Delhi District Court
Kanhiya Singh @ Kanhiya Lal vs . Union Of India & on 29 August, 2019
DLNT010012772012
IN THE COURT OF SH. NEERAJ GAUR
ADDITIONAL DISTRICT JUDGE : ROHINI COURTS : DELHI
LAC No. 1024/16
KANHIYA SINGH @ KANHIYA LAL VS. UNION OF INDIA &
ORS.
SH. KANHIYA LAL
S/O SH. BAHADUR SINGH
R/O SHAHBAD DAULATPUR,
DELHI.
..... PETITIONER
Versus
1. UNION OF INDIA
THROUGH L.A.C. (NORTH)
ALIPUR, DELHI.
2. DELHI DEVELOPMENT AUTHORITY
THROGH VICECHARIMAN
VIKAS SADAN, INA,
NEW DELHI.
..... RESPONDENTS
Award No. 29/200203
Village SHAHBAD DAULATPUR
Notification U/S 4 F.10 (29)/96/L&B/LA/11394
LAC no. 1024/16 Page 1 of 9
dt. 27101999
Notification U/s 6 F.10 (29)/96/L&B/LA/20
dt. 03042000
Date of Announcement of LAC Award 01112002 Date of Receipt of Reference : 18122012 Date of Arguments : 29082019 Date of Decision: 29082019 REFERENCE PETITION UNDER SECTION 18 OF THE LAND ACQUISITION ACT 1894 AWARD:
(BY THE COURT U/S 26 OF LAND ACQUISITION ACT 1894 ON REFERENCE PETITION U/S 18 OF THE ACT):
1. This is a reference made by the Land Acquisition Collector (hereinafter referred to as 'LAC') under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'LA Act'). The reference was initiated on a petition made by the petitioner who was aggrieved by the amount of compensation awarded by the LAC vide abovereferred award.
2. As per the reference, a large tract of land measuring 2641 bighas and 3 biswas of village Shahbad LAC no. 1024/16 Page 2 of 9 Daulatpur, Delhi, was acquired by the Government for a public purpose namely Rohini Residential Scheme, Phase IV and V. The notification under Section 4 of The LA Act as mentioned on the index page was issued. The Declaration under Section 6 was made as mentioned on the index page. Thereafter, abovereferred award was announced by the LAC. The LAC determined the market price of the acquired land as Rs.12.16 lacs per acre.
3. The petitioner, being dissatisfied with the market value determined by the LAC, filed the present petition u/s 18 of the LA Act, seeking reference to this court. The LAC forwarded the same to this Court for adjudication.
4. The case of the petitioner is that the petitioner is the bumidhar/absolute owner as well as in cultivatory possession of his share of the land bearing khasra numbers as mentioned in the admitted Statement u/s 19 of L. A. Act, situated within the Revenue Estate of Village Shahbad Daulatpur, Delhi (the said land). The said land was acquired vide notification dated 27101999. The LAC no. 1024/16 Page 3 of 9 petitioner has challenged the said award interalia on the ground of inadequacy of compensation and incorrect assessment of market value of land interalia due to non consideration of relevant factors like potentiality and fertility of the suit land, the surrounding colonies and developed areas, the market value of the adjoining areas/villages, the sale deeds of other lands of the contemporary period, nearness to the National Highway and industrial areas, nonconsideration of the amenities available in the suit land etc.
5. The petitioner has prayed compensation at enhanced rate besides interest thereon and solatium in addition to the compensation.
6. The respondent no.1/the Union of India (UOI)/Land Acquisition Collector and respondent no.2/Delhi Development Authority (DDA) contested the reference petition by filing their respective Written Statements.
7. The petition has been contested mainly on the ground that the LAC awarded adequate compensation to LAC no. 1024/16 Page 4 of 9 the petitioner after taking into consideration all the relevant factors and therefore, LAC has correctly assessed the market value of the land after taking into account the market rates prevailing at the time of notification under Section 4 of LA Act.
8. During admissiondenial of documents, the counsel for petitioner admitted the statement given u/s 19 of the Act. The following issues were framed :
(i) Whether the petitioner is entitled to enhancement compensation, if so, to what amount?
(ii) Relief.
9. In evidence, the petitioner relied upon the evidences led on behalf of petitioner in case titled Hem Chander Malik Vs. UOI.
10. The respondent no.1/Union of India, in its evidence, tendered the award as Ex. R1. The respondent no.2 /Delhi Development Authority adopted the evidence led on behalf of the respondent no.1/ Union of India.
11. I have heard the Ld. Counsels for the parties and have also carefully considered the record. My issuewise findings are given hereinafter.
LAC no. 1024/16 Page 5 of 9 FINDINGS ON ISSUE NO. 1 :
12. Petitioner has contended that valuation of land determined by LAC is not reasonable as LAC has not adopted the correct method of valuation. However, he has not led any evidence to support his contention as to how the LAC was wrong in fixing market value of land. Ld. Counsel for the petitioner has only relied upon the judgment titled as Hem Chander Malik Vs. UOI, LA Appeal no. 358/07 decided on 26092011 (Delhi High Court) and conceded that award be passed in terms of the said judgment and the same enhancement which was granted in the said judgment be also granted to him.
13. In Hem Chander Malik Vs. UOI case (supra), an elaborate and detailed discussion was made before determining the amount of compensation. With respect to the land of the village Shahbad Daulatpur (involved herein), acquired through the same notification (as made herein), the Hon'ble High Court determined the market value of the land as Rs.12,96,455.89/ per acre. Since no different evidence has been led by the petitioner in the LAC no. 1024/16 Page 6 of 9 present case, I have no reason to give a different treatment to the land of the petitioner and to give a determination, different from that determined in the Hem Chander Malik's case (Supra). The fair market value of the acquired land is adjudicated as Rs.12,96,455.89/per acre as determined in Hem Chander Malik's case (Supra). Accordingly, I hold that the petitioner would be entitled to market value @ Rs.12,96,455.89/ per acre.
14. Petitioner has also claimed compensation for crops, tree, tubewell etc. However, the petitioner has failed to lead any evidence to substantiate his claim or to establish that he was not awarded sufficient compensation for same. Accordingly, I hold that petitioner is not entitled to any enhancement in compensation on this count.
15. Besides above, petitioner shall be entitled to other statutory benefits under the LA Act viz. 12% additional amount [as per section 23 (1A)] and 30% solatium [u/s 23 (2)] and will be entitled to interest under Section 28 of L.A Act on the fair market value @ 9% per annum for the first year and @ 15% for subsequent LAC no. 1024/16 Page 7 of 9 year till the making of payment of enhanced compensation by LAC as per provision of Section 28 of the Act. Issue no. 1 is decided accordingly.
16. Findings on Issue No.2 - RELIEF In view of the findings on Issue no.1, the petitioner/s are granted the following reliefs:
i) fair market value @ Rs.12,96,455.89/ per acre for the acquired land as per statement u/s 19 of the LA Act;
ii) additional amount @ 12% per annum on the fair market value u/s 23 (1A) of the LA Act , from the date of notification u/s 4 of the LA Act till the date of award or dispossession, whichever is earlier ;
iii) solatium u/s 23(2) of LA Act @ 30% on the enhanced amount of market value;
iv) interest under Section 28 of L.A Act @ 9% per annum for the first year from the date of dispossession and at the rate of 15% per annum on the difference between the enhanced compensation awarded by this court and the compensation LAC no. 1024/16 Page 8 of 9 awarded by the LAC for the subsequent period till its payment ;
17. The share(s) of the petitioner(s) would be determinable as per the statement u/s 19 of the L.A. Act proved on record and the said statement shall constitute a part of this award.
18. Reference petition stands answered. Parties to bear their own costs. A copy of this award be sent to the LAC for necessary information, action and expeditious compliance for remittance of the amount. File be consigned to record room.
Digitally
signed by
NEERAJ NEERAJ GAUR
Announced in the GAUR
Date:
2019.08.29
Open Court on 29082019 15:09:14
+0530
(NEERAJ GAUR)
ADJ01/North District,
Rohini Courts/Delhi
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