Delhi District Court
Munshi (Deceased) Through Lrs vs Uoi & Another on 3 June, 2015
LAC no.33/2014
Munshi (deceased) through LRs vs UOI & Another
Village Nangli Sakrawati
Award No.13/200809/SW
IN THE COURT OF SH. SATISH CHANDER MALIK,
ADDITIONAL DISTRICT JUDGE04,
SOUTH WEST DISTRICT, NEW DELHI.
LAC. No. :33/2014
Village : Nangli Sakrawati
Award No. : 13/200809/SW
Date of Award: 30.03.2009
Computerized ID no.02405C0330162011
In the matter of:
Sh. Munshi (Now deceased)
1. Sh. Dharamvir
2. Sh. Jai Bhagwan
Both sons of Late Sh. Munshi
R/o Village and Post Office Nangli Sakrawati,
New Delhi.
...Petitioners
Versus
1. Union of India
Through Land Acquisition Collector,
South West District,
Kapashera, New Delhi.
2. Delhi Development Authority
Through its ViceChairman
Vikas Sadan,
New Delhi.
...Respondents
1 of 17
S.C. Malik, ADJ04
SWD Dwarka Courts,
New Delhi/ 03.06.2015
LAC no.33/2014
Munshi (deceased) through LRs vs UOI & Another
Village Nangli Sakrawati
Award No.13/200809/SW
Reference Petition received on : 25.11.2011
Final Arguments heard on : 03.06.2015
Judgment delivered on : 03.06.2015
J U D G M E N T
1. This is a reference under Section 18 of The Land Acquisition Act, 1894 (hereinafter referred as 'the Act'). Vide Notification under Section 4 of the Act dated 07.04.2006 and declaration under Section 6 of the Act dated 04.04.2007, land measuring 144 Bighas 17 Biswas forming part of village Nangli Sakrawati, Delhi was acquired vide the Award under reference for acquisition for Construction of 100 Meter Road Under Planned Development of Delhi.
2. The petitioner was recorded owner of part of the acquired land as mentioned in statement under Section 19 of the Act which is reproduced as herein below mentioned: Name of petitioner Field No. Total Area Kind of Date of & share Bigha Soil possession Biswa Munshi (deceased 9//12/1/1 03 A 10.02.2012 through Lrs) 9//12/2/2 210 2 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW 1/2 share 9//19/1 319 A
3. For determining the market value of the land with reference to the date of Notification under Section 4 of the Act, the Land Acquisition Collector (hereinafter referred to as 'the LAC') relied upon the indicative value fixed by Govt. of National Capital Territory of Delhi (hereinafter referred to as 'GNCTD') for agricultural land in Delhi @ Rs.17,58,400/ per acre as conveyed by the Dy. Secretary (L.A), Land & Building Department of GNCTD vide letter No. F9 (20)/80/L&B/6720 dated 30.08.2005. Therefore, market value of the land under acquisition was determined @ Rs.17,58,400/ per acre or say Rs.3,66,333.33 per bigha by the LAC by passing the award under reference.
4. Aggrieved by market value of his land as determined by the LAC, the petitioner has preferred present reference petition for enhancement of the amount of compensation and the same has been referred to this Court by the LAC for adjudication thereon.
3 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW
5. As per averments made in the reference petition, the LAC has wrongly ignored the registered Sale Deeds of village Nangli Sakrawati, Delhi and also those of adjoining village Dichaon Kalan, Delhi as on the date of Notification under Section 4 of the Act. According to the petitioner the LAC has wrongly assessed the market value of the land on the basis of indicative value of land determined by the government of NCTD by ignoring the facts that all the facilities such as availability of sweet water, telephone, public schools, transportation were already available near the acquired land which is even otherwise near to Dwarka township and had a very high market value of the land as on the date of Notification.
According to the petitioner the land under acquisition can also be very well used for commercial purposes, can fetch a high market value @ Rs.5 crores per acre if sold in open market and that the LAC has failed to appreciate that even Metro Stations Dwarka and Dwarka More are also very near to the acquired land.
4 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW The petitioner claimed compensation @ Rs.13,700/ per sq. yds as per circle rates fixed by the GNCTD with other statutory benefits available under the Act.
6. Respondent No.1 Union of India and Respondent No.2 DDA have placed on record their respective written statements opposing any enhancement of compensation for the acquired land in question. According to them the LAC has already assessed a very just, fair and reasonable market value of land in the Award under reference.
7. On the pleadings of the parties and after hearing learned counsel for the parties, on 02.04.2012 my learned predecessor had framed the following issues:
(i) What was the market value of the land in question at the time of Notification under Section 4 of The L.A. Act?Onus on parties.
(ii) Whether petitioner is entitled to enhancement in compensation, if yes, to what amount? OPP
(iii) Relief.
5 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW
8. In order to prove his case, the petitioner has in all examined as many as six witnesses i.e. One of the LR of petitioner Sh. Jai Bhagwan as PW1, Sh. S K Sharma, Superintendent, L & D O, Ministry of Urban Development, Nirman Bhawan, New Delhi as PW2, Sh. Chander Kant Sharma, LDC, Sub Registrar Office, Kapashera, New Delhi as PW3, Sh. Rajesh Sharma, Halqa Patwari, Village Nangli Sakrawati, Tehsil Dwarka, Delhi as PW4, Sh. Jag Mohan as PW5, Sh. Suresh Kumar Saini as PW6 and thereafter, the petitioner's evidence was closed on 06.01.2014.
On the other hand in the course of their evidence, respondent no. 1 UOI has not examined any witnesses. However, Sh. S S Dalal, Advocate for respondent no. 1 UOI has placed on record certified copies/photocopies of five Sale Deeds from Ex.R2 to Ex.R6 and has placed reliance on the same. Respondent no. 2 DDA has through their counsel Sh. Arvind Gupta admitted and relied upon the evidence tendered by learned counsel for respondent no.1 UOI. Thereafter, at the request of learned counsel for the respondents on 20.03.2014 respondents' evidence was closed.
6 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW
9. PW1 Sh. Jai Bhagwn, one of the LR has tendered in evidence his own affidavit, Ex. PW1/A, as his examination in chief and relied upon seven Sale Deeds from Ex. PW1/1 to Ex. PW1/9.
10. PW2 Sh. S K Sharma, Superintendent, L & DO, Ministry of Urban Development, Nirman Bhawan, New Delhi, has proved on record the Schedule of market rates for residential and commercial sites situated in Delhi for the period 01.04.1998 to 31.03.2000 as PW2/A but the same is not at all relevant in the present case.
11. PW3 Sh. Chander Kant Sharma, LDC, Sub Registrar Office, Kapashera, New Delhi has proved on record sale deed bearing registration no. 15118 in Addl. Book No. 1 Volume no. 2427 pages 49 to 61 registered on 14.11.2005 already exhibited as Ex. PW1/8 and sale deed bearing registration no. 5492 in Addl. Book No. 1 Volume no. 2800 pages 148 to 168 registered on 24.04.2006 already exhibited as Ex. PW1/9.
7 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW
12. PW4 Sh. Rajesh Sharma, Halqa Patwari, Village Nangli Sakrawati, Tehsil Dwarka, has proved on record AksSijra of village Nangli Sakrawati as Ex. PW4/A.
13. PW5 Sh. Jag Mohan, has testified for having sold his agricultural land measuring 9 Bighas and 6 Biswas situated in village Nangli Sakrawati, Delhi for the sale consideration of Rs.48,00,000/ on 24.04.2006 vide sale deed already exhibited as Ex. PW1/9.
14. PW6 Sh. Suresh Kumar Saini, has testified for having sold his agricultural land i.e. 1/3 rd share of land measuring 8 Bighas and 10 Biswas situated in village Nangli Sakrawati, Delhi for a sale consideration of Rs.28,00,000/ on 14.11.2005 vide sale deed already exhibited as Ex. PW1/8.
15. Shri Arvind Gupta, Advocate learned counsel for respondent UOI has tendered in evidence the Award under reference as Ex. R1, certified copies of two Sale Deeds, one dated 25.11.2004 bearing 8 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW registration no. 10555 as Ex. R2 and the other dated 20.10.2006 bearing registration No. 13387 as Ex. R3; photocopies of the certified copies of the Sale Deeds dated 19.01.2005 registration no. 834 as Ex. R4, dated 02.06.2004 bearing registration no. 4133 as Ex. R5 and dated 25.11.2004 bearing registration no. 10554 as Ex. R6, all of village Nangli Sakrawati, Delhi.
16. I have heard learned counsel for the petitioner, Respondent No.1 UOI and Respondent No.2 DDA and have perused the record of this case.
17. During the course of his arguments, Ld Counsel for Respondent No.1 UOI has submitted that none of the Sale Deeds placed on record and relied upon by the petitioner can be taken into consideration. He has also in particular submitted that neither Sale Deed Ex.PW1/8 nor Ex.PW1/9 placed on record and relied upon by the petitioner is trustworthy in as much as Sale Deed Ex.PW1/8 was executed more than four months prior to the date of Notification under Section 4 of 9 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW the Act in respect of a meager portion of land in anticipation of the acquisition in question. According to him, Sale Deed Ex.PW1/9 cannot be relied upon by this Court having been executed after the date of Notification in question. He has also submitted that even otherwise there is a lot of disparity in the rate of sale consideration reflected in the above mentioned two Sale Deeds.
On the other hand, it is submitted by the learned counsel for the petitioner that the submissions made on behalf of UOI are only for the sake of submissions. He has submitted that the arguments of learned counsel for the Union of India in respect of Sale Deed Ex.PW1/8 is not tenable in law as he has failed to prove that the purchaser company under Sale Deed Ex.PW1/8 at all had any other agricultural land in any part of the acquired land. He has also submitted that as a matter of fact it is only Sale Deed Ex.PW1/8 which gives the real market value of the land in question as it was executed nearest to the date of said Notification before the date of Notification in question.
10 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW My issue wise finding are as under: 18. ISSUE NO. 1 What was the market value of the land in question at the time of Notification under Section 4 of The L A Act? Onus on parties AND ISSUE NO. 2:
Whether petitioner is entitled to enhancement in compensation, if yes, to what amount? OPP Both the above issues are taken up together for recording findings thereon as they require appreciation of same set of evidence.
19. Admittedly, the most relevant date for determination of market value of land is date of Notification under Section 4 of the Act which in the instant case is 07.04.2006.
20. In his examination in chief PW1 by way of his affidavit Ex.
PW1/A relied upon nine different Sale Deeds ExPW1/1 to Ex. PW1/9. Out of nine Sale Deeds (from Ex PW1/1 to Ex. PW1/9) relied upon by the 11 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW petitioner, the first two Sale Deeds Ex PW1/1 and Ex. PW1/2 belong to a different village Masoodabad, Delhi and rest of the five Sale Deeds from Ex. PW1/3 to Ex. PW1/7 also belong to a different village Dichaon Kalan and hence, they are discarded from consideration as not belonging to village Nangli Sakrawati, Delhi.
However, the remaining two Sale Deeds relied upon by the, first Ex. PW1/8 dated 14.11.2005 for sale of 1/3rd share in agricultural land measuring 8 Bighas and 10 Biswas for a sum of Rs.28,00,000/ and second Ex. PW1/9 dated 24.04.2006 for sale of agricultural land measuring 9 Bighas and 6 Biswas for a sum of Rs.48,00,000/, for sale of larger pieces of land both belong to the same village Nangli Sakrawati, Delhi and are thus relevant to determination of market value of land in this case.
The submissions made by learned counsel for Respondent No.1 UOI in respect of unreliability of Sale Deeds Ex.PW1/8 and Ex.PW1/9 for reasons given by him are hereby rejected in view of the fact 12 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW that he has failed to prove on record that the purchaser under Sale Deed Ex.PW1/8 at all had any other agricultural land under the acquired land in question so as to make an effort to take undue advantage of Sale Deed Ex.PW1/8. Even otherwise, the same is not for sale of a very small piece of land.
21. On the other hand, although all the five Sale Deeds relied upon by learned counsel for UOI also belong to the same village Nangli Sakrawati, Delhi but out of them, sale deed Ex. R2 is dated 25.11.2004, Ex. R3 is dated 20.10.2006, Ex R4 is dated 19.01.2005 and Ex. R5 is dated 02.06.2004.
Since, Sale Deeds Ex. R2 dated 25.11.2004, Ex R4 dated 19.01.2005 Ex. R5 dated 02.06.2004 and R6 dated 25.11.2004, were executed much prior to the date of Notification under Section 4 of the Act, they are hereby discarded from consideration. Sale deed Ex. R3 dated 20.10.2006 for sale of 1/4th share of land measuring 1 Bigha and 2 Biswas of land situated in the same village for a sum of Rs.1,10,000/ is 13 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW actually for sale of a very small piece of land actually measuring 5.5 biswas only and therefore the same is also discarded in view of settled law on the subject as the same is not in any manner comparable with the bulk of acquired land in question.
22. Now, what remains under consideration are only two Sale Deeds Ex. PW1/8 and Ex. PW1/9 both belonging to the same village Nangli Sakrawati, Delhi, relied upon by the petitioner/PW1. As first of these Sale Deeds Ex.PW1/8 was executed on 14.11.2005, 4 months and 24 days prior to the Notification in question while the second of these Sale Deeds Ex.PW1/9 was executed on 24.04.2006, 17 days after the Notification in question and as they were executed nearest to the date of Notification and are also for larger area of land, both of these Sale Deeds are very relevant to the acquired land and are of vital importance in determining the market value of land in question at the relevant time.
14 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW Sale Deed Ex. PW1/8 dated 14.11.2005 is for sale of 1/3rd share of agricultural land measuring 8 Bighas 10 Biswas for a sum of Rs. 28,00,000/ gives a market value of land @ Rs.49,411.76 rounded of to Rs.49,412/ per biswa or say Rs. 9,88,240/ per bigha or say Rs. 47,43,552/ per acre.
Sale Deed Ex.PW1/9 dated 24.04.2006 is for sale of agricultural land measuring 9 Bighas & 6 Biswas for a sum of Rs.48,00,000/ gives a market value of land @ Rs.25,006.45/ rounded of to Rs.25,006/ per biswa or say Rs.5,16,129.03 rounded of to Rs.5,16,129/ per bigha or say Rs.24,77,419.35 rounded of to Rs.24,77,419/ per acre.
23. As the date of Notification under Section 4 of the Act falls between the dates of execution of Sale Deeds Ex.PW1/8 and Ex. PW1/9, it is just appropriate to take average market value of land on the basis of these two Sale Deeds. The average market value of land that can be so arrived at comes to a sum of Rs.36,10,485/ per acre which in my view 15 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW gives a very just, fair and right indicator of market value of land as on the date of Notification under Section 4 of the Act in this case.
24. In view of the above discussion and the material available on record, I hereby determine the market value of land in question @ Rs.36,10,485/ per acre or say Rs.7,52,184.37P per bigha at the time of Notification under Section 4 of the Act.
The petitioner is entitled to enhancement in compensation accordingly.
Issue No. 1 and 2 are also decided accordingly.
25. Relief In view of the foregoing discussion, the petitioner is held entitled to the following reliefs: i. Enhancement in compensation to Rs.36,10,485/ per acre or say to Rs.7,52,184.37P per Bigha in respect of BlockA land and payment of 16 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015 LAC no.33/2014 Munshi (deceased) through LRs vs UOI & Another Village Nangli Sakrawati Award No.13/200809/SW enhanced compensation accordingly in respect of the land of the petitioner as mentioned in table in para 2 herein above.
ii. Additional amount @ 12% per annum under Section 23(1A) of the Act from the date of Notification under Section 4 of the Act till the date of taking over of possession.
iii. Solatium @ 30% on the enhanced compensation under Section 23 (2) of the Act.
iv. Interest on the entire enhanced amount as per (i),
(ii) and (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 Act.
26. The reference petition stands disposed of and answered accordingly. Let a copy of the judgment be sent to the LAC (SW) for information and necessary action. Decree sheet be prepared accordingly in terms of judgment.
File be consigned to record room.
Dictated & Announced (SATISH CHANDER MALIK) in the open Court ADDL. DISTRICT JUDGE 04,SWD, on 03rd June, 2015 DWARKA COURTS: NEW DELHI 17 of 17 S.C. Malik, ADJ04 SWD Dwarka Courts, New Delhi/ 03.06.2015