Delhi District Court
Shiv Kumar vs Uoi (Khampur Raya) on 17 August, 2023
BEFORE
Dr. AJAY GULATI
ADDL. DISTT. JUDGE-02
WEST, DELHI
LAC No. 218/16
CNR No. DLWT01-002358-2015
1. Sh.Shiv Kumar S/o Sh.Ram Kishan
2. Sh.Naveen Kumar S/o Sh.Ram Kishan
3. Sh.Jaswant Singh S/o Sh.Ram Sawroop,
R/o Village & P.O. Teda,
Tehsil Baraut, Distt. Baghpat (UP)
4. Sh.Raj Singh S/o Sh.Ram Sawroop
R/o Village & P.O. Teda,
Tehsil Baraut, Distt. Baghpat (UP)
5. Smt.Raj Bala @ Bala W/o Sh.Kishan Chand
D/o Sh.Ram Sawroop
Dead & Represented by LRs namely:
(a). Sh.Sanjiv,
S/o Late Sh.Kishan Chand
R/o WZ1592A, Bhoop Singh Gali,
Nangal Raya, New Delhi110046
(b). Smt.Anju Verma,
D/o Late Sh.Kishan Chand
W/o Sh.Virendra Singh
R/o WZ340/A, Raj Nagar Part2,
Palam Colony, Delhi110077.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 1 of 37
(c). Smt.Sneh Lata
D/o Late Sh.Kishan Chand
W/o Sh.Jitendra Kataria
R/o H.No.17, Gali No.21B,
Molarband Extn., Badarpur, Delhi110044.
(d). Smt.Sushma Tanwar
D/o Late Sh.Kishan Chand
W/o Sh.Rajeev Kumar
R/o WZ1592A, Nangal Raya,
New Delhi110046
(LRs were brought on record vide Order dated 19.07.2019)
6. Smt.Bimla W/o Sh.Amar singh
D/o Sh.Ram Sawroop
R/o Village & P.O.Tatiri
Distt. Baghpat (UP)
7. Smt.Kamla W/o Sh.Rajender Singh Tanwar
D/o Sh.Ram Sawroop
R/o WZ1263, Nangal Raya
New Delhi110046
8. Smt.Kailash Wati W/o Sh.Raj Pal
D/o Sh.Ram Sawroop
R/o Village & P.O. Badke
Tehsil Baraut, Distt. Baghpat (UP)
9. Sh.Shayam Singh S/o Sh.Lachhu
R/o RZA/41, Jeevan Park,
Uttam Nagar, New Delhi110059
Dead & Represented through LRs namely:
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 2 of 37
(a). Sh.Bhopal Singh
(b). Sh.Mukesh Kumar
Both sons of Late Sh.Shyam Singh S/o Late Sh.Lachchhu and
Smt.Kala.
(c). Sh.Shivam,
S/o Late Sh.Satbir Singh
Predeceased son of Sh.Shyam Singh,
All residents of RZA41, Jeevan Park, New Delhi.
D. Smt.Manju W/o Sh.Ashok Kumar,
D/o Late Sh.Shyam Singh
R/o WZ61 Village Titar Pur,
New Delhi110027.
E. Smt.Minakshi,
W/o Sh.Nitin Kumar,
D/o Late Sh.Satbir Singh,
Predeceased son of Sh.Shyam Singh,
R/o WZ24, Village Titar Pur,
New Delhi110027
F. Smt.Charu,
W/o Sh.Pawan Kumar,
D/o Late Sh.Satbir Singh,
Predeceased son of Sh.Shyam Singh,
R/o B17, Madhu Vihar,
Gali No.1, Som Bazar Chowk,
New Delhi110059
G. Ms.Megha
D/o Late Sh.Satbir Singh,
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 3 of 37
Predeceased son of Sh.Shyam Singh,
R/o RZA41, Jeevan Park,
New Delhi
H. Smt.Shobha,
Wd/o Late Sh.Satbir Singh,
Predeceased son of Sh.Shyam Singh
R/o RZA41, Jeevan Park,
New Delhi
(LRs brought on record vide Order dated 19.11.2015)
10. Sh.Gopi Chand S/o Sh.Lachhu
R/o RZA/41, Jeevan park,
Uttam Nagar, New Delhi110059
11. Sh.Ravi Kiran S/o Sh.Jai Bhagwan
Dead & Represented by LRs:
(a). Smt.Deepali,
Wd/o Late Sh.Ravi Kiran
(b). Sh.Rahul Kumar,
S/o Late Sh.Ravi Kiran
(c). Ms. Priyanka,
D/o Late Sh.Ravi Kiran
(d). Ms.Kajal,
D/o Late Sh.Ravi Kiran
All residents of WZ152, Village Khampur, West Patel Nagar, New
Delhi110008.
(LRs brought on record vide Order dated 23.02.2017)
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 4 of 37
12. Sh.Suraj Prakash S/o Sh.Charan Singh
13. Sh.Tej Prakash S/o Sh.Charan Singh
Dead & Represented by LRs namely:
(a). Smt.Meena Chauhan
Wd/o Late Sh.Tej Parkash Chauhan
R/o WZ189/E1, Khampur Village
New Delhi110008.
(b). Sh.Varun Chauhan
S/o Late Sh.Tej Parkash Chauhan
R/o WZ189/E1, Khampur Village
New Delhi110008.
(c). Smt.Neha Chauhan
D/o Late Sh.Tej Parkash Chauhan
R/o 63A/49, Kirti Nagar, Defence Colony,
Agra (UP)282001.
(LRs brought on record vide Order dated 31.03.2021)
14. Sh.Chander Prakash S/o Sh.Charan singh
15. Sh.Ram Kumar S/o Sh.Charan Singh
16. Sh.Raj Kumar S/o Sh.Charan Singh
17. Sh.Sudheer Kumar S/o Sh.Pratap Singh
Dead & Represented through LRs Namely
(a). Smt.Babita
Wd/o Late Sh.Sudhir Kumar
R/o WZ154, Khampur, West Patel Nagar
New Delhi110008
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 5 of 37
(b). Sh.Jatin Chauhan
S/o Late Sh.Sudhir Kumar
R/o WZ154, Khampur, West Patel Nagar
New Delhi110008
(LRs were brought on record vide Order dated 23.03.2022)
18. Sh.Rajesh Kumar S/o Sh.Pratap Singh
19. Smt.Bala Wd/o Sh.Pratap Singh
20. Sh.Ramesh Chand S/o Sh.Raja Ram
Dead & Represented by LRs namely:
(a). Smt.Ram Kali
Wd/o Late Sh.Ramesh Chand
R/o H.No.13B, Street No.8,
Bank Colony, Mandoli,
Delhi110093
(b). Sh.Trilok Chand Chauhan
S/o Late Sh.Ramesh Chand
R/o H.No.123, Street No.9,
Bank Colony, Mandoli,
Delhi110093
(c). Sh.Jitender Kumar Chauhan
S/o Late Sh.Ramesh Chand
R/o H.No.13B, Street No.8,
Bank Colony, Mandoli,
Delhi110093
(d). Sh.Deepak Chauhan
S/o Late Sh.Ramesh Chand
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 6 of 37
R/o A48, Naveen Place, Kali Pyau,
Jharoda Road, Najafgarh, Delhi110043
(e). Smt.Krishna Devi
D/o Late Sh.Ramesh Chand
W/o Sh.Sushil Kumar
R/o WP470, Wazir Pur Village,
Delhi110052.
(f). Smt.Shakuntala Devi,
D/o Late Sh.Ramesh Chand
W/o Sh.Udey Veer Singh
R/o Plot No.15, PhaseI, II & III
Shivani Enclave, Kakraula Village,
Delhi110078.
(g). Smt.Satya Devi
D/o Late Sh.Ramesh Chand
W/o Sh.Arun Kumar
R/o H.No.9476/8, Tokri Walan,
Sadar Bazar, Delhi.
(LRs brought on record vide Order dated 23.02.2017)
21. Sh.Phool Singh S/o Sh.Khushal
Dead & Represented through LRs namely:
(a). Smt.Kartari Devi,
Wd/o Late Sh.Phool Singh
(b). Sh.Ashok Chauhan,
S/o Late Sh.Phool Singh
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 7 of 37
(c). Sh.Vikarm Chauhan
S/o Late Sh.Phool Singh
(d). Ms.Aruna,
D/o Late Sh.Phool Singh
All residents of H.No.WZ188, Village Khampur Raya, New Delhi
110008.
(e). Sh.Raj Kumar Chauhan,
S/o Late Sh.Phool Singh
(f) (i). Sh.Shekhar Chauhan,
(f) (ii). Sh.Shubankar Chauhan,
Both Sons of Sh.Ram Kumar & Grandson of Late Sh.Phool Singh.
All residents of H.No.WZ150A, Village Khampur Raya, New
Delhi110008)
(LRs were brought on record vide Order dated 08.12.2022)
22. Smt.Usha Wd/o Sh.Zile Singh
23. Sh.Munish S/o Sh.Zile Singh
24. Sh.Ashish Kumar S/o Sh.Zile Singh
25. Sh.Ram Singh S/o Sh.Nihal
Dead & Represented by LRs namely:
(a). Sh.Sushil Kumar
S/o Late Sh.Ram Singh
R/o S82, Vijay vihar,
Uttam Nagar, New Delhi110059
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 8 of 37
(b). Sh.Ashok Kumar Chauhan
S/o Late Sh.Ram Singh
R/o H.No.29/9, Shakti Nagar,
Delhi110007
(c). Sh.Vinod Chauhan
S/o Late Sh.Ram Singh
R/o H.No.29/9, Shakti Nagar,
Delhi110007
(d). Smt.Shakuntala Singh
W/o Sh.Krishna Kumar Singh &
D/o Late Sh.Ram Singh
R/o H.No.C219, Yamuna Enclave,
Panipat (Haryana)132103
(e). Smt.Asha Verma
W/o Sh.Rajpal Verma &
D/o Late Sh.Ram Singh
R/o A150, Ashok Vihar,
Aavas Vikas Colony, Khatauli,
Distt. Muzaffarnagar (UP)251201
(LRs brought on record vide Order dated 31.03.2021)
26. Sh.Jaswant Singh S/o Sh.Nihal
Dead & Represented through LRs namely:
(a). Sh.Ram Kumar
(b). Sh.Praveen Chauhan
(c). Sh.Pramod Chauhan
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 9 of 37
(d). Smt.Chanderwati
Wd/o Late Sh.Jaswant Singh
All sons of Late Sh.Jaswant Singh and residents of H.No.WZ170A,
Village Khampur Raya, West Pate Nagar, New Delhi110008.
(e). Smt.Sunita Rana,
W/o Late Sh.Rajbir Singh Rana,
D/o Late Sh.Jaswant Singh
R/o B9/4A, Rana Pratap Bagh,
New Delhi110007.
(f). Smt.Anita Verma
W/o Sh.Pawan Kumar Verma,
D/o Late Sh.Jaswant Singh
R/o WP545, Wazir Pur,
Delhi110052
(LRs brought on record vide Order dated 17.02.2016)
27. Sh.Rakesh Kumar S/o Sh.Phool singh
28. Sh.Jitender Singh S/o Sh.Phool Singh
29. Sh.Yogender Singh S/o Sh.Phool Singh
30. Sh.Jogender Singh S/o Sh.Sita Ram
Dead & Represented through LRs namely:
(a). Smt.Maya Devi,
Wd/o Late Sh.Jogender Singh
(The name of Smt.Maya Devi Wd/o Late Sh.Jogender Singh was
deleted vide Order dated 23.02.2017)
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 10 of 37
(b). Sh.Bhupender Singh,
S/o Late Sh.Jogender Singh
(c). Sh.Jitender Chauhan,
S/o Late Sh.Jogender Singh
All residents of T240, Gali No.26, Prem NagarII, Durga Mandir
Road, Kirari Nahar, Nangloi Mubarak Pur Road, Delhi110086.
(d). Smt.Poonam Chaudhary,
W/o Sh.Yashpal Singh,
D/o Late Sh.Joginder Singh
R/o RZ149/284, Gali No.3,
Geetanajli Park, West Sagar Pur,
New Delhi110046.
(e). Smt.Meenakshi,
W/o Sh.Mahavir Singh,
D/o Late Sh.Joginder Singh
R/o WZ557, Naraina Village,
New Delhi110028.
(LRs brought on record vide Order dated 19.11.2015)
31. Sh.Jagat Singh S/o Sh.Sita Ram
32. Sh.Suresh Singh S/o Sh.Sita Ram
33. Sh.Ramesh Singh S/o Sh.Sita Ram
34. Sh.Naresh Singh S/o Sh.Sita Ram
Dead & Represented through LRs namely:
(a). Smt.Prem Lata,
Wd/o Late Sh.Naresh Singh
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 11 of 37
(b). Sh.Neeraj Singh,
S/o Late Sh.Naresh Singh
(c). Sh.Navdeep Singh,
S/o Late Sh.Naresh Singh
All residents of T579, Gali No.26, Prem NagarII, Durga Mandir
Road, Kirari Suleman Nagar, Delhi110086.
(LRs brought on record vide Order dated 19.11.2015)
35. Sh.Narender Singh S/o Sh.Kala Ram
36. Sh.Yudhveer Singh S/o Sh.Kala Ram
Dead & Represented through LRs namely:
(a). Smt.Santosh,
Wd/o Late Sh.Yudhvir Singh
(b). Sh.Rahul Chauhan,
S/o Late Sh.Yudhvir Singh
Both residents of H.No.WZ189A, Khampur Raya, West Patel
Nagar, New Delhi110008
(c). Smt.Parul,
W/o Sh.Manish Kumar,
D/o Late Sh.Yudhvir Singh,
R/o Plot No.26, Second Floor,
Opposite Rai Son Armor Hall,
Ahinsa KhandII, Indrapuram,
Ghaziabad (UP).
(LRs brought on record vide Order dated 17.02.2016)
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 12 of 37
37. Sh.Fateh Singh S/o Sh.Kala Ram
38. Sh.Pawan Kumar S/o Sh.Kala Ram
39. Sh.Krishan Pal s/o Sh.Kala Ram
Dead & Represented by LRs namely:
(a). Smt.Sudesh Chuhan,
Wd/o Late Sh.Krishan Pal Singh Chauhan
R/o H.No.WZ189A,
Village Khampur, New Delhi110008
(b). Sh.Vaibhav Chauhan,
S/o Late Sh.Krishan Pal Singh Chauhan
R/o H.No.WZ189A, Village Khampur,
New Delhi110008
(LRs were brought on record vide Order dated 19.03.2020)
40. Sh.Pratap Singh S/o Sh.Tara Chand
Dead & Represented by LRs namely:
(a). Smt.Kanta Chauhan,
Wd/o Late Sh.Pratap Singh
(b). Sh.Rajesh Chauhan
(c). Sh.Rakesh Chauhan
(d). Sh.Parvesh Chauhan
All sons of Late Sh.Pratap Singh and all residents of H.No.WZ198,
Village Khampur, New Delhi110008.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 13 of 37
41. Sh.Giri Singh S/o Sh.Hari Ram
42. Sh.Prem Singh S/o Sh.Hari Ram
43. Sh.Krishan Singh S/o Sh.Nihal
44. Sh.Amar Singh S/o Sh.Nihal
45. Sh.Satpal S/o Sh.Sita Ram
Dead & Represented through LRs namely:
(a). Sh.Satinder Chauhan
S/o Late Sh.Satpal
(b). Smt.Usha Chauhan
Wd/o Late Sh.Satpal
Both residents of H.No.WZ198, Village Khampur Raya, New
Delhi110008.
(c). Smt.Seema Chauhan,
W/o Sh.Deepak Sachan
D/o Late Sh.Satpal
R/o Plot No.2489, Ground Floor,
Aravli Vihar, Sanik Colony,
Sector49, Near Badkal Lake,
Faridabad121001 (Haryana)
(d). Smt.Sangeeta Phore,
W/o Sh.Tarun Phore,
D/o Late Sh.Satpal
R/o H.No.68, Village Hashtal,
Mohalla Shadipura, Uttam Nagar,
New Delhi110059.
(LRs brought on record vide Order dated 19.11.2015)
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 14 of 37
46. Smt.Kamlesh Wd/o Davinder Singh
D/o Sh.Kala Ram
R/o WZ236, Basai Darapur,
New Delhi110015
All residents of Village Khampur Raya, Opposite West Patel Nagar, New
Delhi110008.
...PETITIONERS
VERSUS
1. Union of India Through,
Land Acquisition Collector, (West)
Old Middle School Building,
Rampura, Delhi
2. Delhi Urban Shelter Improvement Board
Through its Chairman/Managing Director,
Govt. of NCT of Delhi
Vikas Kutir, I.P. Estate, New Delhi
(Respondent no. 2 has been substituted in place of Municipal
Corporation of Delhi vide Order dated 19.11.2015
........ Respondents
AWARD NO 14/DC (W)/2006-2007
Village Khampur Raya, New Delhi
dated: 02.06.2007
REFERENCE U/S 18 OF THE LAND ACQUISITION ACT AGAINST
AWARD NO. 14-DC(W) 2006-2007 ANNOUNCED ON 02.06.2007 OF
VILLAGE KHAMPUR RAYA, NEW DELHI.
Date of institution of the reference : 10.07.2015
Date of reserving the judgment : 26.07.2023
Date of pronouncement of Judgment : 17.08.2023
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 15 of 37
JUDGMENT
1. The Government of NCT of Delhi acquired a land parcel measuring 8 Biswas under Section 4 of the Land Acquisition Act, 1984 ('the Act') vide notification no. F.10(87)/02/L&B/LA/3885 dated 07.06.2004 and followed it up with the relevant notification under Section 6 of the L.A. Act vide notification no. F.10(87)/02/L&B/LA/2607 dated 03.06.2005. The land was notified under Section 17 vide notification no. F.10(87)/02/L&B/LA/2608 dated 03.06.2005. The public purpose for which the land was acquired was construction of underground water reservoir and Booster Pump by Slum & J.J. Department.
2. After considering the respective claims of land owners/interested persons, the Land Acquisition Collector ('the Collector') passed Award no. 14/DC (W)/2006-2007 dated 02.06.2007 under Section 11 of the L.A. Act. The Collector determined the market value of the land under acquisition on the date of notification u/s 4 of the LA Act @ Rs.3,500/- per sq. metre alongwith statutory benefits.
3. According to the statement filed under Section 19 of the L.A. Act by the Collector, petitioners were shown as recorded owners of the acquired land which is the subject matter of this reference. Brief description of the land holding of the petitioners as culled out from the Award under challenge is as under:-
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 16 of 37Name of recordedKhasra No.Total Area Detail of trees owner & share Bigha-Biswa Building/Crops ( as per Award)
47. Shiv Kumar754/21/2/2/ 00-08 As per Award S/o Ram Kishan 2/2/2/2/2 (1/2 share) (old)1083/ 4352/95472 1149/754/ 21 (New)
48. Naveen Kumar S/o Sh. Ram Kishan (½ share) 4352/95472
183. Jaswant Singh S/o Smt. Meva (½ share) 1/288
184. Raj Singh S/o Smt. Meva (½ share) 1/288
185. Bala D/o Smt. Meva (½ share) 1/288
186. Vimla D/o Smt. Meva (½ share) 1/288
187. Kamla D/o Smt. Meva (½ share) 1/288
188. Kailash Wati D/o Smt. Meva (½ LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 17 of 37 share) 1/288
189. Sham Singh S/o Smt. Kalan (½ share) 1/96
190. Gopi Chand S/o Smt. Kalan (½ share) 1/96
191. Phool Siongh S/o Khush Hal (½ share) 1/12
192. Suraj Prakash S/o Charan Singh (½ share) 1/240
193. Tej Prakash S/o Charan Singh (½ share) 1/240
194. Chand Prakash S/o Charan Singh (½ share) 1/240
195. Ram Kumar S/o Charan Singh (½ share) 1/240
196. Raj Kumar S/o Charan Singh (½ share) 1/240
197. Sudhir Kumar LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 18 of 37 S/o Partap Singh (½ share) 1/144
198. Rajesh Kumar S/o Partap Singh (½ share) 1/144
199. Smt. Bala W/o Partap Singh (½ share) 1/144
200. Ravi Kiran S/o Jai Bhagwan (½ share)1/48
201. Ramesh Chand S/o Raje Ram (½ share)1/96
202. Manish Kumar S/o Zile Singh (½ share) 1/288
203. Ashish Kumar S/o Zile Singh (½ share) 1/288
204. Smt. Usha Devi W/o Zile Singh (½ share) 1/288
236. Ram Singh S/o Nihal (½ share) 1/64 LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 19 of 37
237. Jaswant Singh S/o Nihal (½ share) 1/64
238. Kishan Singh S/o Nihal (½ share) 1/64
239. Amar Singh S/o Nihal (½ share) 1/64
236. Ram Singh S/o Nihal (½ share) 1/64
237. Jaswant Singh S/o Nihal (½ share) 1/64
238. Kishan Singh S/o Nihal (½ share) 1/64
239. Amar Singh S/o Nihal (½ share) 1/64
242. Jitender Singh S/o Phool Singh (½ share) 1/768
243. Rakesh Singh S/o Phool Singh (½ share) 1/768
244.Yoginder LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 20 of 37 Singh S/o Phool Singh (½ share) 1/768
256.Joginder Singh S/o Sita Ram (½ share) 1/480
257.Jagat Singh S/o Sita Ram (½ share) 1/480
258.Suresh Singh S/o Sita Ram (½ share) 1/480
259.Ramesh Singh S/o Sita Ram (½ share) 1/480
260.Satpal Singh S/o Sita Ram (½ share) 1/480
261.Naresh Singh S/o Sita Ram (½ share) 1/480
262.Narender Singh S/o Kala Ram (½ share) 1/480
263.Yudhvir Singh S/o Kala Ram (½ share) 1/480
264.Fateh Singh LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 21 of 37 S/o Kala Ram (½ share) 1/480
265.Krishan Pal Singh S/o Kala Ram (½ share) 1/480
266.Pawan Kumar S/o Kala Ram (½ share) 1/480
267.Smt. Kamlesh W/o Kala Ram (½ share) 1/480
268.Giri Singh S/o Hari Ram (½ share) 1/160
269.Prem Singh S/o Hari Ram (½ share) 1/160
270.Partap Singh S/o Tara Chand (½ share) 1/80 Date of taking possession of the acquired land is 02.06.2007
4. Aggrieved by the Award passed by the concerned LAC, the petitioners filed an application under Section 18 of the Act for re- determination of the fair market value of the acquired land/property and LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 22 of 37 requested for a Reference to this Court, for seeking enhancement/redetermination of the assessed market value of the acquired land as on the date of publication of notification u/s 4 of the L.A. Act.
5. Brief factual recapitulation would be relevant before proceeding to the merits of the Reference claim. The petitioners were the co-owners of land comprised in Khasra No. 754/21/2/2/2/2/2/2/2 min. (Old No.) and New No. 1083-1149/754/21 min., situated within the revenue estate of village Khampur Raya to the extent of their respective shares as recorded in the relevant revenue record of shamlat deh, which land was acquired by Land Acquisition Collector vide present Award dated 02.06.2007 and which is the Award in question.
6. It has been averred in the petition that the land in question has been much under valued by the ld. LAC who should have assessed the market value of the land acquired @ not less than Rs. 60,000/- per sq. yd. The LAC has failed to appreciate and to take into account the factors which were necessary for determining the market value. It has also been averred that the land rates as prescribed by various Govt. agencies around the land in question were higher than the land rate assessed by the LAC. Further, the acquired land was having all amenities/facilities of daily routine such as metaled road, surface transport, water supply, sewage line, telephone, schools & banks etc. and was surrounded by developed areas.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 23 of 377. The petitioners have thus prayed for assessing the market value of the acquired land @ Rs.60,000/- per sq. yard alongwith all other statutory benefits.
8. Respondent no.1/ Union of India filed its written statement in which it controverted the averments made in the petition and claimed that the land in question was not surrounded by any developed colony at the time of publication of the notification u/s 4 of the LA Act. It has been asserted that the Collector while passing the award had taken into consideration all the relevant factors including the location and potentiality of the land in dispute while arriving at the fair market value of the land. Thus, the compensation assessed and awarded by the Collector is just and reasonable. It has further been asserted that the present reference application is hit by limitation. The claim of the petitioners was consequently opposed as being excessive and unjustified.
9. Respondent no. 2/Delhi Urban Shelter Improvement Board also filed a detailed reply and raised preliminary objections to the effect that Ld. LAC has passed Award as per norms and provision of LA Act, 1894. It was asserted by respondent no. 2 that the ld. LAC had assessed the market value of the land on the basis of sale deeds of the lands adjoining the acquired area as well as other relevant documents which were made available and produced before him. Hence, the amount awarded by the LAC in the present case was supported as being adequate.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 24 of 37It was thus jointly prayed by the respondents that the present Reference be dismissed with cost.
10. After perusing the respective pleadings, Ld. Predecessor vide order dated 10.11.2016 framed the following issues:
1. Whether Section 19 Statement filed by the Collector (West) is true and correct? OPR1
2. Whether the present petition is barred by the period of limitation? OPP
3. What was the fair market value of the land in question on the date of notification u/s 4 of the Land Acquisition Act? OPP
4. Whether the petitioners are entitled for enhancement of the compensation in respect of land and if so, at what rate? OPP
5. Relief.
11. Shri Vijay Kumar, Junior Secretariat Assistant from the office of Land & Development Office, Nirman Bhawan had appeared as PW-1. He had brought and proved the record pertaining to Scheduled Rates of residential and commercial properties in the NCT of Delhi w.e.f. 01.04.1998 to 31.03.2000. Witness further deposed that after the year 2000, the rates had not been revised (i.e. till the date of examination of the witness). The attested copy of Scheduled rates was collectively exhibited as Ex. PW-1/1 (17 pages).
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 25 of 3712. Shri Jai Kishan, LDC from the office of Delhi Urban Shelter Improvement Board, appeared as PW-2. He had brought and proved the summoned record pertaining to auction of plot no. 4, 5 & 6 West Delhi District Centre, Shivaji Palace, Raja Garden, New Delhi, as Ex. PW-2/1 (OSR), and copies of Perpetual Lease pertaining to the above said plots as Ex. PW-2/2. He had also proved the copy of record of auction and execution of Perpetual lease Deed pertaining to plot nos. 10 & 23 of West Delhi District Center, Shivaji Palace, Raja Garden, New Delhi as Ex. PW- 2/3 & Ex. PW-2/4 (Colly) respectively.
In cross-examination, PW-2 deposed that he has not seen the auctioned plots and had no personal knowledge of the plots of the above said lease deeds and auction proceedings.
13. Shri Naveen Kumar, Record Keeper from the office of Department of Delhi Archives had appeared as PW-3. He brought and proved the summoned record as Ex. PW-3/1 (OSR) i.e. registered Sale Deed dated 15.11.1996 executed by Kanishka Builders & Promoters Pvt. Ltd. in favour of TATA Mc Graw Hill Publishing Company Ltd.
14. Shri Rakesh Kumar, Patwari from the office of LAC, West appeared as PW-4. He had brought the original Award no. 13/DC(W)/2004- 05 dated 02.02.2005 of East Patel Nagar, New Delhi, the certified copy of which was proved Ex. PW-4/1; and of award no. 14/DC(W)/2004-05 dated 28.01.2005, Main Patel Road, Patel Nagar, New Delhi, the certified copy of which was exhibited as Ex. PW4/2 (OSR).
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 26 of 37He had also brought the original Award bearing no.
1/DC(W)/2001-02 of Village Basai Darapur, New Delhi and proved the certified copy of the same as Ex-4/3 (OSR); the original Award bearing no. 4/DC(W)/2005-06 of Village Khampur Raya, New Delhi, which was exhibited as Ex. PW-4/4 (OSR) and the original Award no. 2/2000-01 of Village Khampur Raya, New Delhi and a certified copy of which was proved as Ex. PW4/5 (OSR).
He had also brought the relevant page of Diary Register dated 01.08.2017 to prove the necessary correction having been carried out in Award no. 14/DC(W)/2006-07. Copy of the entry at Diary no. 4425/LAC/West for making necessary correction in Award no. 14/DC(W)/2006-07 of Village Khampur Raya, New Delhi was exhibited as Ex. PW-4/6 (OSR).
In his cross-examination, witness deposed that he could not tell whether diary no. 4425/LAC/WEST (Ex. PW 4/6) pertains to the application dt. 1.8.2007.
15. Sh. Bipin Chander, UDC from the office of Land & Building Department appeared as PW-5. He had brought and proved the standing instructions issued by Land & Building Department, Govt. of NCT of Delhi, as Ex. PW-5/1 (18 pages) (OSR). He deposed that copies of the same were sent to Divisional Commissioner, Govt. of NCT of Delhi, Commissioner ( IM-DDA), Vikas Sadan, New Delhi, and all the LACs in Delhi.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 27 of 3716. Shri Kunj Bihari, Kanoongo from the office of SDM, Patel Nagar had appeared as PW-6. He brought the summoned record i.e. Aks- sajra of Village Khampur Raya showing the boundaries of Village Basai Darapur, New Delhi towards the western side. A copy of the Aks-sajara was proved as Ex. PW-6/1 (OSR).
17. Shri Rakesh Kumar, ASO, OSB from the office of DDA had appeared as PW-7. He had brought and proved the Conveyance Deed and Perpetual Lease pertaining to plots bearing no. 3 & 4, West Patel Nagar, New Delhi as Ex. PW-7/1 (Colly) and Ex. PW-7/2 (Colly) (OSR), respectively. The copies of challans towards payment of cost of the plots were exhibited as Ex. PW-7/3 (Colly) (running into four pages) (OSR) and copy of demand notices as Ex. PW-7/4 (Colly) (running into two pages) (OSR).
In cross-examination, PW-7 deposed that he had not seen the (abovesaid) plots and had no personal knowledge of the Lease deeds and Conveyance Deeds.
18. Shri Rakesh Kumar, Patwari from the office of LAC-West appeared as PW-8 and deposed that he had been examined as witness IP1/W1 in the case titled as UOI Vs Mam Chand & Ors bearing LAC No. 14A/10/08 on 19.03.2011. The said reference was decided on 03.08.2016. He further deposed that in his previously recorded statement, he had proved Jamabandi running into nine pages which was exhibited as Ex. IP1- W1/1. The certified copy of his statement dated 19.03.2011 was proved Ex.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 28 of 37PW-8/1 and the certified copy of Jamabandi which was exhibited previously as Ex. IP1-W1/1 was exhibited herein as Ex. PW8/2 ( Colly) ( OSR).
In cross-examination, he deposed that he had no knowledge whether the original of Ex. IP1-W1/1 was available in the revenue office.
19. Sh. Shiv Kumar, petitioner no. 1 appeared as PW-9 and tendered his evidence by way of affidavit Ex. PW-9/A. He relied and proved on the following documents:
1. Ex.PW-9/1: application dated 01.08.2007 (for correction in the Award in question).
2. Ex.PW-9/2: certified copy of judgment dated 01.08.2016 in refrence titled as Union of India Vs Mamchand & Ors.
3. Ex.PW-9/3: copy of order dated 03.12.2001 passed by the Hon'ble High Court.
4. Ex. PW-9/4: copy of writ petition.
5. Ex. PW9/5: copy of judgment passed by Sh. O.P. Gupta, the then ld.
ADJ in case titled as Virender Sood Vs Union of India.
6. Ex. PW-9/6: copy of judgment in case titled as Rai Singh & Ors Vs Union of India & Ors. in LAC No. 37/10/01.
7. Ex. PW-9/7: copy of judgment in case titled as Rai Singh & Ors. Vs Union of India & Ors in LAC no. 39/10/01.
He also relied upon the documents already exhibited by the petitioner's witnesses.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 29 of 37In his cross-examination, he denied the suggestion that he had not moved proper and timely application for correction in the Award. He could not tell the exact year since when DUSIB had been in possession of the acquired land. However, he further deposed that DUSIB was in unauthorized possession of the land much prior to the notification of under section 4 of the L.A. Act. He admitted the suggestion that in his petition, in para no. 2, he had mentioned that DUSIB was in possession of the acquired land for more than 40 years prior to filing of the present reference but he had never demanded any rent or damages for use and occupation of the land in question from the DUSIB nor had the DUSIB paid any such charges to him at any point of time. He denied the suggestion that DUSIB had become the owner of the acquired land by way of adverse possession. He denied the suggestion that petitioners were not entitled for any interest on compensation, u/s 34 of the L.A Act. In response to a specific question, he replied that he had filed a sale deed dated 15.11.1996 which is already exhibited as Ex. PW-3/1 vide which the land in the vicinity of the acquired land was sold at about Rs. 49,000/- per sq. yards. He denied the suggestion that the acquired land in question could not be compared with the land detailed in Ex. PW-3/1 for the reason that the subject land was commercial in nature. However, he voluntarily deposed that the land involved in Ex. PW-3/1 was not a commercial land. He further denied the suggestion that the rates of land in Village Basai Dara Pur, being much more developed, could not be compared with the rates of land of Village Khampur Raya. He first admitted the suggestion that land in question was agricultural land but again said that it was not an agricultural land but LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 30 of 37 however, admitted that the land in question was hilly land. He further denied the formal suggestions put to him.
20. The matter thereafter proceeded to recording of Respondents' evidence.
21. Sh. A.C. Tiwari, ld. Counsel for respondent no.1/ UOI relied upon the copy of Award no. 14/DC(W) of 2006 -07 pertaining to Village Khampur Raya as Ex. R1, copies of sale deeds dated 03.01.2004, 03.01.2004 and 19.12.2003 as Ex. R-2 to R-4. (certified copies of the above sale deeds are lying in case titled as "Mahavir Singh Vs Union of India"
bearing LAC No. 143/16). Sh. Amit Kumar Mittal, ld. Counsel for respondent no. 2/DUSIB adopted the evidence led on behalf of the UOI.
22. It needs a highlight that Sh. Nitin Tanwar S/o late Smt. Kamlesh, has got recorded his statement to the effect that his mother Smt. Kamlesh W/o Sh. Devender Singh, in her lifetime, had executed a registered Relinquishment deed dated 19.06.2006 in favour of the petitioner nos. 35 to 39. His statement is supported by an affidavit alongwith a copy of his Aadhar Card. A separate joint statement in this regard had also been recorded on 03.05.2023 of Sh. Sushil Tanwar and Sh. Nishant Tanwar, both sons of late Smt. Kamlesh. Their statements are also supported with affidavits alongwith copies of their Aadhar Cards.LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 31 of 37
23. I have heard the arguments put forward by ld. Counsel for the petitioners and respondents, and have gone through the record of the case. I have also carefully analyzed the evidence adduced on behalf of the petitioners and the respondents.
ISSUE WISE FINDINGS Issue No.1
1. Whether Section 19 Statement filed by the Collector (West) is true and correct? OPR1
24. The onus to prove this issue was on the Resp. no. 1. No evidence has been led on behalf of the respondent no. 1 to show that statement under section 19 of L.A Act is not correct. No arguments were addressed on this aspect. Accordingly, issue no. 1 is decided in favour of the petitioners and against respondent no. 1.
Issue no. 3 & 4
2. What was the fair market value of the land in question on the date of notification u/s 4 of the Land Acquisition Act? OPP
3. Whether the petitioners are entitled for enhancement of the compensation in respect of acquired land and if so, at what rate? OPP
25. Both these issues are being taken up together since they have a mutual bearing. In order to prove their claim for being awarded LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 32 of 37 compensation @ Rs.60,000/- per sq. yard., Petitioners - claimants have placed reliance on sale deeds, lease deeds, auction proceedings, previous LAC Awards of the same village as in the present case i.e. Khampur Raya, and LAC Awards of adjoining areas i.e. of adjoining village Basai Darapur, East Patel Nagar, Main Patel Road. Additionally, they have also placed reliance on the notification issued by Ministry of Urban Affairs & Employment dt. 16.04.1999 wherein indicative rates for residential and commercial properties (in sq. metres) in Delhi were notified and which were in force till 31/3/2000. This notification was proved by PW 1 as Ex. PW-1/1.
26. PW-3 proved copy of the sale deed executed between Kanishka Builders P. Ltd. (vendor) and Tata McGraw Publishing Company (vendee) in respect of property situated on main Road West Patel Nagar as Ex. PW3/1. PW-2 proved lease deeds/auction proceedings in respect of commercial properties no. 4, 5, 6, 10 & 23 which were sold by way of auction in West Delhi District Centre, Shivaji Palace, Raja Garden by Municipal Corporation, JJ Slum Dept. PW - 8 proved conveyance and lease deeds in respect of residential properties no. 3 & 4 situate in West Patel Nagar as Ex. PW8/1 and Ex. PW-8/2. Except for Ex. PW 8/1 and Ex. PW8/2 which lease deeds were concerning residential plots, the common thread running through all the exhibited sale/lease/conveyance deeds is that the underlying transaction was commercial in nature. The sale deed Ex. PW-3/1 was executed between two corporate entities. In the absence of any evidence to the contrary, it has to be presumed that underlying objective of execution of the sale deed was commercial and hence, the said transaction LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 33 of 37 cannot be considered to be a transaction between an average buyer and an average seller. The conveyance/lease deeds Ex. PW 2/1 (colly) to Ex. PW 2/2 (colly) were a result of auction proceedings of commercial plots in a commercially developed area i.e. District Centre, Raja Garden and hence, also cannot be equated with the potential of acquired land in any manner, in addition to the fact that the auctioned land was not proximate to the acquired land since Raja Garden is at a distance of approx. 5 kms. from the acquired land. Additionally, on the aspect of potential, PW 9 who is one of the petitioner/claimants has admitted in his cross-examination that the terrain of the acquired land was not even agricultural but hilly. No evidence has been led to prove its commercial potential. Consequently, the acquired land cannot in any manner be equated with the land which is the subject matter of above highlighted conveyance deeds/sale deed/ lease deeds.
The lease deeds/conveyance deeds in respect of residential plots Ex. PW7/1 (colly) to Ex. PW-7/2 can also not taken to be a good indicator of the prevailing market value of the acquired land on the date of notification u/s 4 since residential plots are auctioned/offered for allotment after substantial development by the developing agency whereas in the present case, as already highlighted above, the terrain was hilly and undeveloped for any such residential use.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 34 of 3727. This brings us to the LAC Awards passed in respect of land acquired in village Basai Darapur, East Patel Nagar and Main Patel Road which are adjoining the acquired land of the village Khampur Raya. PW 6 proved the relevant document to show the proximity of village Basai Darapur to village Khampur Raya. LAC Awards covering East Patel Nagar, Main Patel Road, Patel Nagar and Village Basai Darapur were exhibited as Ex. PW-4/1 to Ex. PW 4/6.
28. It needs a highlight that in a recently answered Reference application u/s 18 of the LA Act vide judgment dt. 21 April 2023 delivered in reference bearing LAC no. 1587/12 which was concerning the same village i.e. Khampur Raya, concerning the same notification u/s 4 and 6 of the LA Act as in the present reference, and for the same public purpose as in the present case, this Court has re-determined the fair market value of the acquired land as on the date of notification u/s 4 of the LA Act to be Rs. 13000 per sq. meter. While arriving at the above said determination, this Court had considered in detail the identical evidence which was led in the above said Reference and which has been led by the petitioners here-in. Consequently, there is no reason to hold a different view in answering the present Reference. Accordingly, this Court therefore deems it appropriate to hold that the correct market value of acquired land in the present Reference, as on the date of notification u/s 4 of the LA Act was Rs.13,000/- per sq. metre. Issues no. 3 & 4 are decided accordingly.
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 35 of 3729. Issue no. 2 Whether the present petition is barred by the period of limitation? OPP Inadvertently, the onus to prove the issue no. 2 had been put on the petitioners. The objection regarding limitation had been taken by respondent no. 1 in its written statement. Consequently, it has to be assumed that the onus was on respondent no.1 to prove the fact that reference application was barred by limitation. However, no evidence has been led to that effect. Additionally, I have checked up the record. The Award in question was announced on 02.06.2007 whereas the reference application was received in the office of LAC, West on 10.07.2007 i.e. within the period of six weeks from the announcement of the Award and hence, is within limitation under section 18 (2) proviso A of the L.A. Act. Therefore, issue no. 2 is accordingly decided in favour of the petitioners and against respondent no. 1.
Issue no. 5 (RELIEF)
30. In view of the above observations and discussion, the Reference is answered by holding that the compensation awarded to the petitioners at the rate of Rs. 3500 per sq. metre by LAC was inadequate. Petitioners are required to be paid compensation at the rate of Rs. 13,000/- (Rupees Thirteen Thousand only) per sq. metre being the fair market value of the acquired land as on the date of notification u/s 4 of the LA Act. Petitioners are thus entitled to enhancement of compensation to the tune of Rs.9,500/-
LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 36 of 37(Rupees Nine Thousand Five Hundred only) per sq. metre above the compensation already awarded by the LAC along with 30% solatium. Petitioners are also entitled to additional amount at the rate of 12% p.a on enhanced compensation from the date of notification under section 4 of the L.A. Act till the date of taking over of possession, as per provisions of Section 23 (1-A) of the Land Acquisition Act. Petitioners shall also be entitled to interest on enhanced compensation at the rate of 9% for the first year from the date of taking of possession of land in question and 15% for subsequent years till the entire payment of enchanced compensation is made, as per Section 28 of the Act.
31. A copy of the judgment be sent to Land Acquisition Collector (West) for information and necessary action. Decree sheet be prepared accordingly.
32. File be consigned to Record Room after due compliance.
Announced in the open court today the 17th August, 2023 (Dr. Ajay Gulati ) ADJ-02,West/Delhi LAC-218/16 Shiv Kumar & Ors. Vs. UOI & Ors. Page 37 of 37