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Delhi District Court

Asha Ram vs . Uoi on 21 August, 2007

                                   -: 1 :-                 LAC NO.63/94
                                                        Asha Ram Vs. UOI



  IN THE COURT OF A.K.MENDIRATTA : ADDITIONAL
            DISTRICT JUDGE : DELHI :

LAC No. 63/94
1. Shri Asha Ram (Deceased) Through LR's
1 (a) Shri Subhas Anhal S/o Late Shri Asha Ram
R/o Village Jasola, Delhi.

1 (b) Shri Randhawa Singh S/o Late Shri Asha Ram
1 (c) Shri Sube Singh S/o Late Shri Asha Ram

Both R/o Village Palla Mazra, Delhi.

1 (d) Smt. Krishna Devi W/o Shri Ramphal
D/o Late Shri Asha Ram R/o Village - Khurampur,
Distt. Sonepat (Haryana).

1 (e) Smt. Saroj W/o Shri Kanwar Jeet
D/o Late Shri Asha Ram
R/o Vill & P.O. Datawali Distt. Meerut (U.P.)

1(f) Smt. Raj Bala W/o Sh. Jaswant Singh
D/o Late Shri Asha Ram
R/o Vill & P.O. Aterna Distt. Meerut (U.P.)

1(g) Smt. Shanti W/o Sh. Mahipal
D/o Late Shri Asha Ram
R/o Vill & P.O. Kharhera Distt. Ghaziabad (U.P.)

2. Smt. Chander Wati (Deased) Through LR's

2(a) Sh. Subhas Anhal S/o Late Sh. Asha Ram
R/o Village Jasola, Delhi.


                                                   ............Petitioners

                              Versus

1. Union of India
   Through Land Acquisition Collector
   Office at Saket, New Delhi.

2. Delhi Development Authority
   Through its Vice Chairman,
   INA Market, Vikas Sadan, New Delhi.
                                                ..............Respondents

                                                                 Contd.....
                                      -: 2 :-                LAC NO.63/94
                                                         Asha Ram Vs. UOI




             Village                              : Jasola
             Date of Notification u/s 4           : 06.4.64
             Date of Award No.6-D/Supp./1986-87 : 19.9.86
             Date of Institution                 : 25.07.94
             Date of which Judgment is reserved for : 21.08.07
             Date of which Judgment is Announced: 21.08.07


J U D G M E N T :

-

Petitioners land situated in village Jasola, Delhi, details whereof have been mentioned in the statement under section 19 of the Land Acquisition Act ( herein after to be referred as the Act) was acquired by the government for planned development of Delhi. Notification under section 4 of the Act was issued on 06.4.1964 which was followed by a declaration under section 6 of the said Act dated 7.12.66. Vide award no. 6-D/Supplementary/1986-87, Land Acquisition Collector (LAC) fixed the market value of the acquired land in village Jasola, New Delhi at Rs.11000/- per bigha.

2. Dis-satisfied by the land rates fixed by the LAC, petitioners preferred a reference petition under section 18 of the Act before the LAC who in turn forwarded the same to this reference court for fixing the just and fair market value of the acquired land.

The case of the petitioners is that LAC erred in assessing market rate of the land since the land was fertile quite levelled and yielded 2/3 crops in the year. The land is further stated to be situated Contd.....

Asha Ram Vs. UOI on main Mathura Road and suitable for commercial and industrial purpose. It was further claimed that land was provided with essential amenities of life like road, electricity, transportation etc. and surrounded by well developed colonies of Nehru Place, Kalkaji and Okhla Industrial Estate. Market value of the land was claimed to be not less than Rs.500/- per square yard and compensation was accordingly claimed with damages to the tune of Rs.1,000/- per bigha.

3. In the written statement filed on behalf of the UOI it was submitted that the land is not surrounded by any developed or undeveloped colony. It was further averred that the land could only be used for agricultural purposes and was covered by the provisions of Delhi Land Reforms Act. Further no claim is stated to have been filed by petitioners in response to notices under Sections 9 & 10 of the LA Act.

Similar stand was adopted by DDA in the written statement.

4. On the pleadings of the parties following issues were framed :-

ISSUES

1. What was the market value of the acquired land on the date of issuance of Contd.....

Asha Ram Vs. UOI notification u/s 4 of the LA Act?

2. To what enhancement in compensation, if any are the petitioners entitled ?

3. Relief.

5. Petitioners in support of their case relied upon the judgment passed by the Hon'ble High Court in RFA No. 7/88 entitled Babu Lal & Others Vs. UOI. The Hon'ble High Court therein assessed the market value of the land notified under Section 4 of the Act on 06/04/1964 in village Jasola at the rate of Rs.28,000/- per bigha.

6. Respondents in support of their case relied upon the award in question which was exhibited as Ex. R-1.

7. I have heard Counsel for the petitioners, Counsel for the respondents and perused the record. My issue wise findings are as under :-

8. ISSUE NO. 1 & 2 : Both the issues are decided together being interrelated. Perusal of Ex.P1 reveals that the market value of the land in village Jasola acquired pursuant to notification u/s 4 of the Act dated 6.4.64 was fixed by Hon'ble High Court @ Rs.28,000/- per bigha. Notification u/s 4 of the Act in the Contd.....

Asha Ram Vs. UOI present case is of the same date and there is no reason as to why the said rates be not awarded to the petitioners. No contrary evidence has been led by the respondent on record. There is nothing on record to show that the land of the petitioner is inferior than the land involved in Ex.P1. Accordingly, I am of the view that petitioners are entitled to the compensation @ Rs.28,000/- per bigha. Since the LAC has awarded the rate @ Rs.11000/- per bigha, petitioners are entitled to enhanced rate to the extent of Rs.17000/- per bigha. Both the issues are decided accordingly.

9. RELIEF: In view of my findings on issue no.1 & 2 above, the market value of the acquired land is fixed at Rs.28,000/- per bigha. Besides this petitioner will also get 30% solatium on the market value of land fixed in this case. Petitioner shall also be entitled to interest on the enhanced amount/compensation awarded by this court u/s 28 @ 9% per annum from the date of award or dispossession whichever is earlier till the expiry of one year and thereafter @ 15% per annum till payment. Petitioner shall further be entitled to additional amount of 12% on the market value fixed in this case under section 23(1A) of the Act from the date of notification under section 4 of the Act till the date of dispossession or award whichever is earlier. Petitioner is further entitled to interest on solatium and additional amount in terms of judgment of Hon'ble Apex Court entitled Sunder vs UOI reported in DLT 2001 (SC) Contd.....

Asha Ram Vs. UOI

569. The petition stands disposed of accordingly.

10. It may be mentioned that vide order dated 10.09.98, it was held that the petitioners shall not be entitled to interest on the amount of compensation for the period from 12.05.97 to 10.10.97 since the reference has been dismissed on account of non appearance of the petitioners. The petitioners shall be accordingly not entitled to interest for the aforesaid period.

11. A copy of this judgment be sent to the Land Acquisition Collector for information and for making arrangement to remit the decreetal amount in court within the stipulated period. File be consigned to record room.

Announced in open court               (A.K.MENDIRATTA)
Dated : 21.08.07                    ADDL. DISTRICT JUDGE
                                            DELHI




                                                               Contd.....
 -: 7 :-      LAC NO.63/94
          Asha Ram Vs. UOI




                  Contd.....