Delhi District Court
Sh. Omprakash(Deceased) Through Lrs vs Union Of India (Through) on 26 September, 2013
IN THE COURT OF SH. AMIT KUMAR:
ADDITIONAL DISTRICT JUDGE : ROHINI COURTS : DELHI
LAC No. 93A/12
UID 02404C0070542012
IN RE :
1. SH. OMPRAKASH(DECEASED) THROUGH LRs
A. PARMESHWARI DEVIWIDOW
B. ASHOK KUMAR GARG SON
C. SUNITA JINDAL DAUGHTER
ALL r/O 2380/T27, NARELA MANDI, NARELA, DELHI
2. SH. TILAKRAJ
S/O SH. JAGANNATH
R/O VILLAGE BAKHTAWARPUR, DELHI
...... PETITIONERS
VERSUS
1. UNION OF INDIA (THROUGH)
LAND ACQUISITION COLLECTOR,
NORTH WEST,
DELHI.
2. DELHI DEVELOPMENT AUTHORITY
THROUGH ITS VICE CHAIRMAN,
VIKAS SADAN, NEW DELHI
........RESPONDENTS
Award No. 20/200304
Village RAJAPUR KALAN
Date of Announcement
of Award 25.11.2003
Notification U/S 4 (1) F.10(4)/97/L&B/LA/7329
dt.22.08.2001
Corrigendum F.10(4)/97/L&B/LA/5148
dt.26.06.2002
LAC no. 93A/12 Omprakash & another 1 of pages 8
Notification U/s 6 F.10(4)/97/L&B/LA/7910
dt.26.07.2002
Date of Receipt of Reference : 07.03.2012
Date of Arguments : 26.09.2013
Date of Decision : 26.09.2013
REFERENCE PETITION UNDER SECTION 18 OF THE
LAND ACQUISITION ACT 1894
J U D G M E N T
1. This is a reference petition filed u/s 18 of Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), filed by the petitioners for enhancement of compensation already awarded vide award no.20/200304 dated 25.11.2003 for the land as per reference u/s 18 LA Act, situated within the Revenue Estate of Village Rajapur Kalan, Delhi, which was acquired vide notification under Section 4 of the Act was issued on 22.08.2001. The Declaration u/s 6 of the Act was made on 26.07.2002. Award bearing no. 20/200304 was announced by Land Acquisition Collector (hereinafter referred to as "LAC") on 25.11.2003. LAC determined the market price of the acquired land @ Rs.15,70,000/ per acre.
2. The petitioners being aggrieved by the market value determined by LAC vide award no. 20/200304 dated 25.11.2003 challenged the said award on following grounds :
i) that LAC has not adopted the correct method of valuation;
ii) that the market value assessed by Land Acquisition Collector is imaginary and based upon the govt. policy;
iii) that LAC failed to consider the sale deed of khasra no. 47/9 of Rs.
LAC no. 93A/12 Omprakash & another 2 of pages 8 26,75,000/ dated 28.03.2000 submitted before him of village Mamulpur which is adjacent to village Rajapur Kalan;
iv) that LAC failed to consider that the land of village Rajapur Kalan is of better location then the adjoining villages because the main road connects two national highway NH1 and NH10;
v) that the LAC failed to consider that palatial farm houses had been constructed in village Rajapur kalan where the costs of land is not less than Rs. 15,000/ per square yards;
vi) that LAC has not taken into consideration the relevant sale transactions/sale purchase of the land in the adjoining villages.
3. The petitioners prayed the compensation as under:
i) compensation @ Rs.5,000/ per sq. yards besides interest @ 24% per annum and solatium as per law.
ii) compensation @ Rs.10,000/ per bigha for damages of crops.
iii) compensation @ Rs.5,00,000/ for change of place of business
4. The respondent no. 1/Union of India and respondent no. 2/Delhi Development Authority contested the petition by filing their respective Written Statements.
5. The respondent no. 1/ Union of India denied the averments pleaded in the reference petition and asserted that sufficient compensation have been granted by the LAC; rate of land has been fixed on the basis of documents made available and produced before the LAC; area of land and other amenities thereon were considered; compensation granted by LAC is just and adequate; and petitioner is not entitled for any enhancement in the compensation awarded by the LAC. It is prayed that the reference is liable to be dismissed.
6. The respondent no.2/Delhi Development Authority in preliminary objections stated that compensation awarded by the LAC is sufficient, just and logical; LAC no. 93A/12 Omprakash & another 3 of pages 8 reference is barred by limitation and is not maintainable. It is denied that LAC has given a very low rate of market value; the LAC has grossly erred in not awarding the compensation on the basis of actual market value; reference filed by the petitioners is false, frivolous, vexatious and without any cause of action.
7. The petitioners admitted the statement u/s 19 of the Act. The following issues were framed :
1. Whether the petitioner is entitled to enhancement in compensation, if so, to what amount ?
2. Relief.
8. The petitioners adopted the evidences by petitioner in leading case titled as Jai Singh Vs. UOI LA appeal no. 266/08.
9. The respondent no.1 tendered the award in question Ex. R1 and adopted the evidence led on behalf of UOI in leading case titled as Zile Singh Vs. UOI LAC No. 669A/08.
10. Sh. B.P Aggarwal, Advocate for petitioners; Sh. Sudershan Joon, advocate for respondent no.1/UOI; Ms. Ravi Prabha, Advocate for respondent no. 2/DDA, heard. Record perused. The issuewise findings are as under:
ISSUE NO. 1 :
11. The petitioners have contended that valuation of the land fixed by LAC is not reasonable & LAC has not adopted the correct method of valuation to fix market value. Counsel for petitioners has relied upon judgement of Jai Singh Vs. U.O.I LA appeal no. 266/08. Ld counsel for respondents have relied upon LAC no. 93A/12 Omprakash & another 4 of pages 8 the evidence led in Zile Singh Vs. UOI LAC No. 669A/08. However, Hon'ble Justice Pradeep Nandrajog in Jai Singh V UOI, LA Appeal no. 266/08 & connected matters dated 23.08.2011 determined the market value of the land pertaining to village Rajapur Kalan acquired through notification dated 22.08.2001 and same award, as Rs.16,74,500/ per acre for category 'A' land. Relevant portion is reproduced below:
84. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is Rs.15.70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 22.8.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre comes to Rs.17,74,109/, rounded off to Rs.17,75,000/ per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to Rs.18.2 lakhs per acre and further increasing by 2.5% the prices comes to Rs.18,65,500/ per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 22.8.2001; the mean average price for Category 'A' lands in village Rajapur Kalan comes to Rs.16,74,500/ per acre and decreasing the same by 2.5%, it comes to Rs.16,32,637.50 per acre for Category 'B' lands. Noting that the learned Reference Court has, without any reasons, done away with Category 'B' lands and uniform price awarded is Rs.16,43,811/ per acre, the price differential worked out by me comes to a meager `9,000/ per acre and thus qua Category 'B' lands I maintain the amount awarded by the learned Reference Court.
85. All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by LAC no. 93A/12 Omprakash & another 5 of pages 8 Union of India in the appeals filed by land owners in respect whereof grid has been prepared and labeled as 'GRIDJ' hereinabove are dismissed.
86. All Land Acquisition Appeals filed by the land owners and crossobjections filed by the land owners i n appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Rajapur Kalan pertaining to the notification dated 22.8.2001 in sum of Rs.16,74,500/ per acre and for Category 'B' lands the compensation awarded at Rs.16,43,811/ per acre is maintained and thus such appeals or cross references which pertain to Category 'B' lands are dismissed.
87. Pertaining to such appeal where the compensation stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost."
12. Since the land pertained to the notification dated 22.08.2001 and same award, therefore, I do not found any ground to go differently then what Hon'ble Justice has held. Therefore, I held that petitioners would be entitle to market value @ Rs.16,74,500/ per acre as determined in Jai Singh Vs. UOI.
13. The petitioners have also claimed compensation for damages of crops and vegetables. The petitioners have not led any evidence to prove that he is LAC no. 93A/12 Omprakash & another 6 of pages 8 entitle for compensation for the same. The petitioners in the absence of any cogent evidence is not entitle to any compensation for crops and vegetables.
14. The petitioners shall also be entitled to statutory benefits i.e. 12% additional amount u/s 23 (1A), 30% solatium u/s 23 (2) and interest @ 9% for the first year & 15% for subsequent years till the making of payment of enhanced compensation by the LAC as per section 28 of LA Act.
15. In view of above issue no. 1 is surmise as below:
i) Petitioners shall be entitled to enhance compensation @ Rs.16,74,500/ per acre for his land mentioned in category 'A' as per statement u/s 19 of the Act;
ii) The petitioners are not awarded compensation of standing crops and vegetables.
Issue no.1 is decided accordingly.
16. Issue no. 2 RELIEF In view of the findings on Issue no.1, the petitioners are entitled to the following reliefs:
i) Market value of the land is fixed @ Rs. 16,74,500/ per acre for the land mentioned in category 'A' as per statement u/s 19 of the Act.
ii) Additional amount u/s 23 (1A) of the Act @ 12% p.a. from the date of notification u/s 4 of the Act till the date of award or dispossession, whichever is earlier.
iii) Solatium u/s 23(2) of the Act @ 30% on the enhanced amount of compensation.
LAC no. 93A/12 Omprakash & another 7 of pages 8
iv) Interest under Section 28 of the Act at the rate of 9% per annum for the first year from the date of dispossession and at the rate of 15% per annum on the difference between the enhanced compensation awarded by this court and the compensation awarded by the LAC for the subsequent period till the payment.
17. The reference is disposed of accordingly. Decree sheet be prepared accordingly. File be consigned to record room. Announced in the open court today on 26.09.2013 (AMIT KUMAR ) ADDITIONAL DISTRICT JUDGE01 ROHINI COURTS, DELHI LAC no. 93A/12 Omprakash & another 8 of pages 8