Delhi District Court
Sh. Kalyan Singh S/O Sh. Shiv Charan vs Union Of India on 7 August, 2008
1
IN THE COURT OF SHRI YASHWANT KUMAR :
ADDITIONAL DISTRICT JUDGE (LAC) : DELHI
LAC No. : 227/1/07 AWARD NO : 02/LAC/N/200506
VILLAGE : Burari, Delhi
In the matter of :
Sh. Kalyan Singh S/o Sh. Shiv Charan
R/o Vill & P.O. Jagatpur, Delhi
( Through Ld. Counsel Sh. S.S.Khatri )
...Petitioner
Versus
1 Union of India,
through through its Secretary,
Land & Building, Vikas Bhawan,
ITO, New Delhi
2 Land Acquisition Collector (North)
5, Sham Nath Marg, Civil Lines, Delhi
3 Delhi Development Authority
through its Vice Chairman,
INA, Vikas Sadan, New Delhi
( Through Ld. Counsel Sh. Sachin Nawani & Sh. S.S.Mittal )
...Respondents
Reference received on : 03.12.2007
Award reserved on : 29.07.2008
Award announced on : 07.08.2008
A W A R D
REFERENCE U/S 18 OF THE LAND ACQUISITION ACT
1 Vide notification No.F.11(30)/2003/L&B/LA/6600 dt.
18.07.2003 U/s 4 of the Land Acquisition Act (hereinafter referred to as the LA Act) followed by the declaration vide notification No.F.11(30)/03/L&B/LA/23254 dated 08.01.2004 U/sec. 6 of the LA 2 Act, the land including the land of the petitioner situated in the revenue estate of village Burari, Delhi as per statement U/sec. 19 of the LA Act was acquired by the Govt. for Development of Bio Diversity Park PhaseII at Burari, Delhi. The Land Acquisition Collector (hereinafter referred to as LAC) after completing all the requirements as provided under the Act, announced the award bearing No.02/LAC/N/200506 on 07.01.2006 and awarded the compensation @ Rs.15.70 lacs per acre (CategoryA) and Rs.5.05 lacs per acre (CategoryB) besides statutory benefits. 2 Feeling dissatisfied with the quantum of compensation awarded by the LAC, the petitioner herein filed petition U/s 18 of the LA Act for proper adjudication/market value of the acquired land which was sent to the reference court.
3 In this reference petition, the petitioner has sought the enhancement of compensation on the grounds that the petitioner is the person interested being the bhumidar/ owner and in physical possession of the land bearing khasra no.109/8 (416) situated in the revenue estate of village Burari, Delhi which has been acquired by the LAC vide the award in question. No person other than the petitioner has any right, title or interest in the said land for which the compensation has been assessed in the name of the petitioner and the petitioner is alone entitled to receive the entire enhanced amount of compensation in respect of the land 3 which has been acquired by the LAC. The petitioner has not received any notice u/sec. 9, 10, 11 & 12 of the LA Act nor the copy of the award has been supplied by the office of the LAC to the petitioner till date and as such the petitioner is not aware about the contents of the award. It is further stated that the market value of the land as assessed by the LAC is too low, inadequate and does not represent its true and correct market value as on the date of notification u/sec. 4 of the LA Act. All the amenities and facilities of life like water, electricity, transport, post office, police station, hospitals, schools, metalled roads, farm houses, telephone exchange, market were available to the land of the petitioner much prior to the notification u/sec. 4 of the LA Act. Moreover, the land of the petitioner is surrounded by the posh colonies like Model Town, Azad Pur, Civil Lines, Banarasi Dass Estate, Timar Pur, Indira Vikas Colony, Sant Nagar and Burari Extension etc. The prices in the area of the land are not less than Rs.10,000/ per sq. yard but the LAC did not consider this fact while making the said award.
4 It is also stated that the land of the petitioner is throughout levelled and is situated around fully developed area and is fit for building site without incurring any development charges, it can be easily converted into residential as well as commercial colony and a large area has already been converted into residential as well as commercial colonies in the similar situated land. The land of the 4 petitioner is situated on pucca road all side and adjacent outer ring road, Azadpur, Samaypur Industrial Area, Sanjay Gandhi Transport Nagar, Azadpur, Subzi Mandi and Fruit Mandi, etc. The market value of the land of the petitioner, if sold in the open market under the conditions of demand and supply, was not less than Rs.10,000/ per sq. yard at the time of notification u/sec. 4 of the LA Act. The LAC has failed to consider the fact that the minimum price fixed by the Government for acquisition of the land are much less than the prevailing market value of the land in question. The minimum price of the land on 09.08.2001 was Rs.15.70 lacs per acre for agricultural land but the LAC did not enhance the compensation from 09.08.2001 to 18.07.2003 i.e. the date of notification u/sec. 4 of the LA Act for which the petitioner is entitled as a minimum market value fixed by the Govt. It is further stated that the LAC has wrongly classified in different categories of the land of the village which is equally fertile, levelled and having three crops in a year. The entire land covered in the award in question is having similar fertility and quality in all aspects but the LAC has wrongly categorized the land in two category i.e. category A & category B without any reason and justification and as such the market value assessed by the LAC is too low and inadequate and same is much less than the prevailing market rate of the land in question. The LAC has admitted in his award that in the entire land measuring 1448 bighas 1 biswa under acquisition is ''Do Fasli Land'' having agricultural value and having orchard and tubewell, 5 etc. on the entire land but the LAC arbitrarily, illegally without any justification, reason and without legal evidence has categorised the land in two category i.e. A & B, which is absolutely illegal and against the facts admitted by the LAC and law applicable in the present case.
5 It is also the case of the petitioner that the LAC has also admitted that the Rect. No.106 to 132 are situated near the village Jharoda Mazra Burari & Burari and the land of the said rectangle numbers are of category A but the LAC assessed the market value of the said rectangle numbers for category B which is absolutely arbitrary, unjust & against the finding of fact on record. The LAC, without applying his mind and verifying the market value of the land in question, has announced the award on the basis of minimum price fixed by the Govt. which is not permissible under the provisions of LA Act. The LAC has classified the land under acquisition in two different categories on the basis of his own whims and desires which is absolutely against the policy of the Govt. and provisions of LA Act. The land of the petitioner is about at a distance of 4/5 kms from the river bed of Yamuna/ Bandh and does not fall within the riverbed side. The land of the petitioner as per the revenue record is a pure agricultural land and having more potential value for the purpose of agricultural produce as well as building site. On these grounds among others, the petitioner has filed this reference petition claiming Rs.10,000/ per sq. yard for the 6 land besides 30% solatium, 12% additional amount, 15% interest and other damages & compensation of Rs.50,00,000/ on account of change of business due to part acquisition of the land and all the benefits and statutory interests as provided under the amended Act 1984.
6 The UOI, in its written statement, has raised the main objections on the grounds among others that land has been acquired for the public porpose namely for Bio Diversity Park, PhaseII at Burari under the Planned Development of Delhi. Notices u/s 9 & 10 were issued to the land owners/ interested persons inviting claims of the land. Pursuant to the notices, claims were filed by the affected persons claiming different value of the land. After considering all the claims of the land owners/ interested parties, the LAC made and pronounced the award in question u/sec. 11 of the LA Act. The claim of the petitioner with respect to measurements, apportionment and compensation of the land or structure has been admitted by UOI to the extent of section 19 statement of the LA Act and the award no.02/LAC/N/200506. The compensation assessed by the LAC is sufficient and reasonable and it reflects the true market value prevailing at the time of the notification u/s 4 of the LA Act. Various factors were taken into account while assessing the market value. The petitioner is claiming excessive and exorbitant market value of the land. DLR Act is applicable to the land in dispute. The petitioner is not 7 entitled for compensation in respect of any construction or structure which was raised without the sanction of law. However, it is stated that at the time of issuance of notification u/sec. 4 of the Act, there were no structures, tree, well on the land in question except mentioned in the award and the statement u/sec. 19 of the LA Act in question. The land in question is not surrounded by any developed or undeveloped colony and can be used for agricultural purposes only. The claim of the petitioner is time barred as the petitioner had the full knowledge of announcement of the award. The LAC has categorized the land into two categories on the basis of survey carried out as per fertility and user of the land. The ''Do Fasli'' land of standard quality was included in blockA and the land between the forward bandh and was included in blockB. 7 It is further stated that the LAC in order to assess the fair market value of the land adopted the indicative price fixed by the Govt. of NCT of Delhi for the agricultural land in Delhi as Rs.15,70,000/ per acre for the year 20012002 conveyed by the order No.F9(20)/80/L&B/ LA/670412 dt. 09.08.2001 which are applicable w.e.f. 01.04.2001. The LAC adopted the indicative price fixed by the Govt. of NCT of Delhi as 15,70,000/ per acre for the category of land falling in blockA. For blockB quality of land between the forward bandh was placed in the blockB and the market value as per the indicative price was fixed at Rs.5,05,000/ per acre. The market value of the land was assessed as per the rate 8 prevailing during the corresponding period even for land besides other statutory benefits. The LAC rightly assessed the market value of the land keeping in view all the aspects enumerated u/s 23 & 24 of the LA Act. Thus, the LAC assessed the fair market value of the land after considering the level of development, locality and situation of the area of the land in question. All other averments except matter of record made in the reference petition have been denied.
8 DDA, in its written statement, has raised the objections on the ground that the LAC, while making award No.2 of 200506 relating to the village Burari, Delhi, had taken into consideration the market value of the land on the basis of sale deeds of the adjoining lands of the area as well as all other documents which were made available and produced before the LAC. Moreover, the area of the land and other appurtenance/ amenities/ facilities were also taken into consideration while assessing the compensation by the LAC. The amount awarded by the LAC in the present case is adequate, sufficient, just and legal. It is based on cogent and reliable evidence and hence there is no scope for enhancement of the amount of compensation. It is also stated that the present reference petition is barred by the period of limitation. Without prejudice to the aforesaid objections, DDA has not admitted the petitioner to be the owner/ bhumidar of the land in question. However, DDA has admitted to the extent that the land vide 9 bearing khasra nos.109/8 total measuring 4 bighas 16 biswas situate in the revenue estate of village Burari, Delhi was acquired by the LAC vide the award no.02/200506 and the physical possession of the land in question has also been delivered by the LAC and L&B Department to DDA on 29.05.2006 and after taking the possession, the same has been further transferred to Sh.V.K.Bhatia, JENorthern DivisionNo.5 of DDA on the same date i.e. 29.05.2006. All other averments made in the reference petition except matter of record have been denied by DDA.
9 On the pleadings of the parties, the following issues were framed by this Court on 06.02.2008 which are as under :
1 What was the market value of the land in question at the time of issuance of notification U/s 4 of the LA Act? Onus on parties.
2 Whether the petitioner is entitled to enhancement in compensation, if so, to what amount? OPP 3 Relief
10 The counsel for the petitioner, in support of his case, has tendered in evidence the certified copies of khasra Girdawaries for the year 200208 of village Burari, Delhi as Ex.P1 (colly) and also adopted the same evidence as led in similar reference i.e. LAC No.226/1/07 titled Raj Bal Vs UOI. Whereas, the counsel for the respondents have tendered in evidence the copy of the award no.2/LAC/N/200506 pertaining to village Burari, Delhi as Ex.R1, 10 the photocopy of sale deed dt. 22.05.2003 executed by Sh.Ram Kumar in favour of Sh.Anil Kumar Bhatia as MarkA, the photocopy of certified copy of the registered sale deed registered on 21.01.2003 executed by Smt.Bimla Devi in favour of Sh.Birender Yadav as Ex.R/X1, photocopy of certified copy of registered sale deed registered on 22.11.2003 executed by Sh.Ram Phal & Ors in favour of Smt.Nisha Tyagi as Ex.R/X2 and photocopy of certified copy of registered sale deed registered on 02.01.2004 executed by Sh.Daya Nand & Ors in favour of Smt.Shobha Tyagi W/o Sh.Tilak Ram Tyagi & Smt.Usha Tyagi W/o Sh.Raj Bal Tyagi as Ex.R/X3 (certified copies of the said sale deeds have already been exhibited in the similar reference in LAC No.226/1/07 entitled Raj Bal Vs UOI).
11 I have heard the Ld. Counsel for the parties and have perused the entire records. My issuewise findings are as under : ISSUE NOS. 1 & 2 12 Before deciding these issues, let us examine whether the reference petition has been filed by the petitioner within the limitation period. DDA has raised the objection in its written statement that the reference petition is barred by the period of limitation. The award in question was announced on 07.01.2006 and the reference petition has been filed by the petitioner before the LAC vide the diary No.352/ADM/N on 17.02.2006. In the 11 present reference petition, the petitioner has averred that the he has not received any notice u/sec. 9, 10, 11 & 12 of the LA Act nor the copy of the award has been supplied by the office of the LAC to the petitioner till date and as such the petitioner is not aware about the contents of the award. In this context, a reliance can be placed upon the judgment reported as Bharat Chand Dilwali Vs UOI 1988, RLR 224 wherein it was held by the Hon'ble High Court of Delhi that bare knowledge of the award is not enough. Parties must have knowledge of the contents of the award. Further in Rajjan Hirabhai Motibhai & Ors Vs Deputy Collector, Land Acquisition and Rehabilitation, Panam project, Godhra and Ors AIR 1995 Gujrat 170, it was held by the Hon'ble High Court of Gujarat that Collector has not merely to intimate parties about passing of award but he has to communicate essential contents of award, if not copy of award. The counsel for the respondents have not led any evidence on record that the essential contents of the award were communicated and the petitioner had constructive or actual knowledge of the award at the time of announcement of the award by the LAC and the reference petition is barred by limitation. Therefore, I hold that the reference petition has been filed within the period of limitation.
13 Now, I shall decide the issue nos.1 & 2. Both the issues are interconnected and I shall decide both the issues together. The onus to prove these issues is upon the petitioner and the 12 respondents. The petitioner has claimed for enhancement in compensation of the land in question on the aforesaid grounds mentioned in the reference petition which are not repeated herein for the sake of brevity. It has been held in several judgments of the Hon'ble Supreme Court as well as the Hon'ble High Court of Delhi that while assessing the market value of the land which is sought to be acquired by the government, situation, nature, potential/ user and neighbouring land, etc, is to be considered. In this context, I would prefer to rely upon the judgments of the Hon'ble Supreme Court of India as well as the Hon'ble High Court of Delhi. The basic test was laid down by the Hon'ble Supreme Court in Special Dy. Collector & Anr. Vs Kurra Sambasiva Rao & Others, AIR 1997 SC 2625 and it was held that :
''The court is required to keep at the back of its mind that the object of assessment is to arrive at reasonable and adequate market value of the lands. In that process, though some guess work is involved. Feats of imagination should be eschewed and mechanical assessment of the evidence should be avoided. Even in the absence of oral evidence adduced by the Land Acquisition Officer or the beneficiaries, the judges are to draw from their experience the normal human conduct of the parties and bona fide and genuine sale transactions are guiding star in evaluating the evidence. Misplaced sympathies or undue emphasis solely on the claimants right to compensation would place very heavy burden on the public exchequer to which other everyone contributes by direct or indirect taxes'' In Spl. Tehsildar, Land Acqn. Vishakhapatnam Vs Smt. A. Mangala Gowri AIR 1992 Supreme Court 666, it was held by the Hon'ble Supreme Court of India that :13
''In determining the market value of the land, the price paid in sale or purchase of the land acquired within a reasonable time from the date of the acquisition of the land in question would be the best piece of evidence. In its absence the price paid for a land possessing similar advantages to the land in the neighbourhood of the land acquired in or about the time of the notification would supply the date to assess the market value. Where there were bona fide and genuine sale transactions in respect of the same land under acquisition wherein the claimant who was vendee had sold at Rs.5 per sq. yard, the High Court would not be justified in excluding such transactions and placing reliance on award of some other land for awarding compensation at the rate of Rs.10 per sq. yard, within a time lag of nine months from the bona fide transaction by seller.'' In the case of Shakuntalabai (Smt) & Ors. Vs. State of Maharashtra, reported as (1996) 2 SCC 152 wherein it was held by the Hon'ble Supreme Court of India that when on record there is evidence of the value of the acquired land itself, then it is unnecessary to travel beyond that evidence and consider the market value prevailing in the adjacent land. The relevant portion of the aforesaid judgment reads as under :
''It is seen that if there is evidence or admission on behalf of the claimants as to the market value commanded by the acquired land itself, the need to travel beyond the boundary of the acquired land is obviated. The need to take into consideration the value of the lands adjacent to the acquired land or near about the area which possessed same potentiality to work out the prices fetched therein for determination of market value of the acquired land would arise only when there is no evidence of the value of the acquired land. In a case where evidence of the value of the acquired land itself is available on record, it is unnecessary to travel beyond that evidence and consider the market value prevailing in the adjacent lands.'' 14
14 In the present reference, the LAC, in the award no.2/LAC/N/ 200506 which is Ex.R1, has mentioned that these are the proceedings for determination of compensation u/sec. 11 of the LA Act, 1894 for the agricultural land measuring 1448 bighas 11 biswas situated in the revenue estate of village Burari, Delhi for public purpose namely for the ''Development of BioDiversity Park, PhaseII''. The aforesaid land was notified u/sec. 4 of the LA Act, 1894 vide No.F.11(30)/2003/L&B/LA/6600 dt. 18.07.2003. The objections received were heard and a report thereof u/sec. 5A of the LA Act, 1894 was sent along with the original objections to the Secretary, Land & Building Department. The notification u/sec. 6 of the LA Act was also made vide no.F.11(30)/03/L&B/LA/23254 dt. 08.01.2004. The notices u/sec. 9 & 10 of the said Act were issued to all interested persons and claims filed by them has been discussed hereinafter under the head ''Claims & Evidence''. The area under acquisition as given in the declaration u/sec. 6 of the LA Act was measured on the spot by the field staff of land acquisition. Details of the land as found on surveys have been mentioned under the head ''Measurement and True Area'' from page nos.1 to 11 and the details of the 114 interested persons who have claimed compensation of the acquired land have also been mentioned from page nos.11 to 30 in Ex.R1/ award in question. In the head ''Claims & Evidence'', the LAC has stated that in response to notice under sec. 9 & 10, as many as 114 claims were received. In the 15 claim, no documentary evidence was furnished in support of market price for land claimed except the award of Jharoda Mazra Burari, consolidation report from the office Kanoongo showing the variation in the value of land and khasra Girdawari which has been seen and given due weightage. Except this, the claim are not only exorbitantly high but also not supported by any other credible documentary evidence. Hence such claim do not reflect the true market value of land hence rejected. The report regarding valuation of orchards submitted by Horticulture Department, Govt. of Delhi is accepted for evaluation of orchards. All other unsubstantiated claims are also not accepted.
15 In the head ''Market Value'', the LAC has discussed that the market value of the land under aquisition is to be determined with reference to the date of notification u/sec. 4 of the LA Act, 1894 which is 18.07.2003 for determination of the market value of the land under acquisition. On scrutiny, it was found that the total land of 1448.01 bighas under acquisition is ''Do Fasli'' land having agricultural value and having orchards and tube well etc. on it. Although, the land is divided in two categories category ''A'' 12.44 acres and category ''B'' 289.22 acres. Category ''A'' being pure agricultural and Category ''B'' being the land similar to the land acquired under award of Jharoda Majra Burari under award No. 05/LAC/CL/2000 i.e. on the eastern side of forward bunds and not suppose to burdhi or baramadi & the land of rectangle nos.106, 16 115, 116, 125, 126, 133 & 132 is at the intersection of village Jharoda Majra Burari & Burari. As per the statement u/sec. 19 of the LA Act forwarded by the LAC, the land bearing khasra no.109/8 total measuring 4 bighas 16 biswas situated in the revenue estate of village Burari, Delhi as per his share in the revenue record which has been acquired by the LAC vide the award/ Ex.R1 and the aforesaid land has been placed in 'B' category land. 16 Now, let us first examine whether the LAC has rightly placed the land in question in B category land. The award is no doubt the basis which reveals as to how the LAC considers the materials placed before him while assessing the market value of the acquired land. The entire land including the land in question has been acquired for the purpose of permanent development of Bio Diversity Park Phase II at Burari, Delhi vide the award/ Ex.R1. The LAC in award Ex.R1 has specifically discussed that on scrutiny, it was found that the total land of 1448.01 bighas under
acquisition is ''Do Fasli'' land having agricultural value and having orchards and tube well etc. on it. The LAC in Ex.R1 has further stated that the land placed in category A is pure agricultural and the land placed in category B is the land similar to the land acquired under award of Jharoda Majra Burari vide the award no.5/LAC/CL/2000 i.e. on the eastern side of forward bundhs and not suppose to Burdhi or Baramadi & the land of Rect. No.106, 115, 116, 125, 126, 133 & 132 is at the intersection of village Jharoda 17 Majra Burari and Burari. The petitioner has adopted the same evidence as led in similar reference i.e. LAC No.226/1/07 titled Raj Bal Vs UOI & Anr. This reference court, after having considered all the materials placed on record, has already decided the case of Raj Bal (Supra) on 14.07.2008. Now, I have referred to the award/ judgment dt. 14.07.2008 while deciding this reference. The petitioner, in the case of Raj Bal (Supra), examined Sh.Suraj Bhan, Halka Patwari, village Burari, D/C Office (North), Civil Lines, Delhi as PW2 who has proved on record the AksSizra as Ex.PW2/1 and deposed that he has seen the land under acquisition. The entire land under acquisition is cultivable land. In some portion of the acquired land, there are orchards and the possession of the same taken over. PW2 therein further deposed that the entire land under acquisition was Do Fasli (two crops) land. During cross examination, PW2 therein deposed that there is no Yamuna river in village Burari. As per record, there is no bundh towards the eastern side of the acquired land. River Yamuna is towards east at a distance of about 1 ½ kms from the acquired land and the distance which PW2 stated is from the boundary of village Burari towards Sabhapur. PW3 therein proved on record the report prepared by Dr.Murari Lal, Director, Horticulture on 22.09.2004 as Ex.PW1/1. The petitioner therein also filed the report of the consolidation authorities. On the aspect of consolidation proceedings, the petitioner therein also examined Sh.Rajender Prakash, Office Kanungo, Tehsil Building, Tis Hazari, Delhi as PW4 who proved the 18 field book as Ex.PW4/1 (93 sheets) according to which the lands placed in category A & B were having the same standard value of 12 annas, therefore, having the same potential value i.e. agricultural land.
17 The counsel for the petitioner, in support of his case, has relied upon the same judgments as relied upon by the counsel for the petitioner in Raj Bal case (Supra). In the judgement reported as Sham Krishan Chandiwala & Anr. Vs Union of India (1978) 14 DLT 83, it was held by the Hon'ble High Court of Delhi that :
''In our opinion, the distinction has no relevance because the acquisition was for Planned Development of Delhi and the potentiality of the land would be the same whether it was Aabi or Chahi or Rosli.'' In the reported judgment dt. 03.11.1998 titled as Chander Bhan & Ors Vs UOI IX (1998) SLT 27, a large extent of land in village Rangpuri near Palam Airport was notified for acquisition vide notification dt. 03.12.1971 issued u/sec. 4 of the LA Act for Planned Development of Delhi. Simultaneously, notifications dt. 03.12.1971 were also issued for acquisition of land in village Nangal Dewat and Shahbad Mohd. Pur. Some plots of land of village Rangpuri were acquired vide award no.94/197273 dt. 12.03.1973. The LAC while assessing the market value of the acquired land covered by the aforesaid award divided the said land into two blocks and fixed 19 Rs.3,300/ and Rs.2,200/ per bigha for block A & blockB respectively. The claimants being dissatisfied with the offer of compensation preferred reference petitions u/sec. 18 of the LA Act. The Ld. ADJ enhanced the compensation to Rs.4,800/ per bigha in respect of blockA and Rs. 3,200/ in respect of blockB. However, the appellants before the Hon'ble Supreme Court being not satisfied with the compensation awarded by the Ld. ADJ preferred appeals before the Hon'ble High Court. The Hon'ble High Court assessed the market value of the appellants acquired land at Rs.13,000/ per bigha. Still not satisfied with the rates of compensation determined by the Hon'ble High Court. The Appellants came to the Hon'ble Supreme Court by filing special writ petitions. It was held by the Hon'ble Supreme Court that :
''The High Court in the said case awarded uniform compensation @ Rs.13,000/ per bigha. In the present case, it was found by the High Court that the acquired land in village Nangal Dewat and the appellants' land are similarly situated, therefore, the rates of compensation should be uniform. Accordingly, the High Court assessed the market value of the land at Rs.13,000/ per bigha. Thus, according to us the judgment of the High Court under appeal is neither perverse nor illegal and does not call for any interference, since it is based on correct appreciation of evidence on record and proper application of law to the established facts.'' In the reported judgment dt. 03.02.1995 titled as Rameshwar Solanki & Anr. Vs Union of India & Anr. 57 (1995) DLT 410 (DB), it was held by the Hon'ble High Court that :20
''Counsel for the appellant has stated that in a number of cases, this court has decided that when large scale acquisition is made and the entire village is acquired for planned development, it would be appropriate to take the entirety of the land of the village as one unit, and not determine the market value of the land, of each of the land holders in the entire village. In other words, that the acquisition price for the village has to be at a uniform rate. For this purpose, reference is made to (1997 44 DLT 342 (DB), (Chet Ram and others V. Union of India). We are in agreement with this contention of the appellant that the land in the village having been acquired for planned development of Delhi, should be paid for at the uniform rate.'' In the reported judgment dt. 19.04.1991 titled as Chet Ram & Ors.
Vs UOI 44 (1991) DLT 378 (DB), it was held by the Hon'ble High Court that :
''Fixing different rates in respect of land situated in the same revenue estate acquired by the same notification is not justified.''
18 In the judgment dt. 11.05.2006 passed by the Hon'ble High Court of Delhi in LA Appl. No.866/2005 along with other LA Appl nos. in the case entitled as Sh.Mahender Singh Vs UOI & Ors., it was held by the Hon'ble High Court that :
''....The categorisation of land has weighed heavily with the Collector and even the reference Court in providing different market value for the acquired land. In fact the Collector on a wrong assumption has noticed in his award that inferior quality of land relating to alleged pits and gaddas to the depth of 3 fit were there on the land and expenditure was incurred in filling up the same, therefore, the value of category B land has been fixed 21 at a lower rate. The Collector or the Court could arrive at these findings only on the basis of evidence on record. As already noticed, there was no evidence before them on record of the case file. The respondents have failed to support the findings of the Collector in regard to categorisation of land in the revenue estate of village Bawana by any reliable, cogent and admissible evidence.
41 In view of our afore discussion, we are of the considered opinion that the judgment under appeal to some extent suffers from factual and errors or law. As a court of appeal, these errors must be corrected. We hold that the claimants are entitled to the following reliefs:
(a) The order maintaining the categorisation of the acquired land into groups A and B is set aside. All claimants, whose lands have been acquired vide notification dated 15th November, 1996 in the revenue estate of village Bawana would be entitled to uniform rate of compensation.
(b) The claimants would be entitled to increase in the awarded amount of comepnsation from 1st April, 1996 to 15th November, 1996 (the date of notification under section 4 under the Act) @ 11.5% compounded annually on the compensation awarded by the Reference Court/ Collector that would roughly give them total enhanced compensation of Rs.1,99,904.68 p. Per bigha.....'' In the reported judgment in LPA No.279 of 1984 as Kehar Singh & Ors. Vs Punjab State through Land Acquisition Collector, Punjab, PWDB & R, Jullundur & Ors 148 the Punjab Law Reporter (Vol. CI 19921), it was held by the Hon'ble Punjab & Haryana High Court that :
''The courts of law would generally be disinclined to categorise the land and would be inclined to evaluate the entire land at a flat rate whenever it has got the potentialities for being used for residential, commercial and industrial purposes. The factum of the land being situated in a compact block is another 22 consideration which must weigh with the court to do away with the belting system. The location of the land in urban area is another factor leading towards the grant of flat rate when the entire land is acquired by one notification. Even suburban properties near or around the Municipal Town can have the same potentilaities until and unless evidence to the contrary is produced.'' Generally, orchard starts to develop at least 10 to 12 years and no evidence has been filed by the respondents that the land under acquisition are low laying. The counsel for the petitioner - herein on the aspect of orchard over the acquired land has also relied upon the judgment reported as Joginder Singh Saini Vs State of Haryana & Anr AIR 1981 Punjab & Haryana 171.
19 Whereas the counsel for the respondents, in support of their arguments, have also relied upon the same judgments which were relied upon by them in the case of Raj Bal (Supra). In the judgment dt.19.03.1996 reported as Ludhiana Improvement Trust Vs Brijeshwar Singh Chhal & Anr. (1996) 9 SCC 188, it was held by the Hon'ble Supreme Court that :
''Belting is a fair principle to determine just and adequate compensation lest unjust award would ensure. When a large extent of land is acquired, land abutting the roads or developed area and interior land do not command the same market value. When it is proved that the lands are situated in a lowlying area, obviously the lands situated at a levelled area would command higher market rate than the lands situated in a lowlying area.'' 23 In the reported judgment dt. 25.10.1996 passed by the Hon'ble Supreme Court in Civil Appeal No.14553 of 1996 in the case entitled as Smt.Indira Sohan Lal (dead) by LRs Vs. UOI AIR 1997 SC 1907, it was held that :
''Grant of uniform lower rate for lands in which there are deep pits of an extent of 8 to 10 feet is proper in absence of any compelling material.'' In the reported judgment dt. 25.07.1995 titled as Topandas Kundanmal, since deceased thereafter by his heirs and LRs & Ors. Vs State through the Land Acquisition Officer, Jamnagar & Ors. (1995) 5 SCC 336, it was held by the Hon'ble Supreme Court that :
''Burden lies on claimant to prove prevailing market value as on the date of notification. Determination of market value on square foot basis is improper unless it is established that the acquired lands are situated in already highly developed residential or industrial area where regular sales are on square foot basis.'' In the reported judgment dt. 17.08.2007 titled as Gafar & Ors. Vs Moradabad Development Authority & Anr. (2007) 7 SCC 614, it was held by the Hon'ble Supreme Court that :
''Burden is on claimants to establish that compensation awarded to them was not adequate. The use to which the authorities intended to put the land has to be discarded while determining compensation.''
20 The LAC has himself admitted in the award Ex.R1 that the entire land is agricultural land i.e. Do Fasli which has not been 24 contradicted by any evidence on behalf of the respondents. The LAC has not distinguished as to how the land was purely agricultural and semiagricultural and no reasons & basis have been mentioned by the LAC in the award for placing the land in category A & B. The LAC has simply placed the land under acquisition in category A & B on the basis of the award pertaining to Jharoda Majra Burari. UOI in para no.3 of preliminary submissions in its written statement has admitted that the land in question can be used for agricultural purposes only. The land placed in category B is the low laying is the creation of the counsel for the respondents. The respondents have not examined any witness showing the truthness of the award/ Ex.R1. Further, no land under acquisition is recorded in the revenue record as Burdhi or Baramadi and no basis has been discussed by the LAC in the award Ex.R1 as to how the aforesaid land is at the intersection of village Jharoda Majra Burari and Burari. The report of the Horticulture Department, Govt. of Delhi Ex.PW1/1 in LAC No.226/1/07 has been considered by the LAC in the award Ex.R1 and the Horticulture Department has itself mentioned in its report that the land situate in this belt is very fertile with best soils for agriculture in Delhi and the orchards have trees of kikkar, neem, mango, ber, popular sehtoot, Jamun, shisham, Guava, etc. meaning thereby, the orchard land is better placed and existence of orchard itself shows that there was never Aviliation - Deviolation, therefore, the land with orchard are not prone to floods. The 25 petitioner herein has proved on record the khasra girdawaries for the year 200008 as Ex.P1 (colly) which also reveals that the land in question was under cultivation. PW2 in Raj Bal case (Supra) further proved that the entire land under acquisition was Do Fasli (two crops) land and PW2 therein admitted that there is no Yamuna river in village Burari. PW2 therein further admitted that as per record, there is no bundh towards the eastern side of the acquired land. River Yamuna is towards east at a distance of about 1 ½ kms from the boundary of village Burari towards Sabhapur. It reveals from the testimony of the aforesaid PW2 that the acquired land was neither prone to floods nor to Aviliation - Deviolation. PW4 in LAC No.226/1/07 entitled Raj Bal Vs UOI proved the field book as Ex.PW4/1 (93 sheets) according to which the lands placed in category A & B were having the same standard value of 12 annas, therefore, having the same potential value i.e. agricultural land. Therefore, in view of the above detailed discussion, evidence led and also the judgments relied upon by the parties in the present reference as well as the similar reference in LAC No. 226/1/07 Raj Bal Vs UOI & Anr., I am of the considered opinion that the standard value and potential of the land in question was also of the A category as similarly situate land in Raj Bal case, therefore, the land in question placed in category B is of the similar nature, potential and having the same market value as of A category land on the date of acquisition u/sec. 4 of the LA Act. Thus, I hold that the petitioner' land is the agricultural land and the petitioner herein is 26 entitled to uniform compensation for the land in question at Rs.15.70 lacs per acre i.e. the rate assessed by the LAC for category A land.
21 Now, let us further examine whether the LAC has rightly, sufficiently & reasonably assessed the true market value of the land in question prevailing at the time of notification u/sec. 4 of the LA Act. The LAC followed two methods of valuation of land. In one method, the transaction of sales of similar land in nearby vicinity was taken into consideration and it was found that no data as to comparable sales is available making the method inheritant. In the second method, the indicating price fixed by the Govt. of NCT of Delhi for agricultural land as Rs.15.70 lacs per acre conveyed by letter No.F9(20)/80/L&B/LA/670412 dt. 09.08.2001 was taken into consideration and is taken as the basis for arriving at the market value for different block of land based on Base the indicative price of land agricultural land fixed by Govt. of Delhi. As Rs.15.70 lacs per acre has been taken as the market value of land for category A. For category B, the value of land between forward bunds has been fixed by Delhi Govt. is Rs.5,05,000/ is given.
22 In LAC No.226/1/07 entitled Raj Bal Vs UOI & Anr., the petitioner therein examined Sh.Raj Bal/ petitioner no.1 as PW1 who proved on record the certified copy of the sale deed dt. 09.12.1993 executed by Sh.Ram Kumar S/o Sh.Tara Chand and 27 Sh.Rajesh Kumar in favour of the Motor & General Finance Ltd. as Ex.PW1/2 which revealed that the agricultural land measuring 5 bighas 7 biswas owned by Sh.Ram Kumar S/o Sh.Tara Chand r/o village Burari, Delhi and the agricultural land measuring 2 bighas 8 biswas owned by Rajesh Kumar S/o Sh.Ram Kumar r/o village Burari, Delhi total measuring 7 bighas 15 biswas bearing Mustvatil No.19, Killa No.26 situated in the area of village Burari, Delhi was sold to the M/s Motor and General Finance Ltd., a company limited by shares and registered under the Indian Companies Act, 1956 having its registered office at 17B, Asaf Ali Road, New Delhi through its Director Sh.Rajiv Gupta S/o Sh.Ved Prakash Gupta R/o B16, Greater KailashI, New Delhi in consideration of the sum of Rs.39,17,000/. The counsel for the petitioner, in support of his arguments, has relied upon the reported judgment dt. 19.01.1998 titled as Land Acquisition Officer Revenue Divisional Officer, Chittor Vs L.Kamalamma (Smt) Dead by LRs & Ors K.Krishnamachari & Ors (1998) 2 SCC 385, it was held by the Hon'ble Supreme Court that :
''When a land is acquired which has the potentiality of being developed into an urban land, merely because some portion of it abuts the main road, higher rate of compensation should be paid while in respect of the lands on the interior side it should be at lower rate may not stand to reason because when sites are formed those abutting the main road may have its advantages as well as disadvantages. Many a discerning customer may prefer to stay in the interior and for away from the main road and may be willing to pay a reasonably higher price for that site. One 28 cannot rely on the mere possibility so as to indulge in a meticulous exercise of classification of the land as was done by the Land Acquisition Officer when the entire land was acquired in one block and therefore classification of the same into different categories does not stand to reason.'' 23 A reliance was also placed upon the judgment reported in Rani of Vuyyur Vs Collector of Madras, 1969 1, Mad LJ (SC) 45, the Hon'ble Supreme Court has led down that the highest value of sale should be preferred to the rest, unless there are strong circumstances justifying a different course. In State of Rajasthan Vs Jeo Raj & Anr. AIR 1990 Rajasthan 90, sale deeds in respect of comparable lands were considered and it was held by the Hon'ble High Court of Rajasthan that sale deed fetching highest value to be preferred and no reason was given by the authorities for taking into consideration the sale fetching minimum price, therefore, compensation was enhanced. In Land Acquisition Officer & Mandal Revenue Officer Vs. B.Narasaiah (2001) 3 SCC 530, it was held by the Hon'ble Supreme Court that any party supporting or objecting to a transaction recorded in a sale deed whose certified copy has been accepted as evidence by court is free to adduce other evidence to substantiate his stand in respect of the transaction. In the judgment dt. 25.05.2006 in LAAPP No.189 91/2006 & CM 4033/2006 titled Jai Singh & Ors Vs UOI & Anr and also in other LAAPP numbers passed by the Hon'ble DB of the High Court of Delhi wherein the sale deeds as well as price indicated in the policy of the Govt. have been considered. The relevant part of 29 the aforesaid judgment for fixing the fair market value of the land in question herein reads as under:
''The claimants have also claimed enhancement on the price indicated in the sale instances or even in the policy of the Government as they are quite prior to the issuance of the Notification under section 4 of the Act. They claim 12% increase per annum on the consideration referred to in these documents for determining the fair market value of the acquired land. To support their claim of 12% increase annually, they have relied upon a Division Bench judgment of this court in the case of Rameshwar Solanki & Another Vs. Union of India & Another 57 (1995) DLT 410 (DB). Ex.R2 is the policy declared by the Government on 30.04.1990 fixing the minimum price for acquisition of agricultural land. This price is uniformally applicable to the entire Delhi without exception. Needless to note that is the minimum price and not the fair market value of the acquired land as contemplated under section 23 of the Act. If claimants are to be given some increase may be 12% per annum then the claimants would be entitled to nearly Rs.1,59,284/ per bigha as the intervening period between the date of notification and the policy of the Government is more than 3 years. It has not been disputed that this policy was subsequently amended and the minimum price of agricultural land has been fixed at Rs.10 lakhs per acre with effect from 01.04.1997, which has already been noticed in a recent judgment of this court in the case of Sh.Mahender Singh Vs. Union of India & Others (LA Appl. No.866/2005 decided on 11.05.2006). The amount stated in this policy only indicates general prevalent price of agricultural land in the opinion of the Government but it necessarily need not be enforced against the Government because it is for the parties to lead evidence in support of their claims and when they led evidence, they have to abide by the result thereof.
Sale deeds relating to the acquired land or of the same village is the best piece of evidence where a willing buyer and a willing seller enters into a sale transaction, which otherwise is genuine and is of a reasonable time prior to the acquisition can safely be lodestar for analyzation of the complex issue of determination of fair market value of the land. Besides the judgment referred above, even in the 30 case of Special Tehsildar, Land Acquisition, Vishakapatnam Vs. Smt.A.Mangala Gowri AIR 1992 SC 666 the Supreme Court indicated that the sale transaction of acquired land within a reasonable time would be the best piece of evidence. It is also settled principle of law that reliance upon awards, judgments and even the policy of the Government would be made by the court only in absence of such best evidence. The first and primary method for computation of fair market value of land is relatable to the sale instances of land in the same village. It is also the settled principle that 1/3 market value should be deducted for developments of the land. Even in the cases of A. Mangla Gauri and Rameshwar Solanki (Supra) relied upon by the claimants, 1/3 deduction was held to be just and fair. Ex.P3 in our opinion could not have been ignored by the Ld. Reference Court. Golden Rule of Averages could have been safely applied by the Reference Court for determining the fair market value of the land. Ex.R4 indicates the value of the agricultural land in village Mundaka @ Rs.1 lakh per bigha. This sale deed was executed on 14.03.1994 i.e. nearly 6 months subsequent to the date of notification dt. 15.10.1993 issued under section 4 of the Act while Ex.P3 was executed on 27.02.1990 whereby the land in village Mundaka was sold for Rs.1,25,000/ per bigha. Giving a reasonable increase on the value reflected in Ex.P3 for the intervening period of 3 years, the amount would come to nearly Rs.1,70,000/ per bigha while reducing the amount of R4 at the same rate for the intervening period of 6 months, the amount would come to Rs.94,000/ per bigha and average of both of them would give market value of Rs.1,32,000/ per bigha.'' 24 In the present reference, the petitioner has also relied upon the sale deed executed on 09.12.1993 which has been filed in evidence in Raj Bal Case for fixing the market value of the acquired land as on 18.07.2003. The Hon'ble High Court of Delhi in the aforesaid case of Jai Singh & Ors (Supra) has held that the sale deeds relating to the acquired land or of the same village are the best piece of evidence which should be of the reasonable time prior 31 to the acquisition but the sale deed relied upon by the petitioner herein is of the year 1993 which is much prior to the date of notification i.e. 18.07.2003. As per the said judgment in the case of Rani of Vuyyur (Supra), there are the strong circumstances justifying a different course in the present reference i.e. indicative price fixed by the Govt. vide letter dt. 09.08.2001 which are within a reasonable time of the notification dt. 18.07.2003 u/sec. 4 of the LA Act in this reference. Therefore, the sale deed executed on 09.12.1993 which was proved as Ex.PW1/2, in my considered opinion & in view of the aforesaid judgments of the Hon'ble Supreme Court of India and the Hon'ble High Court of Delhi, cannot be considered as the genuine sale transaction for fixing the fair market value of the acquired land in question as on 18.07.2003.
25 The petitioner in the case of Raj Bal also proved the sale deed dt. 15.09.2006 as Ex.PW1/3 thereby the land measuring 3 bighas 3 biswas i.e. 1/8th share of the land measuring 25 bighas 5 biswas out of khasra nos.22/10 (416), 11 (416), 19/2 (209), 20 (4
16), 21 (504) & 22/2 (304) situate in the revenue estate of village Jharoda Majra Burari, Delhi was sold to Ram Avtar S/o Sh.Chaman Lal R/o H63, Kirti Nagar, New Delhi by Sh.Ramesh Malik S/o late Sh.Jhanda Ram R/o 662/1, ward No.21, Gurgaon, Haryana for a sum of Rs.1,00,00,000/. The petitioner in Raj Bal case further proved the registered sale deed dt. 03.09.2007 as Ex.PW1/4 executed by (1) Sh.Ram Kumar S/o late Sh. Chand Kiran (2) 32 Sh.Dharambir Singh & (3) Sh. Sukhbir Singh - both sons of late Sh.Sohan Lal (¾ share) (4) Sh. Bal Kishore & (5) Sh.Manoj Kumar -
both sons of late Sh.Tara Chand (¼ share) - all residents of village & Post office Burari, Delhi in favour of Sh.Ripudaman Tyagi S/o late Sh.Ram Nath Tyagi R/o A805, Shastri Nagar, Delhi52 thereby the land measuring 4 bigha 16 biswas bearing Khasra No.36/2 (4
16) situate in the revenue estate of village Burari, Delhi was sold for a sum of Rs.90,00,000/. The petitioner in Raj Bal case also proved the registered sale deed dt. 03.09.2007 as Ex.PW1/5 executed by (1) Sh.Ram Kumar S/o late Sh. Chand Kiran (2) Sh.Dharambir Singh & (3) Sh. Sukhbir Singh - both sons of late Sh.Sohan Lal (¾ share) (4) Sh. Bal Kishore & (5) Sh.Manoj Kumar - both sons of late Sh.Tara Chand (¼ share) - all residents of village & Post office Burari, Delhi in favour of Sh.Ripudaman Tyagi S/o late Sh.Ram Nath Tyagi R/o A805, Shastri Nagar, Delhi52 thereby the land measuring 3 bigha 7 biswas bearing Khasra No.21/22/1 (307) situate in the revenue estate of village Burari, Delhi was sold for a sum of Rs.60,00,000/. Since the aforesaid sale deeds Ex.PW1/3 to Ex.PW1/5 pertains to the years 2006 & 2007 respectively which have been executed after the land in question acquired on 18.07.2003, therefore, the aforesaid sale deeds Ex.PW1/3 to Ex.PW1/5 which are of subsequent years have not been considered for fixing the fair market value as on 18.07.2003 in Raj Bal case, therefore, the same are also not applicable to the land in question which is similarly situated in the present reference.
3326 The petitioner in the case of Raj Bal (Supra) further proved the certified copies of the agreement to sell & purchase and the statements filed & recorded in evidence respectively in LAC No.140/1/06 entitled Sh.Ramesh Chand Vs UOI as Ex.PW1/6 (colly) which pertains to the issue involved therein for enhancement in compensation of the acquired land situate at Jharoda Majra Burari, Delhi vide the award no.5/2000. The agreement to sell and purchase markA & B in Ex.PW1/6 (colly) which were filed in the above said reference are the photocopies and the same are unregistered. The Hon'ble High Court of Delhi in the case of J.C. Mehra (Supra) has held that sale transactions are different from mere agreement to sell since such transactions are accompanied with other documents including GPA, SPA, Will, Affidavits and full consideration is paid. Whereas, in the said reference i.e. LAC No.140/1/06 only the agreement to sell markA & B were executed which cannot be treated as sale transaction. Therefore, in view of the above judgment of the Hon'ble High Court of Delhi in the case of J.C. Mehra (Supra), I hold that the above said agreement to sell and purchase dt. 15.10.1999 i.e. MarkA & B cannot also be taken into consideration as the basis for fixing the fair market value of the land acquired as on 18.07.2003.
27 Whereas, the counsel for the respondents have relied upon the photocopy of the registered sale deed dt. 22.05.2003 vide regd. no.2380 in Book no.1, volume no.765, pages from 162 to 171 as 34 MarkA. In MarkA, the land measuring 1 bigha 10 biswas out of khasra no.1/17 (014), 14/5 (016) situate in the area of village Kamalpur Majra Burari, Delhi as per revenue records was sold for a total consideration of Rs.1,00,000/ only. The sale deed MarkA pertains to different village, therefore, it cannot be relied upon for fixing the fair market value of the land in question. Further, the respondents have proved on record the photocopy of certified copy of the sale deed for the land measuring 1 bigha (1000 sq. yards) of village Burari, Delhi for a sum of Rs.1,00,000/ executed by Smt.Bimla Devi W/o Sh.Sukhbir Singh in favour of Sh.Virender Yadav S/o Sh.Bishwanath Yadav vide regd. no.345 in book no.1, volume no.683 entered in page nos. 75 to 80 on 21.01.2003 as Ex.R/X1. The photocopy of certified copy of sale deed for the land measuring 5 bighas 19 biswas out of khasra no.53/2/2 (115) & 53/3 (404)situate at village Burari for a sum of Rs.6,32,000/ executed by Sh.Ram Phal & Ors in favour of Smt.Nisha Tyagi W/o Sh.Hariom Tyagi vide regd. no.5996 in book no.1, volume no.906, at page nos. 188 to 197 on 22.11.2003 as Ex.R/X2 and photocopy of certified copy of sale deed for the land measuring 2 bighas 10 biswas 5 biswansi vide khasra no.116/15/2 (116) & 115/10 (01405) situate in village Burari, Delhi for a sum of Rs.2,65,651/ executed by Sh.Daya Nand & Ors in favour of Smt.Shobha Tyagi W/o Sh.Tilak Ram Tyagi & Smt.Usha Tyagi W/o Sh.Raj Bal Tyagi vide regd. no.32, book no.1, volume no.937 at page nos.120 to 127 on 02.01.2004 as Ex.R/X3. The certified copies of the aforesaid sale deeds Ex.R/X1 35 to Ex.R/X3 have already been exhibited in the similar reference i.e. LAC No.226/1/07 entitled Raj Bal Vs UOI & Anr. Ex.R/X1 pertains to the same village i.e. Burari which was executed prior to the acquisition of the land in question. So far as Ex.R/X2 & Ex.R/X3 are concerned, these sale deeds were executed after the acquisition of the land in question. It is pertinent to mention here that the Joint Secretary (L&B), Delhi Administration, Vikas Bhawan, New Delhi vide the letter dt. 03.05.1990 addressed to the ADM (LA), Tis Hazari, Delhi regarding fixation of minimum price of agricultural land in the Union Territory of Delhi has also considered and observed that it has been noticed that the LACs while determining the rates of compensation for lands being acquired under the LA Act determine the rate of compensation primarily on the basis of the average of sale deeds registered. Since there is a serious problem of undervaluation of land for the purpose of registration of sale deeds, the compensation received by the farmers/ landowners from the LACs for lands being acquired for public purposes is much below the market price. In the present reference, the LAC fixed the market value of the category A land at Rs.15.70 lacs per acre vide the award in question and I have already held above that the land in question is of category A land, meaning thereby, the fair market value of the land in question was at Rs.15.70 lacs per acre as on 18.07.2003, therefore, the above mentioned sale deeds proved by the respondents can also not be considered which are at lower side than the rates fixed by the LAC for category A land. 36 28 The Ld. Counsel for the petitioner herein has relied upon the same arguments which were addressed by the counsel for the petitioner in the case of Raj Bal Vs UOI on the aspect if this reference court does not consider the sale deeds proved by the petitioner in their evidence, however not admitted by the counsel for the petitioner, for fixing the market value of the acquired land and the reference court agrees with the rate fixed by the LAC as per the indicative price fixed by the Govt. of NCT of Delhi then the petitioner is entitled to increase @ 11.5% per annum on the compensation amount assessed by the LAC from 09.08.2001 i.e. the date of indicative price fixed by the Govt. for agricultural land to 18.07.2003 i.e. the date of notification u/s 4 of the LA Act. In this context, the counsel for petitioner has relied upon the aforesaid judgment dt. 11.05.2006 passed by the Hon'ble High Court of Delhi in LA Appl. No.866/2005 along with other LA Appl nos. in the case entitled as Sh.Mahender Singh Vs UOI & Ors. In the said judgment, the Hon'ble High Court of Delhi also referred its own judgment dt.27.04.2006 in LAAPP No.91/2005 passed by the Hon'ble High Court of Delhi in Gajraj Singh Vs UOI & Anr wherein it was held that:
''In view of the absence of any documentary evidence on record to the contrary, I find Rs.10.00 lakhs per acre to be the most reasonable price for best kind i.e. the land falling in 'A' block as on 1.4.97. Since originally, it was proposed to increase the price of land @ 10% per annum on and above the price of Rs.4.65 lakhs per acre (fixed by previous decision of govt. of National Capital 37 Territory of Delhi which came into effect from 27.04.90) but finally decision was taken to round if off to Rs.10.00 lakhs per acre which effectively gives an increase of about 11.5% per annum compounded. Since the notification under section 4 was issued on 15.11.96 and the price of the land is to be determined on the date of notification under section 4 itself therefore, I have given a compounded increase of about 11.5% per annum upto the financial year 199697 and I, accordingly, determine the market value of the 'A' Block land @ Rs.8,95,200/ per acre or Rs.1,86,500/ per bigha.
As far as assessment of land falling in 'B" block is concerned, attention is required to be paid to the quality of the land. As stated earlier, this land has 'Gadhas' and 'Bhatta Crund''. From this land earth has been taken out for making bricks. It is the general practice to lease out the land to the Bhatta owners who removes earth from the land for making bricks, for a consideration. Thus the landowners have already got some compensation for their land, which has now become of inferior quality. For the assessment of this inferior land, it would be appropriate here that landowners should not be given the amount which they have already received in consideration of removal of earth from their land.
For arriving at this amount, inquiries were made and it came to my notice that for removing earth up 34 feet Rs.1.20 lakh to 1.30 lakh per acre is paid as lease consideration. In a recent award No.1/9798 of village Bawana announced by the undersigned on 4.7.97, I have given a deduction of Rs.1.20 lakh per acre in the market value of 'B' Block land from that of 'A' Block land. As such, I assess the market value of 'A' block land @ Rs.7,75,200/ per acre or Rs.1,61,500/ per bigha. In addition to the market value fixed above, land owner will be entitled to all other benefits as per the provision of the Act.
This also had the approval of the reference court. The apparent defect in the award is that while giving benefit by adding the value of the land @ 11.5% per annum, no benefit has been given to the claimants for the period from 1.4.96 to 15.11.96, the date of acquisition of their land. Seven to eight months is a material 38 period for considering the benefit to be given on an immovable property in the case of compulsive acquisition. The reference court as well as the Collector have accepted that the claimants would be entitled to the advantage in increase of price of their lands@ 11.5% compounded annually as the original price under the old policy was fixed @ Rs.4.65 lacs per acre w.e.f. 1.4.90. While, it was raised to Rs.10 lacs per acre w.e.f. 1.4.96. This error is manifest in the impugned judgment and in the award of the Collector. The claimants have been given compensation @ Rs.8,95,200/ per acre while they should have given compensation at the rate computed as per the Collector's award even if maintained @ Rs.9,49,173/ per acre. In terms of the judgments of the High Court and as approved by the Supreme Court in Om Prakash's case (Supra) and by the High Court in Jai Lal's case, the claimants would certainly be entitled to higher compensation than the one awarded by the reference court.'' 29 Since, the Hon'ble High Court of Delhi in the aforesaid cases i.e. Mahender Singh & Gajraj Singh (Supra) has given compounded increase @ 11.5% annually on the compensation awarded, therefore, my decision is also supported with the aforesaid judgments of the Hon'ble High Court of Delhi and also the award/ judgment dt. 14.07.2008 passed by this reference in LAC No.226/1/07 entitled Raj Bal Vs UOI & Anr. Thus, I hold that the petitioner herein is entitled to compounded increase @ 11.5% annually on the compensation amount of Rs.15.70 lacs per acre fixed by this reference court of the land in question as per his share from the date i.e. 09.08.2001 till the date of acquisition of the land i.e. 18.07.2003 which roughly comes to the total enhanced compensation of Rs.19,20,568/ per acre (total amount fixed at Rs.19,20,568/ per acre Rs.5,05,000/ per acre assessed by the LAC 39 = Rs.14,15,568/ per acre enhanced) as on 18.07.2003. The petitioner has not led any evidence for other claims as averred in the reference petition, therefore, he is not entitled for the same. These issues are answered accordingly.
RELIEF 30 In view of my findings on the above issues, the petitioner is entitled to compensation for category A land as per his share at Rs.15.70 lacs per acre and the petitioner is also entitled to compounded increase @ 11.5% annually from the date of financial year i.e. 09.08.2001 till the date of acquisition of the land i.e. 18.07.2003. Therefore, I fix the market value at Rs.19,20,568/ per acre as on 18.07.2003 (i.e. total amount fixed at Rs.19,20,568/ per acre Rs.5,05,000/ per acre assessed by the LAC = Rs.14,15,568/ per acre enhanced) of the land bearing khasra no.109/8 total measuring 4 bighas 16 biswas situate at village Burari, Delhi as per the statement u/sec. 19 of the LA Act vide the award no.2/200506. Besides it, the petitioner shall also be entitled to get additional amount u/sec. 23 (1A) of LA Act @ 12% per annum on the said increase from the date of notification u/sec. 4 of the LA Act till the date of award or dispossession, whichever is earlier. The petitioner shall also get solatium u/sec. 23 (2) of LA Act @ 30% on the said increase in compensation and interest u/sec. 28 of LA Act @ 9% per annum for the first year from the date of dispossession and @ 15% per annum on the difference between the enhanced compensation 40 i.e. increase awarded by this court and the compensation awarded by the LAC for the subsequent period till the payment. The petitioner is further entitled to interest on solatium and additional amount in terms of judgment of Hon'ble Apex court titled Sunder Vs UOI reported in DLT 2001 (SC) 569. This reference is answered accordingly.
A copy of this award be sent to the concerned LAC to make the payment of the enhanced amount of compensation to the petitioner within three months from today. While making the calculations due regard shall be made to deduct the amount initially arrived at by the LAC to avoid any duplication. There shall be no order as to costs. Decree sheet be prepared accordingly. The file be consigned to Record Room.
Announced in open court ( YASHWANT KUMAR )
on 07.08.2008 ADDL. DISTRICT JUDGE (LAC)
DELHI
41
LAC No. 227/1/07
07.08.2008
Present None
Vide separate award dictated and announced in the open court, this reference is answered accordingly.
A copy of this award be sent to the concerned LAC to make the payment of the enhanced amount of compensation to the petitioner within three months from today. While making the calculations due regard shall be made to deduct the amount initially arrived at by the LAC to avoid any duplication. There shall be no order as to costs. Decree sheet be prepared accordingly. The file be consigned to Record Room.
( YASHWANT KUMAR ) ADJ/LAC/DELHI/07.08.2008