Delhi District Court
Sh. Prakash Chander vs Uoi Lac No. 53A/09 on 10 January, 2013
IN THE COURT OF SH. AMIT KUMAR:
ADDITIONAL DISTRICT JUDGE 01: ROHINI COURTS : DELHI
LAC No.665A/08
UID No.02404C0754022008
IN RE :
SH. PRAKASH CHANDER
S/O SH. PARTAP SINGH,
R/O VPO KHERA KHURD,
DELHI
...... PETITIONER
V.
1. UNION OF INDIA THROUGH
LAND ACQUISITION COLLECTOR,
NORTH WEST,
DELHI.
2. DELHI DEVELOPMENT AUTHORITY
VIKAS SADAN, DELHI (DDA).
........RESPONDENTS
Award No. 03/200203
Village KHERA KHURD
Date of Award/ Date of
Announcement of Award 03.04.2002
Notification U/S 4 F.10(29)/96/L&B/LA/11394
dt.27.10.99
Notification U/s 6 F.10(29)/96/L&B/LA/20
dt.03.04.2000
Date of Receipt of Reference : 22.07.2008
Date of Arguments : 19.12.2012
Date of Decision: 10.01.2013
LAC No. 665A/08 Page 1 of 6
REFERENCE PETITION UNDER SECTION 18 OF THE
LAND ACQUISITION ACT 1894
J U D G M E N T
1. Vide this judgment I shall decide the reference u/s 18 of Land Acquisition Act, 1894 (hereinafter called as LA Act), filed by the petitioner for enhancement in compensation of the land bearing khasra no.119(6) (28) total measuring 2 bigha 8 biswas situated in the revenue estate of village Khera Khurd, Delhi.
2. Brief facts of the case are that large tract of Land measuring 345 bigha 02 biswa of village Khera Khurd, Delhi, was acquired by the Govt. for a public purpose namely "Rohini Residential Scheme, phase IV & V". Notification under Section 4 of The Land Acquisition Act, 1894 (hereinafter referred to as 'LA Act') was issued on 27.10.99; Declaration under Section 6 of LA Act was made on 03.04.2000; Thereafter, Award bearing no. 03/200203 was announced by Land Acquisition Collector (hereinafter referred to as LAC) on 03.04.2002. The LAC determined the market price of the acquired land as Rs.12.16 lac per acre.
3. Being aggrieved of the said market value petitioner has challenged the said award on the following grounds :
i) that compensation assessed by the LAC is too low, inadequate, unreasonable and does not represent the true market value of the land;
ii) that LAC has completely ignored the fact that acquired land is surrounded with the areas much higher rates that so assessed by the LAC;
iii) that LAC had failed to consider that acquired land is very fertile and potential as such it gives commercial and was the only source of income of petitioner;
iv) that LAC has ignored the facts that land of the petitioner is LAC No. 665A/08 Page 2 of 6 adjacent to industrial area, village Siraspur etc.;
v) that the land is surrounded by well developed colonies, farm houses, etc. ;
vi) that all civic facilities like road, sewage, electricity, transport, telephone and schools were available to the land ;
4. The petitioner prayed the compensation as under:
a) compensation @ Rs.10,000/ per sq. yards besides solatium 30% and other benefits as per law.
5. The reference petition was contested by Union of India (hereinafter referred to as 'UOI') as well as Delhi Development Authority (hereinafter referred to as "DDA").
6. In the written statement filed on behalf of respondent no. 1/UOI, it is stated that land in question is not surrounded by any developed or under developed colony and can be used for only agricultural purpose. Further it is stated that no structure, tubewell is situated in the land in question and the compensation awarded by the LAC is adequate and just, therefore, petitioner is not entitled for any enhancement in the compensation.
7. From the pleadings of the parties following issues are framed :
1. Whether the petitioner is entitled to enhancement in compensation amount, if so, to what amount?
OPP.
2. Relief.
8. In support of his claim for enhancement of compensation, petitioner has not examined any witness only adopted the evidence led on behalf of petitioner in case Narender Singh Vs. UOI LAC No. 53A/09.
9. On the other hand respondents have not examined any witness and only LAC No. 665A/08 Page 3 of 6 counsel for the UOI tendered the award Ex. R1 and judgment passed in LA Appeal no. 258/07 as Ex. R2.
10. I have heard the arguments and gone through the record. My issue wise findings are as under:
FINDINGS ON ISSUE NO.1 :
11. Petitioner has claimed that LAC has not determined the market value of the his land properly. Though considering the nature and potentiality of his land and the fact that land in and around his land were sold at much exorbitant rate. He should be given at least Rs.10,000/ per sq. yards as market value of his land. Ld. Counsel for the petitioner has relied upon the evidence led on behalf of petitioner in case Narender Singh Vs. UOI LAC No. 53A/09, which pertained to the village Khera Kalan. Narender Singh Vs. UOI was decided by my Ld. Predecessor on the basis of judgment passed by Hon'ble High Court in Jai Singh Vs. UOI.
12. Further Hon'ble High Court in case Hem Chander Mallik V. UOI & Ors.
LA Appeal no. 358/2007 passed judgment dated 26.09.2011. In Hem Chander Mallik case market value of the land of village Shahbad Daulatpur acquired through the notification dated 27.10.99 has been decided.
13. In the said case Hon'ble Judge has maintained the market value determined by Reference Court i.e. Rs.12,96,455 per acre and dismissed the appeal filed by Land Holders. Relevant portion is reproduced below:
"12. The decision highlights that by the year 1997 i.e. LAC No. 665A/08 Page 4 of 6 when w.e.f. 01.04.1997 minimum price determined by the Government was Rs.10,00,000/ per acre, building potentiality impacting the value of agricultural lands in Delhi had already been factored in and thus I hold that pertaining to the notification dated 27.10.1999, the land value determined by the learned Reference Court is court."
14. Since Hem Chander Mallik Vs. UOI case pertain to the village Shahbad Daulatpur, but of the same notification through which the land of petitioner is acquired, therefore, I find no justification to go differently than what Hon'ble Justice has held in said case Hon'ble High Court. Hence, petitioner would be entitled to market value @ Rs.12,96,455.89/ per acre as determined in Hem Chander Mallik (Supra). Otherwise also, if we calculate the market value of the land at the rate fixed by the LAC by giving an enhancement of 11% w.e.f. 01.04.99 i.e. the rate fixed by the government policy @ Rs.12,16,000/ per acre will come to Rs.12,94,027/ per acre as on 27.10.99. Therefore, there is no reason with this court to differ with the price as assessed by Hon'ble High Court in Hem Chander Mallik. Otherwise also, this being a beneficial legislation, the benefits as per judgment of Hon'ble High Court should be given to the petitioner. The rate of the land of the petitioner, therefore, is fixed @ Rs.12,96,455.89/ per acre.
15. Besides above, petitioner shall be entitled to other statutory benefits i.e 12% Addl. Amount as per section 23 (1) A & 30% solatium u/s 23 (2) & will be entitle to interest on the market value @ 9% per annum for the first year & 15% for subsequent year till the making of payment of enhanced LAC No. 665A/08 Page 5 of 6 compensation by LAC as per provision of Section 28 of the Act. Issue no. 1 decided accordingly.
16. ISSUE NO.2 - RELIEF 16.1 In view of the findings on Issue no.1, the petitioner is entitled to the following reliefs:
a) market value of petitioner's land @ Rs.12,96,455.89/ per acre as per statement u/s 19 LA Act ;
b) additional amount u/s 23 (1A) @ 12% p.a., on the market value from the date of notification u/s 4 of the LA Act till the date of award or dispossession, whichever is earlier ;
c) solatium u/s 23(2) of LA Act @ 30% on the enhanced amount of compensation ;
d) interest under Section 28 of L.A Act at the rate of 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 awarded by the LAC for the subsequent period till its payment.
17. Reference is disposed of accordingly. Decree sheet be prepared accordingly. File be consigned to record room.
Announced in the open court (AMIT KUMAR)
today on 10.01.2013 ADDITIONAL DISTRICT JUDGE01:
DELHI
LAC No. 665A/08 Page 6 of 6