Delhi District Court
Sh. Ved Prakash (Deceased) Through Lrs vs Union Of India on 8 December, 2014
LAC no. 119/14
Ved Prakash (deceased) through LRs v UOI & Another
Village Dhool Siras
Award No.27/200203
IN THE COURT OF SH. RAJ KUMAR TRIPATHI,
ADDITIONAL DISTRICT JUDGE04,
SOUTH WEST DISTRICT, NEW DELHI.
LAC. No. 119/2014
Village Dhool Siras
Award No. : 27/200203
Date of Award: 24.10.2002
Computerized ID No.02405C0309722013
In the matter of:
Sh. Ved Prakash (Deceased) Through LRs
(1) Smt. Vidya Devi,
W/o Late Sh. Ved Prakash
(2) Smt. Rajesh,
W/o Sh. Gurdayal Singh,
D/o Late Sh. Ved Prakash
(3) Ms Ravina,
D/o Late Sh. Ved Prakash
All R/o Village and Post Office Dhool Siras, Delhi.
.....Petitioner
Versus
1. Union of India
Through Land Acquisition Collector,
(South West) D.C. Office
at Old Terminal Tax Building,
Kapashera, New Delhi.
2. Delhi Development Authority
Through its ViceChairman
At Vikas Sadan, I.N.A Market,
New Delhi.
...Respondents
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LAC no. 119/14
Ved Prakash (deceased) through LRs v UOI & Another
Village Dhool Siras
Award No.27/200203
Reference Petition received on : 05.05.2005
Received by way of transfer on : 24.02.2014
Judgment reserved on : 05.12.2014
Decided on : 08.12.2014
J U D G M E N T
This is a reference under Section 18 of The Land Acquisition Act, 1894 (hereinafter referred as 'the Act'). The petitioner had earlier filed a Reference Petition under Section 18 of The Act, wherein he was not held entitled for enhancement of any compensation vide judgment dated 03.09.2007. It is to be noted that in respect of Award no. 27/200203, village Dhool Siras, a reference under Section 3031 of The Act was forwarded to the court by LAC (SW) in the year 2004, for apportionment of land in dispute. In the said Reference Petition, vide judgment dated 27.08.2007 passed by learned predecessor of the court, Gaon Sabha was held entitled for 100% compensation in respect of the acquired land. The petitioner challenged the aforesaid judgment of the Reference Court before Hon'ble High Court of Delhi.
2. Vide order dated 28.08.2008, passed by Hon'ble High 2 of 10 LAC no. 119/14 Ved Prakash (deceased) through LRs v UOI & Another Village Dhool Siras Award No.27/200203 Court of Delhi, the judgment dated 27.08.2007 of the Reference Court was set aside and matter was remanded back for fresh adjudication.
3. On remand of the case, UOI through Ministry of Urban Development and DDA were impleaded as a party in the case as per directions of Hon'ble High Court of Delhi. Additional issue was framed on 26.07.2010. On conclusion of evidence and hearing both the parties, vide judgment dated 30.05.2011, the IP was held entitled for 100% of compensation. The Gaon Sabha was not held entitled for any compensation.
4. The judgment dated 03.09.2007 was passed in the Reference Petition under Section 18 of The Act on the basis of judgment passed in Reference under Section 3031 of The Act. On remand of the case, vide judgment dated 30.05.2011, the petitioner was held entitled for 100% compensation.
5. Consequent upon the aforesaid development, the petitioner filed an application under Section 151 CPC for recalling of order/judgment dated 03.09.2007, passed in LAC No. 115A/2006, for 3 of 10 LAC no. 119/14 Ved Prakash (deceased) through LRs v UOI & Another Village Dhool Siras Award No.27/200203 revival of the Reference Petition. The application of petitioner was allowed by this court vide order dated 19.11.2013. The Reference Petition earlier filed by petitioner was directed to be restored/revived.
6. The Government of NCT Delhi acquired land vide Notification No. F.10(30)/96/L&B/LA/13417 dated 13.12.2000 pertaining to village Dhool Siras for development purposes i.e. Development of Dwarka Phase II, Delhi under Planned Development of Delhi.
7. The petitioner is Asami of the acquired land as mentioned in statement under Section 19 of The L A Act which is extracted below: Name of petitioner Field No. Total Area Date of Kind of & his share Bigha possession Soil Biswa Ved Prakash S/o 13//2 49 20.08.2002 A Rattan Singh
8. The Land Acquisition Collector (in short 'LAC) passed the Award no. 27/200203, dated 24.10.2002, under Section 11 of The Act. The Collector determined the market value of the land under 4 of 10 LAC no. 119/14 Ved Prakash (deceased) through LRs v UOI & Another Village Dhool Siras Award No.27/200203 acquisition @ Rs.13.82 lacs per acre in Block A and @ Rs.12.32 lacs per acre in Block B in addition to other statutory benefits as per provisions of The Act.
9. The Collector categorized the land in two blocks. In Block A, the land was leveled/low lying up to the depth of 1 meter. In Block B, such land was included from which 'top soil' had been excavated beyond 1 meter. Block B comprises of only 86 Bighas and 7 Biswas of land.
10. For determining the market value of the land with reference to the date of notification under Section 4 of the Act, the collector relied upon the indicative price fixed by Govt. of NCT of Delhi for agricultural land in Delhi @ Rs.13,82,000/ per acre as conveyed by the Dy. Secretary (L.A) Land Building Department vide letter No. F9 (20)/80/ L & B / LA/8490 dated 11.09.2001.
11. Aggrieved by market value of the land as determined by the collector, petitioner filed the present Reference Petition for enhancement of compensation.
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12. Notice being issued to respondents, Union of India and DDA appeared and filed their written statement wherein they opposed any enhancement of compensation.
13. On pleadings of the parties, the following issues were settled:
1. What is the market value of the land in reference? OPP
2. Whether the petitioner is entitled to any enhancement, if any and to what extent? OPP
3. Relief.
14. In order to prove the case, Sh. S S Gulia, the counsel for petitioner has tendered in evidence the following documents:
(i) Photocopy of the judgment dated 28.05.2012 passed in case titled as Chandre (since deceased) through LRs v UOI & Another in LAC no. 49/11/05, Ex. P1
15. On behalf of respondent UOI, its counsel Shri S S Dalal, has tendered the Award No. 27/20022003 of Village Dhool Siras as Ex. P1 and the counsel for DDA has adopted the same evidence as led by counsel for UOI.
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16. On 19.11.2014, counsel for petitioner appeared and filed copy of judgment/order dated 13.08.2014, passed by Hon'ble Apex Court in the case titled as 'Impulse India P. Ltd v Union of India & Another' and submitted that the case of petitioner is fully covered by the judgment pronounced by Hon'ble Supreme Court of India. Learned counsel for petitioner heavily relied upon the aforesaid judgment of Hon'ble Apex Court and submitted that petitioner is entitled for enhanced compensation like other petitioners in the said case.
17. I have heard learned counsel for the petitioner, UOI and DDA and have perused the entire record. My finding on the issues are as under:
18. ISSUE NO. 1 & 2 :
(i) What is the market value of the land in reference?
OPP
(ii) Whether the petitioner is entitled to any enhancement, if any, and to what extent? OPP Both the above issues are taken up together as they require appreciation of same set of facts and evidence.
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19. So far as the market value of the land in question is concerned, it is noted that the petitioner has relied upon the judgment of Hon'ble Supreme Court of India in Civil Appeal no. 2091 of 2014 titled as Impulse India P. Ltd v Union of India & Another. Vide said judgment, the market value of the land of village Dhool Siras was held to be Rs. 21,00,000/ per acre for Block A land.
20. The Hon'ble Supreme Court has already considered the evidence and material in case of Impulse India Pvt Ltd (supra) regarding fixation of market value. No evidence showing that the land of petitioner is better than the land involved in the case of 'Impulse India Pvt. Ltd.' has been brought on record by the petitioner. Similarly, no evidence showing that the land of petitioner is inferior in any aspect than the land referred to in case of 'Impulse India Pvt. Ltd.' has been adduced by the respondents.
21. In the case titled as 'Nand Ram v State of Haryana' (reported as JT 1988 (4) SC 260), it was held that if a compensation 8 of 10 LAC no. 119/14 Ved Prakash (deceased) through LRs v UOI & Another Village Dhool Siras Award No.27/200203 amount is already fixed for a land then the same amount of compensation has to be given to the other land owners whose similarly placed land situated adjacent is acquired under the same notification.
22. In view of above, in the present reference, market value of land in question shall be the same as was determined by Hon'ble Supreme Court for Block 'A' land as the land of petitioner in reference under Section 18 of The L A Act has been reflected as Category 'A' land. This answers the issue no. 1 and 2. Petitioner is held to be entitled for enhanced compensation @ Rs.21,00,000/ per acre i.e. an enhancement of Rs.7,18,000/.
23. ISSUE NO. 3 : Relief In view of foregoing discussion, LRs of petitioner is held entitled to the following reliefs: i. Compensation @ Rs. 21,00,000/ per acre i.e. an increase of Rs.7,18,000/ per acre in respect of the land as mentioned in para 7 herein above. ii. Additional amount @ 12% per annum under Section 23(1A) of The Land Acquisition Act, 1894 from the date of notification under Section 4 9 of 10 LAC no. 119/14 Ved Prakash (deceased) through LRs v UOI & Another Village Dhool Siras Award No.27/200203 of the Act till the date of taking over of possession.
iii. Solatium @ 30% on the enhanced compensation under Section 23 (2) of LA Act.
iv. Interest on the entire enhanced amount as per (i) to (iii) above @ 9% per annum for first year from date of taking possession of the land and @ 15% per annum for subsequent period till payment of the amount, as per Section 28 of the Land Acquisition Act. It is clarified that in terms of order dated 19.11.2013, the petitioner is not entitled for interest w.e.f. 03.12.2007 till 23.08.2013.
24. The reference is answered accordingly. Let a copy of the judgment be sent to the LAC (SW) for information and necessary action. Decree sheet be prepared in terms of judgment and file be consigned to record room.
Announced in the open Court (RAJ KUMAR TRIPATHI) on 08th December, 2014 ADDL. DISTRICT JUDGE DWARKA COURTS: NEW DELHI 10 of 10