000/ per bigha against respondent no.1/UOI by enhancing the compensation from amount of Rs. 3000/ per bigha, which was awarded by the Land Acquisition Collector in respect of petitioners' land acquired (the petitioner no.1 is having 50% share of compensation in respect land acquired and other petitioners 2 to 5, each has 12.50% share) more particularly detailed with khasra number in the statements under section 19 of the Act 1894); besides 15% solatium under section 23(2) of Act, in lieu of compulsory acquisition of land. The other amount of trees, well and water channels will remain the same as awarded by the Collector. The enhanced compensation will be subject to adjustment of earlier payment received by petitioners. The amount of compensation will be disbursed to petitioners as per their shares determined in reference petition u/ss 30 of the Act 1894 (also detailed in para 1.2 above). Since, there are legal representatives of deceased parties or their successor in interest, the share of each branch or predecessor in interest will be distributed equally in one branch and so on, so that each one will get the share entitled to LAC No. 63/11 Page 25 of 26 Shibba Mal & Ors. vs. UOI receive. Since respondent no.5 is beneficiary, therefore, both the respondent no.1 and respondent no.5 will be liable to pay compensation jointly and severally.
9. The reference petitions of both awards no.1193 and 1194 stands answered. Both the sides will bear their own costs. Memo of costs be drawn. A copy of this Award by court be sent to Land Acquisition Collector, Delhi, for necessary information, action and immediate compliance for remittance of amount.
File be consigned to record room.
Announced in the open Court today (Inder Jeet Singh) ममगलववर, Jayaistha 17, Saka 1938 Addl. District Judge02 (South) Saket, New Delhi / 07.06.2016 LAC No. 63/11 Page 26 of 26 Shibba Mal & Ors. vs. UOI LAC No. 63/11 07.06.2016 Present : Sh. Avinash Sharma, counsel for LRs of petitioner no. 1 to 4.
Proxy Counsel Shri Avinash Sharma, Advocate for Sh. Rajeev Sharma, counsel for LRs of Kesar Devi/ petitioner no. 5.
Shri S.K. Puri, Counsel for UOI / respondent no. 1. [Respondent no.2 was transposed as petitioner no.4 (as per order dated 10.10.2008) and respondent 4 was transposed as petitioner no.5 (as per proceedings dated 17.05.2016)].
None for respondent no.3, she is exparte as per order dated 22.07.1975.
None for DDA/ respondent no. 5.
It is apprised that in Award no. 1193 the total area is 173 bigha 8 biswa and the land of petitioners are of 110 bigha 06 biswa. In Award no. 1194, the petitioners land and land of award was 4 biswa. The date of dispossession 30.12.1961 in both the awards. There is no dispute with regard to area or dates qua present parties to the reference petition. The status of DDA also stand clarified, which is matter of record of judicial proceedings, particularly of proceedings dated 17.04.1998, order dated 03.12.1999 and of 19.11.2004.
Vide separate Award by the Court, the reference petition stands answered. Both the sides will bear their own costs. Memo of costs be drawn. A copy of this Award be sent to Land Acquisition Collector, Delhi, for necessary information, action and immediate compliance for remittance of amount.
File be consigned to record room.
(Inder Jeet Singh)
ADJ02 (South), Saket
M New Delhi / 07.06.2016
LAC No. 63/11 Page 27 of 26