Delhi District Court
Sh. Rajpal S/O Sh. Bhana Ram vs Union Of India on 31 January, 2011
IN THE COURT OF SH. SANJEEV KUMAR:
ADDITIONAL DISTRICT JUDGE : ROHINI COURTS : DELHI
LAC No. 259A/09
U ID NO. 02404C0096762009
IN RE :
1. SH. RAJPAL S/O SH. BHANA RAM,
2. SH. TRILOK S/O SH. BHANA RAM,
3. SH. PAWAN KUMAR S/O SH. MANGE RAM
4. SH. RAVI DUTT S/O SH. MANGE RAM
5. SH. MANOJ KUMAR S/O SH. MANGE RAM
ALL R/O VPO ALIPUR, DELHI 36
......PETITIONERS
Versus
1. UNION OF INDIA
THROUGH LAND ACQUISITION COLLECTOR,
NORTHWEST, DELHI.
2. DELHI DEVELOPMENT AUTHORITY,
THROUGH ITS VICE CHAIRMAN
VIKAS SADAN, I.N.A. MARKET,
NEW DELHI.
.........RESPONDENTS
Award No. 17/DC(NW)/0405
Village Alipur
Date of Award/ Date of
Announcement of Award : 13.10.2004
Notification U/s 4 F.10(43)/96/L&B/LA/3172
dated 23.05.2002
Declaration U/s 6 F.10(43)/96/L&B/LA/15568
dated 17.12.2002
Declaration U/s 17(1) F.10(43)/96/L&B/LA/
dated 17.12.2002
Date of Receipt of Reference : 28.03.2009
Date on which judgment reserved: 25.01.2011
Date of Decision : 31.01.2011
LAC No. 259A/08 Page 1 of 7
REFERENCE PETITION UNDER SECTION 18 OF THE
LAND ACQUISITION ACT 1894
J U D G M E N T
1. A large tract of land measuring 814 bighas 19 biswas in village Alipur was acquired by the Government for a public purpose namely "Freight Complex (Narela)" under Planned Development of Delhi. Notification u/S 4 of The Land Acquisition Act, 1894 (hereinafter referred to as 'LA Act') was issued on 23.05.2002 and a declaration u/s 6 & 17(1) LA Act was issued on 17.12.2002. The award was announced on 13.10.2004 by the Land Acquisition Collector (hereinafter referred to as "LAC"), determining the market value of the acquired land of village Alipur @ 15.70 lacs per acre. 1.1 The petitioner not being satisfied with the compensation awarded by LAC for his land, challenged the same under section 18 of LA Act, before the LAC, who forwarded the same to this court, for adjudication.
2. The brief facts giving rise to the present reference petition are that petitioner was the owner/bhumidar in possession of land bearing khasra no. 7//20/2 (0
10), 21(416), 22(405), 14//1(416) , 2(405) total land 18 bigha 12 biswa, total measuring 18 bigha 12 biswa situated in the Revenue Estate of Village Alipur, Delhi110081(the said land). The said land was acquired along with other land for public purpose namely Freight Complex (Narela), Delhi under Planned Development of Delhi. The said land was acquired vide award no. 17/0405. The LAC determined the market value of the land at Rs. 15,70,000/ per acre.
3. The petitioners have challenged the said award on the following grounds: LAC No. 259A/08 Page 2 of 7
i) that LAC has assessed the compensation merely on the basis of surmises and conjectures and without looking into actual market rate of land prevailing in the area.
ii) that the land of the petitioners are very fertile and fit for all purposes i.e. Commercial, residential and industrial etc.
iii) that land of the petitioner is surrounded by many prestigious colonies/villages/industries area etc.;
iv) that land of the petitioner have all modern facilities, necessities of life like i.e. telephone, electricity, water connection, public school, Govt. School and most frequently served by DTC, Railway Station and other transportation;
v) that many palatial farm houses are in the close vicinity of the land of petitioner;
vi) that land of the petitioner is very fertile and gives 23 commercial crops in a year;
vii)that LAC had not adopted the correct method of valuation and determined the market value on the basis of policy of the Government of NCT, whereas price of land should have been assessed considering the situation and potentiality of land;
viii)that land of the petitioner is adjacent NarelaAlipur Road, G.T. Road, and very close to Narela DSIDC Project and just near to Narela Railway Station.
4. The petitioner has demanded compensation of his land @ Rs.5,000/ per sq. yard and Rs.1,00,000/ per acre for damages of the crops.
5. Respondents i.e. Union of India (hereinafter referred to as 'UOI') as well as by Delhi Development Authority (hereinafter referred to as "DDA") LAC No. 259A/08 Page 3 of 7 contested the petitioner's claim raising number of usual objections viz. the land in question is not surrounded by any developed or undeveloped colony and can be used only for agriculture ; the compensation as awarded by the LAC, is just and fair.
6. The respondents defended the award and asserted that the compensation granted by the LAC is adequate, just, fair and legal. They contended that the LAC, while making the award, had taken into consideration the market value of the land on the basis of all the documents which were made available and produced before him. He had also taken into consideration the area of the land and other amenities/facilities available thereon, while assessing the compensation, therefore, petition is liable to be dismissed.
7. During admission denial of documents Ld. Counsel for the petitioner has admitted the statement u/s 19 LA Act.
8. On pleadings of the parties, following issues were framed :
1. Whether the petitioner is entitled to any enhancement in the compensation amount, if so, to what amount ?
2. Relief.
9. In order to prove his case, petitioners have not examined any witness only tendered the copy of the judgment passed in case titled as Sohan Pal Vs. UOI LAC No. 167/05 as Ex. P1.
10. The respondents have not led any evidence only tendered the copy of the award as Ex. R1.
LAC No. 259A/08 Page 4 of 7
11. I have heard the Ld. Counsel for the parties and have also carefully considered the record. My issuewise findings are given hereinafter. 12. FINDINGS ON ISSUE NO. 1 12.1 Petitioners have contended that valuation of land determined by LAC is not reasonable as LAC has not adopted the correct method of valuation. However, they have not lead any evidence to support his contention that how the LAC was wrong in fixing market value of land. Ld. Counsel for the petitioners only relied upon the judgment titled as Sohan Pal Vs. UOI (Supra) stated 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. 12.2 I have perused the judgment Sohan Pal Vs. UOI (Supra), which pertains to the same award, same village and same notification by which the land of the present petition is acquired and he is also against the said award.
12.3 In Sohan Pal Vs. UOI (Supra) Ld. ADJ Ms. Poonam A. Bamba has fixed the rate of compensation Rs. 2,15,240 per acre on the basis of policy of government of NCT of Delhi dated 09.08.2001, where by govt. has fixed minimum market value of agricultural land as Rs.15.70 lac per acre, which was effected from 01.04.2001, while giving rise at the rate of 12% for the intervening period between 01.04.2001 to 23.05.2002. Ld. ADJ has granted the enhancement while relying upon judgment of High Court titled as Rameshwar Solanki & another Vs UOI & another, AIR 1995 DELHI 358 wherein escalation at the rate LAC No. 259A/08 Page 5 of 7 of 12% per annum was held to be reasonable to arrive at a fair market value.
12.4 Respondent has not put any evidence to controvert these valuation.
There is nothing which may lead to this court to differ the said valuation fixed in case Sohan Pal Vs. UOI (Supra). Hence, I also enhance compensation to the petitioner Rs.17,85,240/ per acre from Rs.15.70 lac per acre thus giving rise of Rs.2,15,240/ per acre. Issue no. 1 is decided accordingly.
13. RELIEF 13.1 In view of the findings on Issue no.1, the petitioners are entitled to the following reliefs:
(i) Enhancement in the compensation @ Rs.2,15,240/ per acre for his acquired land as per share mentioned in statement under 19 of the L.A Act ;
(ii) Additional amount under Section 23(1A) of L.A Act at the rate of 12% per annum 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 ;
(iii) Solatium under Section 23(2) of L.A Act at the rate of 30% on the enhanced amount of compensation and 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 LAC No. 259A/08 Page 6 of 7 difference between the enhanced compensation awarded by this court and the compensation awarded by the Ld. LAC for the subsequent period till the payment ;
Reference is disposed of accordingly. Decree sheet be prepared accordingly. File be consigned to record room. A copy of the judgment be sent to LAC.
ANNOUNCED IN OPEN COURT (SANJEEV KUMAR)
TODAY i.e. ON 31.01.2011 ADDL. DISTRICT JUDGE01:
ROHINI COURT:DELHI
LAC No. 259A/08 Page 7 of 7