Delhi District Court
Jogender Singh vs Lac No. 04/15 Jogender Singh & Ors. Vs. ... on 2 September, 2016
IN THE COURT OF SH. SANJAY KUMAR, ADDITIONAL
DISTRICT JUDGE-02, WEST, DELHI.
LAC No.4/15
New No. LAC -232/16
Area: Bakkarwala
Award No.: 12/1995-96 dated 30.10.1995
1. Jogender Singh
S/o Sh. Daryao Singh
2. Bijender Singh @ Virender Singh
S/o Sh. Daryao Singh
3. Jai Prakash (deceased) through LRs:
(i). Daryao Singh (Father)
S/o Rattan Singh
(ii). Chander @ Chandro (Mother)
W/o Sh. Daryao Singh
4. Vijay Kumar (Deceased) through LRs:
(i). Smt. Rajbala @ Bala
W/o Late Vijay Kumar
(ii). Neetu Singh
D/o Late Vijay Kumar
(iii). Parveen
S/o Late Vijay Kumar
5. Surender Singh
S/o Sh. Daryao Singh
6. Mukesh Kumar
S/o Sh. Daryao Singh
All resident of Village Bakkarwala,
Delhi-110041. ...Petitioners
versus
LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 1/10
1. Union of India,
Through Land Acquisition Collector,
(District West) Office at D.C. Office,
Rampura, Delhi-35.
2. Delhi Development Authority
Through its Vice-Chairman,
Vikas Bhawan, I.N.A. Market,
Delhi. .....Respondents
Date of institution of the case : 02.07.2015
Date of reserving of judgment : 01.09.2016
Date of pronouncement of judgment : 02.09.2016
(Reference under Section 18 of Land Acquisition Act)
JUDGMENT
1. The Government of NCT of Delhi acquired total land measuring 1035 Bigha and 12 Biswa under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act') vide notification no. F.10 (47)/92-L&B/LA/25757-82 dated 15.10.1993 also under Section 6 vide notification no. F.10 (47)/92-L&B/LA/21239 dated 12.10.1994. In view of the urgency of the scheme, the provisions of Section 17 (i) of the Act were also made applicable to this land. The land was acquired for the purpose of Water Treatment Plant for Dwarka Project.
2. The Land Acquisition Collector (hereinafter referred to as 'the Collector') passed award no. 12/1995-96 dated 30.10.1995 under Section 11 of the Act. The Collector determined the market value of the land under acquisition @ Rs.4.65 lacs per acre i.e. Rs.96,875/- per Bigha.
LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 2/10
3. According to statement of Section 19 of the Act filed by the Collector petitioners were shown as recorded owner of the acquired land.
Item No. Name of recorded Khasra No. Details of trees/
of NM owner & share Buildings/ Crops
141 Daryao Singh S/o 17//22 (4-16) As per Award
Rattan 34//18 (4-16)
1/6 share 34//19 (4-16)
34//20 (4-16)
34//21 (4-16)
34//22 (4-16)
34//23 (4-16)
49//1/1 (4-0)
49//2/1 (4-4)
49//3/1 (4-4)
50//5/1 (0-16)
50//5/3 (3-0)
50//5/4/1(0-4)
Total: 50 Bigha
4. The petitioner filed the reference under Section 18 of the Act against the findings and determination of the market value of the land/property made by the Land Acquisition Collector, West has been referred to the reference court.
5. In brief the facts stated are that the land of the petitioners bearing Khasra No. 17//22 (4-16), 34//18 (4-16), 34//19 (4-16), 34//20 (4-16), 34/21 (4-16), 34//22 (4-16), 34//23 (4-16), 49//1/1 (4-0), 49//2/1 (4-4), 49//3/1 (4-4), 50//5/1 (0-16), 50///5/3 (3-0), 50//5/4/1 (0-4) situated in the revenue estate of village Bakkarwala having 1/18 share each has been acquired under the Award in question.
LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 3/10
6. It is stated that the petitioner has not accepted the award in respect of the compensation and market value of the land as determined by the Collector. It is stated that the land of the petitioner has got potential value as building site and the same has been surrounded by the Nangloi Residential colony, Industrial area of village Mundka, Industrial area of Nangloi and the biggest colony of Asia, namely, Janakpuri is very adjacent to the land of the petitioner and the same has been surrounded by the residential colony Paschim Vihar and Rohini residential colony. The marketable value of the land of Nangloi is more than Rs.5000/- per sq. yards and the marketable value in Paschim Vihar residential colony is more than Rs.10,000/- per sq. yd. and the land of the petitioner is very adjacent to Nangloi colony and Paschim Vihar colony, so the marketable value of the land of the petitioners is more than Rs.4000/- per sq. yards.
7. It is stated that the land of the petitioners is on two roads, namely, Najafgarh Road and Hiran Kudna Road and is very adjacent to Rohtak Road. The land of the petitioner is quite adjacent to abadi area of village Bakkarwala and he marketable value of the land in abadi area of village Bakkarwala is more than Rs.7000/- per sq. yds. The land of the petitioner is also surrounded by some other colonies which are situated in the revenue estate of village Bakkarwala, Nangloi, village Mundka and Kamruddin Nagar, where the marketable value of the land is more than Rs.15000/- per sq. yds.
LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 4/10
8. It is stated that the Govt. of India has fixed the rate of agricultural land in Delhi @ Rs.4,65,000/- per acre in the year 1990 which is less from the actual price of the land in the year 1990 of the land in Delhi and in the said case the notification of the land of the petitioner is after 1990 and about 5 years later the marketable value of the land increased 3-4 times according to the rates fixed by Govt. of India in the year 1990.
9. It is stated that the land of the petitioner in revenue estate of village Bakkarwala is fully developed and has all modern facilities/necessities of life since long. It is stated that there are facilities of irrigation of the land through sweet water and 2/3 crops in a year can be obtained easily from the land of the petitioner.
10. It is stated that the Delhi Development Authority with approval of the Govt. of India, Ministry of Urban Development has issued the guidelines, circular showing the statements of market rates for charging unearned increasing for the colonies under the control of DDA yearwise for the year of 1991 such rates in Paschim Vihar, Janakpuri, Rohini was more than Rs.6000/- per sq. yards which incrase the marketable value of the land of the petitioner and it is a matter of fact that DDA has increased the rates of alternative plots Rs.750/- per sq. yards to Rs.2150/- per sq. yards.
11. The petitioners seek value of the land at the rate of Rs.2000/- per sq. yards; solatium 30%; alternative plot and interest as per the L.A. Act.
LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 5/10
12. Respondent no.1/ Union of India filed its written statement and taken the preliminary objections that the petition is not maintainable. The Collector has already assessed the market value of the land in question taking into consideration the prevailing market rates of the land at the time of notification under Section 4 of the Act. The correctness of the Khasra numbers, their area and the extent of the share of the petitioners therein are admitted only to the extent as specified by the Collector in statement under Section 19 of the Act. It is stated that as per records, Sh.Daryao Singh son of Sh. Rattan has been shown as recorded owner with respect to the land measuring 50 Bighas as detailed in the statement under Section 19 of the Act. On merits, the averments made in the petition are denied as wrong. It is stated that the petitioners are not entitled to any enhancement of compensation or any kind of damages taking into consideration the entire facts and circumstances of the present case.
13. Respondent no.2/ DDA also filed its written statement and taken the preliminary objections that under the award No. 12/95-96 vide notification under Section 4 acquired the Khasra Nos. 17/22 (4-16), 34/18 (4-16), 19 (4-
16), 20 (4-16), 21 (4-16), 22 (4-16), 23 (4-16) of village Bakkarwala, Delhi. It is stated that on 09.02.1995, LAC/L &B has given the above said Khasra numbers to DDA but the Khasra Nos. 39/1/1 (400), 2/1 (4-4), 3/1 (4-4), 5/1 (0-16), 5/3 (3-0), 5/4/1 0-04 of Village Bakkarwala, Delhi have not been acquired for DDA.
LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 6/10
14. It is stated that the Collector has already assessed the sufficient/reasonable compensation amount as per the market value as was prevailing at the time of notification under Section 4 against the acquired property in question. On merits, the averments made in the petition are denied as wrong.
15. On the basis of pleadings of the parties, vide order dated 26.05.2016, the following issues were framed:
1. What was the market value fo the land in question on the date of notification u/s 4 of the Land Acquisition Act? OPP
2. Whether the petitioner is entitled for enhancement of the compensation in respect of land and if so, at what rate? OPP
3. Relief.
16. Petitioners got examined PW1 Sh. Bijender Singh @ Virender Singh, who tendered his affidavit as Ex. PW1/A and proved on record certified copy of L. Appeal No. 189- 91/2006 titled as 'Jai Singh & Others vs. Union of India and Others as Ex. P1. Thereafter, as per separate statement Sh.Bijedner Singh @ Virender Singh, petitioner no.2 closed the evidence on behalf of all the petitioners.
17. Sh. S.S. Mittal, Counsel for the respondent no.1/ Union of India tendered in evidence copy of award in question as Ex. R-1 and closed evidence on behalf of respondent no.1.
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18. Ms. Deepti Dogra, Counsel for the respondent no.2/ DDA adopted the evidence led by respondent no.1 and closed the evidence on behalf of respondent no.2.
19. I have heard Sh. D.S. Lakra, Counsel for the petitioner, Sh. S.S. Mittal, Counsel for the respondent no.1/UOI and Ms. Deepti Dogra, Counsel for the respondent no.2/DDA and perused the material on record. My issue wise findings are as under:
ISSUE Nos.1 & 220. The Ld. Counsel for the petitioners submits that the present award no. 12/95-96 has been decided by the Hon'ble High Court in LA Appeal no. 189-91/2006 titled as 'Jai Singh & others vs. Union of India & others'. The petitioners have relied and exhibited the same as Ex. P1. Therefore, the fair market price determined may be granted to the petitioners. Ld. Counsel for the respondents Sh. S.S. Mittal and Ms. Deepti Dogra also not disputed the submissions made by Ld. Counsel for the petitioners. Hence, in these circumstances, law is well settled that the market value already determined is applicable in the present case as well. Reliance is also placed on 'Nand Ram & others vs. State of Haryana' JT 1988 (4) SC 260.
21. In view of the above observations and discussion, petitioners are entitled to fair market value of the compensation @ Rs.1,32,000/- per Bigha along with interest and other statutory benefits as available under Section 23 (1- LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 8/10 A) of the Act in accordance with law. Thus petitioners are entitled to enhancement of compensation of Rs.35,125/- (Rupees thirty five thousand one hundred twenty five only). Besides petitioner is entitled for solitium @ 30% and additional amount under Section 23 (1-A) @ 12% per annum from the date of notification under Section 4 of the Act till the Award or taking over of possession which ever is earlier on the market price. The petitioners are also entitled for interest @ 9% per annum for one year on the enhanced amount from the date of award or taking over possession of land which ever is earlier, thereafter they are entitled to interest @ 15% per annum till compensation is paid. However, petitioner is not entitled to interest @ 15% p.a. from 25.05.2006 to 28.04.2015 because petitioners slept over the rights when all the references were forwarded to the court and decided by the court in the year 2005 and ultimately decided by the Hon'ble High Court in the year 2006. Therefore, public exchequer cannot be burdened and petitioner is allowed to enrich on his own delay for about 9 years.
Issue no. 1 & 2 are accordingly decided in favour of the petitioners and against the respondents.
ISSUE NO. 3 (RELIEF)
22. In view of my discussion on the issue nos. 1 & 2, it is held that petitioners are entitled to fair market value of the compensation @ Rs.1,32,000/- per Bigha along with interest and other statutory benefits as available under Section 23 (1- A) of the Act in accordance with law. Thus petitioners are entitled to enhancement of compensation of Rs.35,125/- (Rupees thirty five thousand one hundred twenty five only). Besides petitioner is entitled for solitium @ 30% and LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 9/10 additional amount under Section 23 (1-A) @ 12% per annum from the date of notification under Section 4 of the Act till the Award or taking over of possession which ever is earlier on the market price. The petitioners are also entitled for interest @ 9% per annum for one year on the enhanced amount from the date of award or taking over possession of land which ever is earlier, thereafter they are entitled to interest @ 15% per annum till compensation is paid. However, petitioner is not entitled to interest @ 15% p.a. from 25.05.2006 to 28.04.2015 because petitioners slept over the rights when all the references were forwarded to the court and decided by the court in the year 2005 and ultimately decided by the Hon'ble High Court in the year 2006. Therefore, public exchequer cannot be burdened and petitioner is allowed to enrich on his own delay for about 9 years. Any amount already paid under particular heads has to be deducted. The reference is answered accordingly.
23. Copy of this judgment be sent to LAC for reference and calculating the amount to be paid to the petitioners and same be sent to this court within three months.
24. Decree sheet be prepared accordingly.
25. File be consigned to Record Room.
Announced in the open court today the 2nd September, 2016.
(Sanjay Kumar) ADJ-02,West/Delhi 02.09.2016 LAC No. 04/15 Jogender Singh & Ors. vs. UOI & Anr. 10/10