Delhi District Court
Sh. Laxmi Naraian And Ors vs Union Of India And Ors on 20 December, 2024
Laxmi NarainVs. Union of India & Anr.
DLST01-000316-2011
IN THE COURT OF DISTRICT JUDGE-02, SOUTH, SAKET
COURTS COMPLEX, NEW DELHI
Presiding Judge: Dr. Yadvender Singh
LAC NO. 118/2016
FILING No. 20173/2011
CNR No. DLST01-000316-2011
In the matter of:-
1. Sh. Laxmi Narain, s/o Late Ratan Lal (deceased through
LRs)
i. Sh. Lalit Mohan Vats (allowed vide order dated
08.11.2017)
a) Sh. Raj Kumar Vats
b) Sh. Anand Kumar
c) Smt. Renu, w/o Sh. Praveen Agnihotry,
D/o Late Lalit Mohan Vats
d) Smt. Sangeeta, w/o Sh. Praveen
D/o Late Lalit Mohan Vats,
All r/o H.No. 10/2, Yogmaya Mandir,
Mehrauli, New Delhi.
ii. Sh. Kanahiya Lal Vats,
iii. Sh. Virender Kumar Vats, Digitally signed by
YADVENDER YADVENDER SINGH
SINGH Date: 2024.12.20
18:57:37 +0530
LAC NO. 118/2016
Page 1 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024
Laxmi NarainVs. Union of India & Anr.
iv. Sh. Vinod Kumar Vats.
v. Smt. Sushila Devi,
All r/o H.No. 10/2, Ward no. 1,
Mehrauli, New Delhi.
vi. Smt. Sarla Sharma,
W/o Sh. Om Prakash Sharma,
R/o 61-A, J-Extn., Lakshmi Nagar,
Delhi.
vii. Smt. Beena Sharma,
W/o Sh. Devender Sharma,
R/o 229, Block No. 12,
Lodhi Road, New Delhi.
viii. Smt. Kusum Sharma,
W/o Sh. Ajay Sharma,
R/o 279, Masjid Moth,
Near South Extn., New Delhi.
ix. Smt. Jyoti Sharma,
W/o Sh. Devender Sharma,
C/o Pt. Tek Chand Sharma,
H.No. 167, village Fatehpur Beri,
Mehrauli, New Delhi.
x. Smt. Manju Sharma,
W/o Maj. J.D. Sharma,
H.No. 145/2, Mall Road,
PO Nasirabad,
District Anmer, Rajasthan.
2. Sh. Brij Mohan Lal (deceased through LRs)
i. Smt. Saroj Bala, w/o Sh. B.S. Sharma,
R/o 244/2, Mehrauli, New Delhi.
ii. Smt. Renu Bala, w/o Sh. Ajay Kaushik,
r/o 4/117, Gali Sarwada, Digitally signed by
YADVENDER YADVENDER SINGH
SINGH Date: 2024.12.20
LAC NO. 118/2016 18:57:44 +0530
Page 2 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024
Laxmi NarainVs. Union of India & Anr.
Vishwas Nagar Market,
Shahdara, Delhi-110032.
iii. Smt. Tara Wati (since deceased)
[represented by Sh. Akhil and Sh. Nikhil (already on
record as legal heirs of Sh. Arun Kumar Sharma at serial
no. 3 (iv)(a) & (b) (vide order dated 24.10.2017]
3. Sh. Jag Mohan Lal (deceased through LRs)
i. Smt. Shanti Devi (deceased through LRs)
(a) Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
ii. Smt. Indu Bala,
W/o Sh. Kuldeep Sharma,
D/o Late Sh. Jagmohan Lal Sharma,
R/o 343, Jawahar Nagar,
Near Dr. Lal Clinic,
Gurgaon, Haryana.
iii. Smt. Madhu Bala, W/o Sh. S.N. Sharma (deceased through
LRs),
(a) Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
iv. Sh. Arun Kumar Sharma (impleaded vide order dated
06.11.1990) (deceased through LRs)
(a) Sh. Akhil Sharma,
s/o Late Sh. Arun Kumar Sharma,
(b) Sh. Nikhil Sharma,
S/o Late Sh. Arun Kumar Sharma
Digitally signed by
YADVENDER YADVENDER SINGH
SINGH Date: 2024.12.20
18:57:59 +0530
LAC NO. 118/2016
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Laxmi NarainVs. Union of India & Anr.
All R/o 10/3, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030. (Both impleaded vide
order dated 24.10.2017).
4. Sh. Radhey Mohan Lal (deceased through LRs)
Sarla Devi (deceased through LRs) (allowed vide order
dated 13.02.2018)
i. Sh. Akhil Sharma,
S/o Late Sh. Arun Kumar Sharma,
ii. Smt. Om Wati
W/o Late Sh. Arun Kumar Sharma,
iii. Smt. Vaishali Bhargava,
D/o Late Sh. Arun Kumar Sharma,
iv. Smt. Priyanka Sharma,
D/o Late Arun Kumar Sharma,
v. Sh. Nikhil Sharma,
S/o Late Arun Kumar Sharma,
All r/o 10/3, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
vi. Smt. Saroj Bala,
W/o Late Brahm Saroop Sharma,
D/o Late Sh. Brij Mohan Sharma
R/o 244/2, Mehrauli,
New Delhi-110030.
vii. Smt. Renu Bala,
W/o Sh. Ajay Kaushik,
D/o Late Sh. Brij Mohan Sharma,
R/o 4/117, Bazar Gali Sarwaria Market,
Vishwas Nagar, Shahdara, Delhi.
Digitally signed by
YADVENDER YADVENDER SINGH
LAC NO. 118/2016 SINGH Date: 2024.12.20
18:58:12 +0530
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Laxmi NarainVs. Union of India & Anr.
viii.Smt. Shanti Devi (deceased through LRs) [allowed vide
order dated 24.10.2017]
Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
ix. Smt. Indu Bala,
W/o Sh. Kuldeep Sharma,
D/o Late Sh. Jagmohan Lal Sharma,
R/o 343, Jawahar Nagar,
Near Dr. Lal Clinic,
Gurgaon, Haryana.
x. Smt. Madhu Bala, W/o Sh. S.N. Sharma (deceased through
LRs) [allowed vide order dated 24.10.2017]
Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
xi. Smt. Bhagwan Devi (deceased through LRs)
Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
xii. Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
5. Smt. Bhagwani Dei, w/o Sh. Madan Mohan (deceased
through LRs)
Digitally signed by
YADVENDER YADVENDER SINGH
SINGH Date: 2024.12.20
LAC NO. 118/2016 18:58:19 +0530
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Laxmi NarainVs. Union of India & Anr.
i. Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
6. Smt. Vidya Wati (deceased through LRs) [allowed vide
order dated 24.10.2017]
i. Sh. Rajesh Sharma,
s/o Late Sh. Madan Mohan Sharma,
R/o 10/25, Ward no. 1, Near Yogmaya Mandir,
Mehrauli, New Delhi-110030.
(Brought on record vide order dated 13.09.2010). ....Petitioners
Versus
1. Union Of India
Through Land Acquisition Collector
South District, M.B. Road, Saket, New Delhi.
2. Delhi Development Authority
Through its Vice Chairman
INA, Vikas Sadan, New Delhi ....Respondents
Reference received on : 03.01.1986
Date of Institution : 03.01.1986
(02.08.2011 as per new filing)
Date on which order was
reserved : 17.09.2024
Date of Award : 20.12.2024
AWARD BY THE COURT
1. The present reference under Section 18 of the Land Acquisition Act, 1894 was received from the office of Land Digitally signed by YADVENDER YADVENDER SINGH LAC NO. 118/2016 SINGH Date: 2024.12.20 18:58:30 +0530 Page 6 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
Acquisition Collector on an application moved by the petitioners, who have sought enhancement of the monetary award given by the Land Acquisition Collector on the ground that the assessment of the market value of the acquired land was done on the lower side without considering the relevant factors for correctly assessing the market value of the land in question. The reference was received from the office of LAC (South) on 03.01.1986.
2. For answering the present reference petition, the relevant dates, features and facts are given below:
(i) Date of notification U/s 4 of the Act: 23.01.1965 (iia) Date of notification U/s 6 of the Act: 07.12.1966 (iib) Date of notification U/s 17 of the Act: Nil
(iii) for Project: PDD
(iv) Location/Name of Village: Mehrauli
(v) Award Number U/s 11 of Act by LAC: 80-E/70-71 (Suppl.) & date of Award: 09.01.1981
(vi) Date of reference petition to LAC: 13.02.1981
(vii) Petition referred to Court on: 03.01.1986
3. The present reference under Section 18 of the L.A. Act pertains to the award announced by LAC for acquisition of land situated in village Mehrauli which was acquired for the public purpose of 'Planned Development of Delhi'. The land in question Digitally signed by YADVENDER YADVENDER SINGH LAC NO. 118/2016 SINGH Date: 2024.12.20 18:58:36 +0530 Page 7 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
was acquired by the LAC vide award No.80-E/70-71 (Suppl.) dated 09.01.1981 pursuant to preliminary notification under Section 4 of the Act dated 23.01.1965 which was followed up by notification under Section 6 of the Act on 07.12.1966.
4. The Land Acquisition Collector (in brief LAC) after considering the relevant factors gave its Award No. 80-E/70-71 by determining the compensation awarded under Section 11 for the compulsory acquisition of Khasra no. 1790, 1795, 1796, 1805, Block A Rs.1,700/- per bigha and Block-B @ Rs.500/- per bigha.
5. A reference application under Section 18 of the Act, 1894 before the Land Acquisition Collector, Delhi was filed by the petitioners. The reference filed by the petitioners along with statement under Section 19 of the Act, 1894 has been sent to the Court by the Land Acquisition Collector for answering the same.
6. Reference was forwarded by the LAC with the claims of the six petitioners. The petitioners would state that the compensation awarded by LAC is very low, inadequate, unjust, unreasonable, arbitrary, illusory and is not acceptable to the petitioners. The petitioners would state that the land of the petitioners was of great potential value as agricultural, residential, commercial and industrial site on the ground that the village is urbanized and was in urban zone; that the land of the petitioners is YADVENDER Digitally signed by YADVENDER SINGH LAC NO. 118/2016 SINGH Date: 2024.12.20 18:59:20 +0530 Page 8 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
very close to various posh residential colonies i.e. Sarvodya Enclave, Hauz Khas, Saket, Malviya Nagar, Green Park etc.; that the land of the petitioners is very close to IIT Engineering college, Delhi; that the land of the petitioners is very close to the abadi of the village; that the land of the petitioners is just adjacent to main road; that all kinds of civic amenities such as school, college, hospital, bus service, roads, electricity, water supply and telephone are available to the land of the petitioners; that the lands of the petitioners is just close to the Qutab Mihar, the historical place of India; that thousands of posh farm houses have come up in the vicinity, whereby the price of the land has touched high sky. That the market value of the land at the relevant time was not less than Rs. 200/- per sq. yd. That the rights of the petitioners are not subject to any bar or encumbrances. That besides the compensation of the land the petitioners are also entitled to Rs. 20,000/- for huge stones, boundary around the field nos. 1795 and 1796. That in khasra no. 1805 the petitioners alone are in exclusive possession on account of family arrangement since the time of their ancestors, so they are entitled to full compensation of this khasra number to the exclusion of all other recorded co-sharers. That this reference is with respect to the entire land of the petitioners that may have been acquired under this award and if any khasra No. is wrongly or YADVENDER Digitally signed by YADVENDER SINGH LAC NO. 118/2016 SINGH Date: 2024.12.20 18:59:33 +0530 Page 9 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
incorrectly typed or any khasra No. is left, or the area of any khasra no. is wrongly typed, then this reference be considered for the entire correct land in correct area of the petitioners. That the entire acquisition proceedings are wrong, illegal, ultra vires, null and void, unconstitutional and the petitioners reserve their rights to challenge the same in the competent court of law as and when advised, however the present reference is being made as a precautionary measure without prejudice. It is prayed that the dispute as to the inadequacy of compensation be referred to the learned District Judge for adjudication and awarding compensation Rs. 200/- per sq. yd. together with the claim made in para 7 hereof besides solatium 15% and interest @ 6% p.a.
7. Vide order dated 06.02.1987 WS was filed by UOI.
8. On 09.12.1986, an application u/o XXII rule 2 CPC was decided and LRs of Jag Mohan Lal/ petitioner no. 2 were substituted as Smt. Shanti Devi, Ms. Indu Bala and Smt. Madhu Bala.
9. On 06.03.1987, following issues were framed by Ld. Predecessor court:
i. Whether the application is within time? ii. Who are the LRs of Late Sh. Jagmohan Lal?Digitally signed by YADVENDER
YADVENDER SINGH
SINGH Date: 2024.12.20
18:59:39 +0530
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10. On 26.03.1987, it was held by Ld. Predecessor court that issues framed on 06.03.1987 need not be decided or proceeded with as application u/o XXII rule 3 has already been decided on 09.12.1986.
11. Vide order dated 06.11.1990, Ld. Predecessor court allowed the application for substitution on account of death of Brij Mohan Sharma and Smt. Tarawati (widow), Saroj Bala and Renu Bala (daughters) were impleaded as LRs of deceased Brij Mohan Sharma and deleting the name of Arun Kumar.
12. Vide order dated 08.02.1993 Ld. Predecessor court ordered that as probate proceedings are pending between the parites, the proceedings of the present case were stayed sine die and to be revived as and when the probate proceedings are completed by moving application by the parties.
13. On 25.03.1997, original file received. On 08.08.1997, an application u/o XXII rule 3 CPC read with section 151 CPC moved by petitioner Rajesh Sharma.
14. Vide order dated 16.07.2007 of Ld. Predecessor court, proceedings of this reference was adjourned sine die since the proceedings of this reference had been stayed by the orders of Hon'ble High Court of Delhi.Digitally signed by YADVENDER
YADVENDER SINGH
SINGH Date: 2024.12.20
LAC NO. 118/2016 18:59:44 +0530
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15. On 02.08.2011, an application u/s 151 CPC on behalf of Rajesh Sharma, LR of petitioner no. 6 was filed. Vide order dated 09.10.2012 passed by Ld. Predecessor court, reference was revived subject to condition that petitioners shall not be entitled for interest we.f. 08.03.1993 to 17.07.2007.
16. Vide order dated 24.10.2017, Rajesh Sharma was brought on record as LR of Vidhyawati, Madhu Bala and Shanti Devi.
17. An application to bring on record the LR of Arun Kumar Sharma, who expired on 17.12.2008 leaving behind his wife and four children as LRs was allowed. As per the contents of the application, the wife and daughters of Anil Kumar Sharma have executed a registered relinquishment deed in favour of Akhil and Nikhil. Vide the order dated 24.10.2017, Akhil and Nikhil were brought on record as LR of Anil Kumar Sharma.
18. Vide order dated 08.11.2017, an application u/o XXII rule 2 CPC was moved to delete the name of Mrs. Radha Sharma as LR of Lalit Mohan Vats, who were the LR of petitioner Laxmi Narain.
The application was allowed and names of four LRs Raj Kumar Vats, Anand Kumar, Renu and Sangeeta were brought on record and name of Radha Sharma was deleted as she expired on 26.02.2017.
Digitally signed by YADVENDER YADVENDER SINGH
SINGH Date: 2024.12.20
18:59:49 +0530
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19. On 13.02.2018, an application was moved on behalf of one of LRs of Sarla Devi, who was petitioner no. 4 (i) and same was allowed.
20. On 18.04.2018, following issues were found to be framed by the Ld. Predecessor Court for answering the present reference:
i. What was the market value of the acquired land at the time of issuance of notification u/s 4 of the L.A. Act? Onus on the parties ii. Whether the petitioners are entitled to enhanced compensation i.e. compensation over and above the compensation already awarded by the Ld. Land Acquisition Collector? Onus on the petitioners.
iii. Relief.
21. The petitioners were asked to lead evidence. On behalf of the petitioners, Sh. Rajesh Sharma was examined as PW1. PW1 tendered his affidavit in evidence as Ex. PW-1/A and relied on the following documents:
1. Photocopy of the memorandum of family settlement dated 23.01.2003, Ex. PW-1/1;
2. Original death certificate of Late Arun Kumar Sharma, s/o Late Brij Mohan Sharma, Ex. PW-1/2; and
3. Certified copy of the judgment dated 02.11.2022 in LAC no. 123/2016 titled as Janta Housing Company & Ors.
Vs Union of India and Anr., Ex. PW-1/3.
22. PW-1 was duly cross examined on behalf of UOI.
Digitally signed by YADVENDER YADVENDER SINGH
SINGH Date: 2024.12.20
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Laxmi NarainVs. Union of India & Anr.
23. Petitioners examined Sh. Arvind Kumar, Patwari, Land & Building department as PW-2, who brought the summoned record i.e. LR Register. The copy of the relevant page of LR Register is Ex. PW-2/1.
24. No other witness was examined on behalf of the petitioners. Vide order dated 08.11.2023, PE was closed on behalf of petitioners.
25. In DE, on behalf UOI/respondent No.1, statement of Sh. Sarthak Ghankrokta, Ld. counsel for UOI was recorded whereby he exhibited the Award No.80-E/1970-71 (suppl.) of Village Mehrauli as Ex.RW-1/1.
26. I have heard the arguments of the Ld. counsels for the parties and perused the material on record.
27. Time now to deal with the issues. My issue-wise findings are as under :
Issue no.1: What was the market value of the acquired land at the time of issuance of notification u/s 4 of the L.A. Act? Onus on the parties
28. Petitioner namely Rajesh Kumar's case is that he is LR of deceased petitioner no. 5 (Smt. Bhagwan Devi) as Late Smt. Bhagwan Devi was his step mother and had died issueless. He is the adopted son of petitioner no. 6/ Vidyawati vide registered Digitally signed by YADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 LAC NO. 118/2016 19:00:06 +0530 Page 14 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
Adoption Deed dated 12.08.1985 and LR of Bhagwan Devi being his step mother. Petition u/s 18 of LA Act, 1894 shows that petitioner no. 5 Smt. Bhagwai Devi and petitioner no. 6 Smt. Vidya Wati were widows of Sh. Madan Mohan. Petitioner relied upon Family settlement dated 23.01.2023 Ex. PW-1/1.
29. It is contended that on coming to know that khasra no. 1790, 1795, 1796, 1802, 1805, 2031/1806 had been acquired under Award dated 09.01.1981 Ex. RW-1/1, the petitioners immediately filed the reference u/s 18 of LA Act on 13.02.1981. The reference u/s 18 of LA Act was sent by LAC to this court qua field no. 1790, 1795, 1796 (min) and 1805 for total area of the petitioners in their respective shares as mentioned in the statement u/s 19 of the LA Act, 1894 itself. It has specifically been mentioned that possession of khasra no. 1802, 2031/1806 has not yet been taken over and reference of these khasra numbers had been withheld. It has also been mentioned that khasra no. 1785, 1787, 1788 were not acquired in this award. The compensation award u/s 11 was @ Rs. 1,700/- per bigha for category I-A and Rs. 500/- per bigha for category II-B. In the reference petition u/s 18 of LA Act, the petitioner claimed for Rs. 200/- per sq. yds. for the acquired land in question.
Digitally signed byYADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 19:00:12 +0530 LAC NO. 118/2016 Page 15 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
30. To prove its case petitioner examined total two witnesses i.e. PW-1 & PW-2. He examined himself as PW-1 and examined Sh. Arvind Kumar, Patwari, Land & Building department, ITO as PW-2 being summoned witness.
31. The petitioner/ PW-1 tendered his evidence by way of affidavit Ex. PW-1/A and filed documents Ex. PW-1/1, Ex. PW- 1/2, Ex. PW-1/3. Ex. PW-1/1 is copy of Memorandum of Family Settlement dated 23.01.2003 which shows the above mentioned settlement between some of the above stated parties. Ex. PW-1/2 is death certificate of Late Arun Kumar Sharma, s/o Late Brij Mohan Sharma (petitioner no. 2). Ex. PW-1/3 is copy of judgment dated 02.11.2022 passed by Ld. Predecessor of this court in LAC no. 123/2016 titled as Janta Housing Company & Ors. vs. UOI & Anr. Petitioner relied upon Ex. PW-1/3 to show that enhancement was granted vide this judgment for acquired land of Village Tehkhand, Tehsil Mehrauli, Delhi against the Award dated 19.09.1986 to show compensation @ Rs. 40,000/- per bigha. It was argued that date of notification u/s 4 of LA Act, 1894 of present Award and of Award in LAC no. 123/2016 is of the same date i.e. 23.01.1965. However, the location of the subject land in the present case and of the subject land of LAC no. 123/2016 are in different villages and award are also different. The Award in the Digitally signed by YADVENDER YADVENDER SINGH LAC NO. 118/2016 SINGH Date: 2024.12.20 19:00:18 +0530 Page 16 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
present case was made on 09.01.1981 i.e. much prior to the Award in LAC no. 123/2016. The notification u/s 4 of LA Act, 1894 in the present case and in LAC no. 123/2016 are also not same. The number of notification u/s 4 of LA Act in the present case is F.4(98)/64-L&H and notification u/s 4 of LA Act in LAC no. 123/2016 is F.4(2)/65-L&H, which are entirely different. Accordingly, Ex. PW-1/3 cannot be relied upon for assessment of the market value of the land in question in the present case.
32. PW-2 was summoned witness, brought the summoned record i.e. LR Register of Award no. 80E/1970-71, Village Mehrauli, New Delhi and relevant page of LR Register was exhibited as Ex. PW-2/1 (OSR). This record was summoned to show that possession of khasra no. 1802, village Mehrauli, possession of khasra no. 2031/1806, village Mehrauli and possession of khasra no 2032/1806, village Mehrauli was handed over by Land & Building department to DDA on 23.09.1981.
33. Judicial notice of RFA no. 186/1986 tilted as Nand Kishore vs. UOI decided on 17.04.1998 by Hon'ble High Court of Delhi may be taken. In this matter further enhancement of compensation for land acquired vide award no. 80E/1970-71, in which notification u/s 4 of LA Act was issued on 23.01.1965 and notification u/s 6 of LA Act was issued on 07.12.1966, was sought.
Digitally signed by YADVENDER YADVENDER SINGH
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19:00:33 +0530
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Laxmi NarainVs. Union of India & Anr.
Hon'ble High Court of Delhi vide this judgment fixed market price for this land as Rs. 16,000/- per bigha. In the present case also, land in question was acquired through same notification and through same award. Accordingly, this matter can be considered as a covered matter with respect to the present case.
34. Hon'ble High Court of Delhi in case title Union of India Vs. Shri Harkishan Etc. in RFA 205/19777 dated 18.07.1995 observed that "(ii) by applying the law laid down in Union of India Vs. Harkishan case (supra), when the land is acquired under same notification, there cannot be compensation at different rates....".
35. For the purpose of adjudicating the market value of the acquired land in the present case, the reliance can be made on the decision of Hon'ble high Court of Delhi in Nand Kishore (Supra), wherein Hon'ble High Court had determined the market value of the similar situated land under same notification and Award as Rs. 16,000/- per bigha. Accordingly, on the basis of evidence and arguments addressed by Ld. Counsels for petitioner and respondent, I am of the opinion that if the market value for the acquired land vide same notification and under same award and for the land of the same village in question in the present case be taken as market value of the land acquired in question on the date of notification, then the market value of the land in question in the Digitally signed by YADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 LAC NO. 118/2016 19:00:44 +0530 Page 18 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
present case on the date of notification u/s 4 of LA Act i.e. on 23.01.1965 in Award no. 80E/1970-71 shall be Rs. 16,000/- per bigha.
36. Accordingly, issue no. 1 is decided in favour of the petitioner.
Issue no.2: Whether the petitioners are entitled to enhanced compensation i.e. compensation over and above the compensation already awarded by the Ld. Land Acquisition Collector? Onus on the petitioners
37. Ld. counsel for respondent argued that petitioners are not entitled for any enhanced compensation as Section 18 of LA Act, 1894 bars their such entitlement. They submitted that no claim was made by the petitioners before LAC and accordingly Award was not accepted under protest. Section 18(1) LA Act, 1894 provides that "any person interested, who has not accepted the award made by written application to the collector required that the matter be referred by the collector for the determination of the court". The second proviso of Section 31(2) provides that "no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18".
38. It is settled law that an application for reference to civil court is maintainable only if there is non acceptance of the Award Digitally signed by YADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 LAC NO. 118/2016 19:00:49 +0530 Page 19 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
by the awardee. Once parties agreed to the compensation payable and award is passed, the same would bind the parties unless it is set aside in appropriate proceedings by a court of competent jurisdiction. The Award accepted without protest extinguishes the legal right to maintain the reference for enhancement of compensation. More so, when the land owners agreed not to seek any enhancement, the land owners having accepted the award, were estopped from maintaining the applications.
39. Hon'ble Supreme Court of India in the matter titled as Wardington Lyngdoh & Ors. Vs. The collector, Mawkyrwat, 1995 AIR 2340 held as under:
"It will thus be clear that the persons interested in the land are entitled to receive compensation awarded by the Collector under s. 11 under protest and entitled to object to the compensation determined by the Collector. No persons who had received the amount otherwise than under protest should be entitled to make application under s. 18. In other words, the receipt of the amount under protest is a condition precedent to make an application under s. 18 within the limitation prescribed under the proviso to sub-Sec. 2 of Sec.18 together with the grounds on which the objections have been taken. Thereon the Collector is enjoined to make a reference to the Civil Courts with the statement in the manner stated in S. 19."Digitally signed
YADVENDER by YADVENDER SINGH SINGH Date: 2024.12.20 LAC NO. 118/2016 19:00:53 +0530 Page 20 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
40. Hon'ble Supreme Court of India in the matter titled as "Ashwani Kumar Dhingra vs. State of Punjab, 1992 AIR 974" held as under:
"4. Section 18 of the Land Acquisition Act, makes it clear that person interested, in order to enable him to seek the remedy of reference can do so only if he does not accept the Award. In order to show that the person concerned had not accepted the Award the claimants accept the compensation only under protest because once the compensation is accepted without protest the person concerned may lose his right to a reference for various matters mentioned in s.18."
41. Ld. Counsel for petitioner argued that the Award was accepted under protest by the petitioners. He submits that a claim of Rs. 50/- sq. yds. was made before the LAC. He submits that he has already argued on 04.06.2024 regarding the same.
42. Perusal of order dated 04.06.2024 of this court shows that Ld .counsel for petitioners submitted that as per Award itself original claimed amount was Rs. 50/- per sq. yds i.e. Rs. 50,000/- per bigha. He submitted that copy of Award Ex. RW-1/1 already on record shows that in entry no. 161 at page no. 47 the claimed rate has been showed as Rs. 50/- per sq. yds. He submitted that this record was prepared by LAC and in view of the same the Digitally signed by YADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 19:01:00 +0530 LAC NO. 118/2016 Page 21 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
claimed amount must be considered atleast as Rs. 50,000/- per bigha.He submits that even otherwise the claim of Rs. 200/- per sq. yds. has been made in the reference application.
43. Section 19 of LA Act, 1894 was send by LAC to this court with comment "no claim".
44. Perusal of Award Ex. RW-1/1 shows that at page no. 2 of the Award it has been mentioned that notice u/s 9 & 10 of the LA Act, 1894 were issued by the persons interested in the land and claims filed will be discussed under the heading "claims and evidence".
45. The khasra numbers of the present reference also found to be mentioned in the details of the land under acquisition under the heading "measurement and true area" in the Award itself. From the page 34 onwards of the Award Ex. RW-1/1, the claims and evidence have been discussed. In the entry at serial no. 161 of page no. 47 under the heading "claims and evidence" of the Award, the name of the original petitioners in the present case are found to be mentioned as claimant. The rate claimed has also been found to be mentioned @ Rs. 50/- per sq. yds. However, the khasra numbers are found to be mentioned as 1789, 1791, 1773, 1784, 1798, 1800, 1786, 2015/1613. Perusal of statement u/s 19 of Digitally signed by YADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 LAC NO. 118/2016 19:01:07 +0530 Page 22 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
LA Act as sent to this court by the LAC with reference u/s 18 of the Act in the present case shows that the field number of the present reference are 1790, 1795, 1796 (min), 1805. These khasra numbers do not find any mention in the list of khasra numbers as mentioned at serial no. 161 under the heading "claims and evidence" of the Award Ex. RW-1/1. It was correctly argued by Ld. Counsel for petitioner that the claimed amount was Rs. 50/- per sq. yds., however, this is only half fact and Ld. Counsel did not disclose the complete facts and it was suppressed that the khasra numbers of the present reference petition were not mentioned in serial no. 161. Accordingly, the claimed amount @ Rs. 50/- per sq. yds. cannot be said to be so claimed for the khasra number 1790, 1795, 1796 (min), 1805 of the present reference petition.
46. It is not the case of petitioners that they had challenged the Award for any wrong mentioning of the fact in the Award itself that notice u/s 9 & 10 of the LA Act were issued to the persons interested in the land. Even otherwise the notice to the persons interested in the land including the petitioners can also be presumed when it is find to be mentioned in serial no. 161 of the heading claims and evidence of the award that their claimed rate was Rs. 50/- per sq. yds. for different khasra no. acquired through the same notification. Digitally signed by YADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 LAC NO. 118/2016 19:01:13 +0530 Page 23 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
47. It was further argued by Ld. Counsel for petitioner that the claimed amount @ Rs. 200/- per sq. yds. has been mentioned in the reference application and accordingly the present Award cannot be considered to be accepted without protest.
48. It is settled legal position that an application for reference is not a proper document wherein to record such protest and accordingly the claimed amount in the reference petition cannot be considered for showing that the disputed amount of compensation money was accepted under protest.
49. In the judgment Suresh Chandra Roy vs. The Land Acquisition Collector, AIR 1964 CAL 283, Hon'ble Calcutta High Court observed as under:
"6. Moreover an application for reference is not the proper document wherein to record such a protest. A protest ought to be made, firstly, in the application for receiving the disputed amount of compensation, if any such application is to be at all made and must be recorded in the receipt granted showing that the disputed amount of compensation money was accepted under protest. Since the petitioner failed to receive the compensation money under a properly recorded protest I am disinclined to interfere in this matter."
50. In view of the abovesaid discussion and settled legal position, in the facts and circumstances of present case, it cannot Digitally signed by YADVENDER YADVENDER SINGH SINGH Date: 2024.12.20 19:01:21 +0530 LAC NO. 118/2016 Page 24 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024 Laxmi NarainVs. Union of India & Anr.
be said that the Award was accepted under protest by the petitioners. Accordingly, the petitioners cannot be held entitled to enhanced compensation and issue no. 2 is decided against the petitioners.
Issue no.3: Relief.
51. In view of the abovesaid discussion, the petition is dismissed. Both the sides will bear their own cost.
52. The reference petition under Section 18 of LA Act is answered in terms of findings on issues no. 1 & 2. 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. Thereafter, file be consigned to record room after necessary compliance.
Digitally signed by YADVENDER Pronounced in the open Court YADVENDER SINGH on this 20th December 2024 SINGH Date: 2024.12.20 19:01:39 +0530 (DR. YADVENDER SINGH) DISTRICT JUDGE-02 SOUTH, SAKET COURTS, NEW DELHI. LAC NO. 118/2016 Page 25 of 25 Dr. Yadvender Singh/DJ-02/South/Saket/ND/20.12.2024