Delhi District Court
Radhey (Dead) Through Lrs vs . Uoi & Ors. on 5 January, 2016
Radhey (dead) through LRs vs. UOI & Ors.
In the Court of Additional District Judge02, South District, Saket Court
Complex, Sixth Floor, Room No. 602, New Delhi.
In the matter of :
LAC No. 186/2011
Unique ID No.02403C0329562009
Sh. Radhey (now deceased) through LRs
a. Smt. Bhagwati Devi, w/o Late Radhey
b. Sh. Suraj Mal Verma, s/o Late Radhey
Both R/o Village & P.O. Chilla Saroda, Delhi91.
c. Smt. Surenderi, w/o Maharaj Singh, d/o Late Radhey
R/o Chhatnora, P.O. Babugarh Chawani, Ghaziabad, U.P.
d. Smt. Harwati, w/o Rajbir Singh, d/o Late Radhey
R/o F15, East Vinod Nagar, Delhi91.
e. Smt. Premwati, w/o Sh. Leelu, d/o Late Radhey
R/o Village Kambaksh Pur Dairy, Noida, U.P. ...Petitioners
Versus
1. Union of India
through Land Acquisition Collector (South)
2. Delhi Development Authority
through its Vice Chairman,
Vikas Sadan, INA, New Delhi. ...Respondents
Reference received from LAC on : 20.10.2009 (LAC no.141/09) Date of institution : 08.02.2011 (LAC no.186/11) Decision reserved on : 15.12.2015 Date of decision : 05.01.2016 LAC No. 186/2011 Page 1 of 10 Radhey (dead) through LRs vs. UOI & Ors.
AWARD (by the Court u/s 26 of the Land Acquisition Act, 1894) 1.1 (Introduction) The petitioner is seeking enhancement of amount of compensation in respect of land acquired, while not agreeing with and accepting the amount offered in Award by the Land Acquisition Collector. Whereas, respondents stand by the Award that amount determined is correct and it represents fair & correct market price.
For deciding the petitioner's reference petition u/s 18 of the Land Acquisition Act, 1894 (in brief the Act, 1894) read with statement u/s 19 of the Act sent by the Land Acquisition Collector, Delhi, the relevant dates, features and facts are given below:
(i) Date of notification U/s 4 of the Act 20.04.1998 (iia) Date of notification U/s 6 of the Act 20.04.1998 (iib) Date of notification U/s 17 of the Act 20.04.1998
(iii) for Project Planned Development of Delhi (iva) Date of possession taken 08.05.1998 (ivb) Location/Name of Village Chak Chilla (va)Award Number U/s 11 of Act by LAC 10/992000 & date of award 31.3.2000 (vb) Area under acquisitionin question (4501) (via) Date of reference petition to LAC 05.03.2008 (vib) Petition referred to Court on 20.10.2009 (vic) Date of statement U/s 19 of the Act 13.10.2009 1.2 Pursuant to preliminary notification under section 4 of the Land Acquisition Act, 1894 (in brief the Act, 1894), followed by declaration under LAC No. 186/2011 Page 2 of 10 Radhey (dead) through LRs vs. UOI & Ors.
sections 6 and 17 of the Act, 1894, the chunk of lands of Village Chak Chilla, Delhi was acquired by Award of the Collector. The petitioner is recorded owner/ bhumidar and land of petitioner was also acquired. All concerned were heard, inclusive of the interested persons applied before Land Acquisition Collector and considering the location of land, the Land Acquisition Collector determined market value of land as Rs. 75,000/ per bigha. Whereas the petitioner had claimed that rate of land was not less than Rs. 50,000/ per square yard. The petitioner preferred the reference petition under section 18 of the Act, 1894 against respondents. The said petition along with statement under section 19 of the Act, 1984 has been sent to the Court by the Land Acquisition Collector to decide the reference (by giving details of acquired land as well as share of petitioner in land besides that he was made payment on 08.02.2008).
Petitioner's case 2.1 Petitioner is not agreeing to the amount offered in the said Award, he filed a reference petition under section 18 of the Act, 1894 before Land Acquisition Collector, Delhi. It was sent to the Court on 20.10.2009. The petitioner seeks enhancement in compensation. 2.2 The petitioner is dissatisfied with the impugned Award of LAC that the market value of the land has not been correctly assessed and awarded, particularly by notification dated 13.11.1959 U/s 4 of Act in respect of Village LAC No. 186/2011 Page 3 of 10 Radhey (dead) through LRs vs. UOI & Ors.
Chak Chilla, the market value was fixed as Rs. 26,000/ per bigha. The court had also determined rate of Rs. 4.65 per acre in respect of Award no. 2 of 199192 of Village Jaitpur. The market value of land of Village Gharoli was determined @ Rs.76,000/ per bigha in 1980, although it is much away from the land in question. Ld LAC failed to consider the potentiality, utility and location of land, since land in question is 57 Km. away from Connaught Place and ITO Complex, New Delhi. The petitioner's land is surrounded by developed and posh colonies such as Mayur Vihar, Patparganj, Akshardham Temple, Kalindi, Maharani Bagh, Friends Colony, Okhla Industrial Area and Jamia University besides NOIDA being largest industrial area is nearby to the land. The DDA has auctioned several plots/ land in its colonies near the land in question in open market at rate of Rs.1,00,000/ per sq. yards to Rs. 2,00,000/ per sq.yds. There is great potentiality for residential colony and commercial complex because of its level as good as provided by DDA. However, these features have been ignored by the Land Acquisition Collector. The land in question is yielding three to four crops in the year, the petitioner has been having handsome income from land. The petitioner alongwith his family has been rendered unemployed. The market value of land is not less than Rs. 50,000/ per square yards on the date of notification but Ld. LAC has undervalued it. The Collector failed to take into LAC No. 186/2011 Page 4 of 10 Radhey (dead) through LRs vs. UOI & Ors.
rehabilitation of petitioner's family because of compulsory acquisition. The compensation paid was without interest, on 8.2.2008 it was taken under protest, otherwise the petitioner had no notice U/s 9, 10 and 12(2) of the Act, 1894. That is why the present.
2.3 During the pending of this petition, the petitioner expired, his Lrs has been brought on record as per proceedings dated 16.02.2010, their names are reflected in array of parties.
Respondents' case
3. The respondent no. 1 filed written statement to the petition but respondent no. 2 failed to file it despite opportunity. The petition is vehemently opposed that it is devoid of merits, since the petitioners have no evidence in support of their claim. The fair, reasonable and adequate market value is always a question of fact depending upon the evidence adduced, circumstantial evidence and probabilities arising in each case and onus of claiming higher compensation is always on the claimant. The market value determined is the correct and optimum value. The petition is false and it has been filed on fictitious grounds, it is liable to be dismissed. Issues 4.1 On 18.02.2014, the following three issues were framed for determination (issue no.1 is reframed as issue no.1A and 1B today) : LAC No. 186/2011 Page 5 of 10 Radhey (dead) through LRs vs. UOI & Ors.
1A. What was the market value of the acquired land as on the date of notification under section 4 of the LA Act ? OPP 1B. To what enhancement in compensation, if any, the petitioner is entitled? OPP
2. Whether the petitioner is entitled for interest U/s 34 of he Land Acquisition Act, on amount of Rs. 94,970/? OPP
3. Relief.
Evidence 4.2 In order to establish the issues the petitioner was given opportunity to lead evidence, the petitioner's LR (b) Shri Suraj Mal entered into witness box for proof of issues, he also tendered judgment dated 19.11.2013 LAC NO. 141/2011, Dhaneshwar & others Vs UOI & DDA ( Ex. PW1/1) of same notification and award and he was cross examined on behalf of Union of India and DDA.
4.3 On 01.12.2015 the respondent no. 2 and on 08.12.2015 the respondent no. 1 have tendered the Award (Ex. R1) given by Land Acquisition Collector, Delhi and then evidence was closed.
Final Hearing
5. At the juncture of final hearing, Sh. R. B. Singh, counsel for petitioner, Sh. I. P. Singh, counsel for UOI/ respondent no. 1 and Sh. P.M. Bhatt, counsel for DDA/ respondent no. 2 advanced their respective submissions. LAC No. 186/2011 Page 6 of 10 Radhey (dead) through LRs vs. UOI & Ors.
Findings 6.1 The contentions are assessed in the light of material on record, provisions of law and the finding given vis a vis case relied upon. Now the issues are taken one by one.
6.2 Issue no. 1A and no.1B Issue no. 1A What was the market value of the acquired land as on the date of notification under section 4 of the LA Act ?OPP Issue no. 1B - To what enhancement in compensation, if any, the petitioner is entitled? OPP The onus to prove both the issues lie on petitioner. On the one side the petitioner is not satisfied with the amount awarded in award Ex. R1 and on the other side respondents opposed the claim that Land Acquisition Collector has awarded the amount after considering, location, potentiality to use the land as well as other relevant factors while determining the compensation.
Both the sides have their reservations, however, in judgment dated 19.11.2013, LAC No. 141/2011, Dhaneshwar & others Vs UOI & DDA (Ex. PW1/1) of Ld. predecessor of same notification and award of said Village, the value of land was determined as Rs. 1,71,784/ per bigha as market value of the land on the date of preliminary notification after considering all aspects. There is no contrary evidence by the respondents. It is settled law that two equals are to be treated equally, the petitioner is not exception to it. LAC No. 186/2011 Page 7 of 10 Radhey (dead) through LRs vs. UOI & Ors.
Therefore, on 20.04.1998 the market value of land was Rs.1,71,784/ per bigha, whereas the market value determined by the Land Acquisition Collector was Rs.75,000/ per bigha. Therefore, petitioner has succeeded to establish issue no.1A in his favour that market value of land was Rs. 1,71,784/ per bigha on the date of preliminary notification and he has also established issue no.1B in his favour that he is entitled for compensation @ Rs. 1,71,784/ per bigha, consequently an amount of Rs.96,784/ per bigha stand enhanced. Both the issues stand determined in favour of petitioner. 6.3 Issue no.2 Issue no. 2 Whether the petitioner is entitled for interest U/s 34 of the Land Acquisition Act, on amount of Rs.94,970/? OPP The onus to prove this issue is on the petitioner. However. The award (Ex. R1) is self explanatory and on last page 3 thereof, there is summary of award, showing interest allowed U/s 34 of the Act, 1894. Hence, the petitioner is also entitled for interest allowed and petitioner's Lrs would entitled to receive it, if not paid to the petitioner. This issue stand disposed off.
6.4.1 Ld. counsel for UOI vehemently stressed that the petitioner could not prove that he took the compensation under protest, therefore, his petition has to be struck down on this sole ground. Whereas, the Ld. counsel for petitioner's LRs opposed this stand, that amount was received LAC No. 186/2011 Page 8 of 10 Radhey (dead) through LRs vs. UOI & Ors.
under protest and immediately after receiving and coming to know about award by Collector, the reference petition filed. 6.4.2 The answer to this question lies in the pleading, that is why no specific issue was framed on this aspect. The para 5 of the petition specifically states that petitioner lifted the compensation amount under protest. However, para 5 of written statement is consolidated reply for entire petition, after preliminary objections no. 1 to 4, which have been narrated in para 3 above. There is no denial nor specific denial of para 5 of the petition. Thus, it would conclude that amount received was under protest. 6.4.3 Moreover, this court inquire, whether any practice is being followed to segregate cases, while releasing the amount under or without protest. As appears from submission, there is no such practice. Issue No. 3 - Relief
7. In view of the findings given on issues no. 1 to 2 above, the petitioner is held entitled for compensation @ Rs.1,71,784/ per bigha by enhancing the compensation from amount of Rs. 75,000/, which was awarded by the Land Acquisition Collector in respect of petitioner's land acquired (as detailed in the statement under section 19 of the Act, 1894); the compensation @ Rs. 96,784/ per bigha stand enhanced; besides 30% solatium under section 23(2) of Act, in lieu of compulsory acquisition of land, interest @ 12% per annum under section 23(1A) from the date of notification upto the date of LAC No. 186/2011 Page 9 of 10 Radhey (dead) through LRs vs. UOI & Ors.
award by LAC or date of taking of possession whichever is earlier; 9% interest on excess amount awarded by court ( the date of possession of land to payment of excess amount in the court, for within one year) and 15% per annum interest on such excess amount for subsequent period of one year till amount is deposited in court. The petitioner's LRs will share the amount equally. The petitioner had received earlier payment on 08.02.2008 of Rs. 94,970/.
8. The reference petition stand answered. Both the sides will bear their own costs. Memo of costs be drawn. A copy of this Award be sent to Land Acquisition Collector, Delhi, for necessary information, action and immediate compliance on his part.
Announced in the open Court (Inder Jeet Singh)
on Tuesday, Pausa 15, Saka 1937 Addl. District Judge02 (South),
Saket, New Delhi / 05.01.2016
LAC No. 186/2011 Page 10 of 10
Radhey (dead) through LRs vs. UOI & Ors.
LAC No. 186/2011
05.01.2016
Present : Sh. R.B. Singh with Ms. Tanika, Advocates for petitioner.
Sh. S.K. Puri, proxy counsel for Sh. I.P. Singh, counsel for UOI. Sh. P.M. Bhatt, counsel for DDA.
While going through the record and evidence of parties, the issue no.1 framed earlier on 08.02.2014 is composite in nature, it would be appropriate to reframe it as issue no.1A and 1B for clarity and to adjudicate effectively, therefore, reframed issues will be read as follows: 1A.What was the market value of the acquired land as on the date of notification under section 4 of the LA Act? OPP 1B. To what enhancement in compensation, if any, the petitioner is entitled? OPP It does not require to put the case to evidence, since a composite issue has been split into two parts.
Vide separate judgment announced today, reference petition stand answered. Both the sides will bear their own costs. Memo of costs be drawn. A copy of this Award be sent to Land Acquisition Collector, Delhi, for necessary information, action and immediate compliance on his part.
(Inder Jeet Singh) ADJ02 (South), Saket New Delhi / 05.01.2016 LAC No. 186/2011 Page 11 of 10