Delhi District Court
Budh Singh Through Lrs & Ors. vs . Uoi & Ors. on 7 April, 2016
Budh Singh through LRs & Ors. vs. UOI & Ors.
In the Court of Additional District Judge02, South District, Saket Court
Complex, Sixth Floor, Room No. 602, Saket New Delhi
In the matter of :
LAC No. 232/2011
Unique No. 02403C0215702010
Reference received from LAC on : 01.07.2010 (LAC 13/10)
Date of Institution : 15.2.2011 (LAC 232/11)
Decision Reserved on : 06.04.2016
Date of Decision : 07.042016
1. Shri Budh Ram @ Budh Singh (deceased), S/o Late Jia Ram
Through LRs :
(i) Shri Hari Kishan, R/o H. No. 71, Village Kilokri, New Delhi Son
(ii) Shri Tej Ram Son
(iii) Shri Ram Lal Sharma Son
Both R/o H. No. 79, Village Kilokri, New Delhi.
2. Shri Ram Chand (deceased), S/o Late Jia Ram
Through LRs :
(a) Shri Hari Kishan, R/o H. No. 71, Village Kilokri, New Delhi Nephew
(b) Shri Tej Ram Nephew
(c) Shri Ram Lal Sharma Nephew
Both R/o H. No. 79, Village Kilokri, New Delhi.
(d) Shri Diwan Chand, S/o Late Jia Ram, Son
R/o House No. 71, Village Kilokri, New Delhi.
3. Shri Diwan Chand, S/o Late Jia Ram,
R/o House No. 71, Village Kilokri, New Delhi. ... Petitioners
Versus
1. Union of India, through Land Acquisition Collector,
Office at D.C. Office, M.B. Road, Saket, New Delhi.
2. Delhi Development Authority, through its Vice Chairman,
INA, Vikas Sadan, New Delhi. ... Respondents
LAC No. 232/2011 Page 1 of 11
Budh Singh through LRs & Ors. vs. UOI & Ors.
AWARD (by the Court under section 26 of the Land Acquisition Act, 1894 on reference petition under section 18 of the Act, 1894) 1.1 (Introduction) The petitioners are seeking enhancement of amount of compensation in respect of land acquired, while not agreeing with and accepting the amount offered in award by the Land Acquisition Collector. Whereas, respondents stand by the Award that amount determined is correct and it represents fair market price.
For deciding the petitioners' reference petition u/s 18 of the Land Acquisition Act 1894 (in brief the Act, 1894) read with statement u/s 19 of the Act sent by the Land Acquisition Collector, Delhi, the relevant dates, features and facts are given below:
(i) Date of notification U/s 4 of the Act 23.06.1989 (iia) Date of notification U/s 6 of the Act 22.6.1990 (iib) Date of notification U/s 17 of the Act 22.6.1990
(iii) for Project Planned Development of Delhi Channelization of Yamuna river
(iv) Location/Name of Village Kilokari (va)Award Number U/s 11 of Act by LAC 14/9293 & date of award 19.6.1992 (vb) Area under acquisitionin question 295 bigha 06 biswas (vc) area/share of petitioners 50 bigha10 biswas (vd) Date of taking possession 27,12,1990 & 22.9.1995 (via) Date of reference petition to LAC 03.08.1994 (vib) Petition referred to Court on 18.10.2011
(vii) Revised statement U/s 19 of the Act 1894 05.04.2016 LAC No. 232/2011 Page 2 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
1.2 Pursuant to preliminary notification dated 23.06.1989 under section 4 of the Land Acquisition Act, 1894 (in brief the Act, 1894), followed by declaration by notification dated 22.6.1990 under sections 6 and 17 of the Act, 1894, the Government acquired chunk of lands of Village Kilokari Delhi by award for channelization of river the Yamuna. The lands of petitioners were also acquired, which was measuring 50 bigha 10 biswa {hereinafter referred as land acquired} as per revised statement dated 5.4.2016 U/s 19 of the Act. All concerned were heard, inclusive of the interested persons applied before Land Acquisition Collector and considering the location of land, the Land Acquisition Collector determined market value of land as Rs. 27,344/ per bigha. Whereas the petitioners had claimed compensation @ of Rs. 1000/ per square yards besides other statutory benefits. Thereafter, the petitioners preferred their joint reference petition under section 18 of the Act, 1894 against respondents no. 1 / Land Acquisition Collector, Delhi. The petition along with statement under section 19 of the Act, 1984 has been sent to the Court by the Land Acquisition Collector to decide the reference (by giving details of acquired area and amount of compensation with details of share of each petitioners, dates of amount of compensation paid). LAC No. 232/2011 Page 3 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
Petitioners' Case 2.1 Petitioners are not agreeing to the amount offered in the said Award, they filed a reference petition under section 18 of the Act, 1894 before Land Acquisition Collector, Delhi. The petitioners seek enhanced compensation.
2.2 The petitioners dissatisfied with the impugned Award of LAC that the market value of the lands have not been correctly assessed and awarded. The petitioners lands are surrounded by developed and posh colonies such as Kalindi, Maharani Bagh, New Friends Colony, which was developed in 1961 and acquired land has great residential and commercial potentials, which the Collector failed to consider, while assessing market value of land. The Collector failed to consider that under notification dated 13.11.1959 u/s 4 of the Act, 1894 the Hon'ble High Court had determined the value @ Rs. 61,000/ per bigha, thus market value of the land could not be less than Rs. 500/ per sq. yards. The the market rate of land is not less than Rs. 10000/ per sq. yards in open market at relevant date of notification and even at government reserve price, the value is not less than Rs. 10,000/. Lastly, the Collector failed to take into account prices of land in Jaitpur acquired recently, which was fixed @ Rs. 4.65 lacs per acre besides other benefits. The petitioners land has been wrongly categorized LAC No. 232/2011 Page 4 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
as sailab. That is why the present petition that the value of land is Rs. 1000/ per square yards and other benefits inclusive of interest vis a vis compensation of 5 lacs for loss of business and Rs.10 lacs for severance of land. However the petitioners and gair marusis have already compromised and received the compensation in the ratio of 50% : 50%. 2.3 However, petitioner no. 1 and petitioner no. 2 expired during pending of the petition, their respective legal representatives were brought on record by order dated 19.10.2010, their names are reflected in the array of parties.
2.4 The defendant no. 2 DDA was impleaded on application of DDA and notice was served on DDA on 23.08.2011.
Respondents' Case
3. The petition has been opposed by the respondents. They have not filed the formal reply to the petition. Issues 4.1 On 17.4.2012, Ld. Predecessor framed the following issues for determination :
1. What was the market value of acquired land on the date of issuance of notification U/s 4 of the L A Act?
2. To what enhancement in compensation if any, are the petitioners LAC No. 232/2011 Page 5 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
entitled?
3. Relief.
Evide nce 4.2 In order to establish the issues the petitioners were given opportunity to lead evidence. Petitioner no. 1's LR Shri Ram Lal / PW1 entered into witness box for all the petitioners, he also tendered copies of judgment LAC No. 292/11 Hari Kishan/Hari Kishan (Ex. PW1/4) of village Kilokari of same area and award, under section 18 of Land Acquisition Act besides judgments on surrounding areas {which were passed by Ld. Predecessor in case LAC No. 74/08 Lakhmi Chand & others Vs Union of India & another (Ex. PW1/1); LAC No. 75/08 Smt. Sudesh Bhatia Vs UOI & others (Ex. PW1/2) of Village Behlolpur Khadar, LAC No. 224/11 Jagdish Gulati Vs Union of India & others judgment dated 29.11.2011 read with review order dated 10.1.2012 of Village Jasola Ex. PW1/3)} to claim higher compensation as determined in other cases, instead of what was pleaded in the petition and then evidence was closed. PW1 has been cross examined by the respondent no. 1.
4.3 The respondent no. 1 through Counsel Shri S. K Puri, Advocate has tendered Award (now Ex. R1) on 04.11.2015. Then evidence was closed by the respondent no. 1. None appeared and LAC No. 232/2011 Page 6 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
tendered evidence for DDA/respondent no. 2.
Final Hearing
5. At the juncture of final hearing, Shri Rajesh Gupta, Counsel for petitioners and Shri S.K. Puri, Counsel for UOI / respondent no. 1 advanced their respective submissions. During arguments, some discrepancy was realized about the total area or shares of the petitioners in the land acquired. Thus, revised statement U/s 19 has been filed, now no dispute is left with regard to areas shown in such statement. FINDINGS 6.1 The contentions are assessed, in the light of material on record including testimony of the petitioners' witness, their submissions and the counter submissions visavis judgments relied upon by the petitioners. Now the issues are taken one by one. 6.2 Issue No. 1 and 2
1. What was the market value of acquired land on the date of issuance of notification U/s 4 of the L A Act?
2. To what enhancement in compensation, if any, are the petitioners entitled ?
Both the issues are taken together, since it involves common discussions. As appearing, the onus to prove both issues lies on LAC No. 232/2011 Page 7 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
petitioners. On the one side the petitioners are not satisfied with the amount awarded in Award (Ex. R1) and on the other side respondents opposed the claim that Land Acquisition Collector has awarded the amount after considering, location, potentiality to use the land as well as other relevant factors, while determining the market value land and other compensation.
Their contentions are also assessed and considered, in the light of material on record including testimony of the petitioner's witness, their submission and the counter submissions visavis verdict of Hon'ble High Court of Delhi in Bed Ram Vs Union of India [LA AAP No. 59/2007 dod 07.06.2011], the Hon'ble High Court of Delhi has determined Rs. 89,600/ per bigha as market value of the land on the date of preliminary notification, which was also followed by this court in Faqir Chand Vs Union of India LAC No. 35/2011 decided on 19.05.2015 and LAC No. 292/11 Har Kishan/Hari Kishan decided on 01.09.2015. There is no contrary evidence by the respondents on these aspects. Moreover, it is settled law that two equals cannot be treated unequally, therefore, the petitioners are to be treated equally with others. Therefore, on 23.6.1989 the market value of land was Rs. 89,600/ per bigha, whereas the market value determined by the Land Acquisition Collector was Rs. 27,344/ per bigha. The petitioners LAC No. 232/2011 Page 8 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
have succeeded to establish issues in their favour that market value of land was Rs. 89,600/ per bigha on the date of preliminary notification and they are entitled for compensation @ Rs. 89,600/ per bigha, consequently amount of Rs. 62,256/ per bigha stand enhanced. These issues stand disposed off.
Issue No. 3 - Relief
7. In view of the findings given on Issues No. 1 and 2, above, the petitioners are held entitled for compensation @ Rs. 89,600/ per bigha by enhancing the compensation from amount of Rs. 27,344/, which was awarded by the Land Acquisition Collector in respect of petitioners' land acquired measuring 50 bigha 10 biswa (each petitioner is having share land acquired as detailed in the revised statement dated 05.4.2016 under section 19 of the Act, 1894); the compensation @ Rs. 62,256/ per bigha stand enhanced; besides 30% solatium under section 23(2) of Act, in lieu of compulsory acquisition of land, interest @ 12% per annum under section 23(1A) from the date of notification upto the date of award by LAC or date of taking of possession, whichever is earlier; 9% interest on excess amount awarded by court (from the date of possession of land to payment of excess amount in the court, for/within one year) and 15% per annum LAC No. 232/2011 Page 9 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
interest on such excess amount for subsequent period of one year till amount is deposited in court. Since each petitioner has shares in land acquired as detailed in the revised statement under section 19 of the Act, 1894, the amount will be payable as per those shares, revised statement dated 05.04.2016 will constitute part of this judgment. As petitioners no.1 and 2 are dead, their amounts will be paid to their respective LRs equally, arrayed in the title of this Award. It would be subject to adjustment of earlier payment received by them.
8. It is apparent from the record that date of award is 19.06.1992, the reference petition was filed on 03.8.1994 before Land Acquisition Collector but it was sent to court on 01.07.2010, to say it took more than 16 years to refer the case to the court, in this period generations of two petitioners have been changed. There is also no explanation by Land Acquisition Act either in the statement U/s 19 of the Act, 1894 or otherwise about delay for referring the reference. There is prescribed period of limitation U/s 18(2) of the Act, 1894 for interested person to file reference petition and on the same analogy, the Land Acquisition Collector ought to refer the reference petition in reasonable time. The period of 16 years is certainly not a reasonable period. These LAC No. 232/2011 Page 10 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
aspects are recorded as a matter of record, being reminder to the respondent no. 1, that reference should be sent to court in time and to expedite other petitions, if any lying with it.
9. The reference petition stands answered. Both the sides will bear their own costs. Memo of costs be drawn. A copy of this Award be sent to Land Acquisition Collector, Delhi, for necessary information, action and immediate compliance for remittance of amount visavis to follow the aspect mentioned in para 8 of this Award.
File be consigned to record room.
Announced in the open Court today (Inder Jeet Singh) Guruvaar, Chaitra 18, Saka 1938 Addl. District Judge02 (South) Saket, New Delhi / 07.04.2016 LAC No. 232/2011 Page 11 of 11 Budh Singh through LRs & Ors. vs. UOI & Ors.
LAC No. 232/2011 07.04.2016 Present : Proxy counsel for Shri Rajesh Gupta, Counsel for petitioners.
Proxy counsel for Shri S.K. Puri, Counsel for UOI / respondent no. 1.
None for DDA / respondent no. 1.
During the course of arguments, heard on 06.04.2016, the total area of land reflected in the revised statement under section 19 of the Act 1894 is 295 bigha 06 biswa and are of petitioners' land / share is of 50 bigha 10 biswa.
Vide separate Award by the Court announced today, the reference petition stands answered. Both the sides will bear their own costs. Memo of costs be drawn. A copy of this Award be sent to Land Acquisition Collector, Delhi, for necessary information, action and immediate compliance for remittance of amount visavis to follow the aspect mentioned in para 8 of this Award.
File be consigned to record room.
N (Inder Jeet Singh)
Addl. District Judge02 (South),
Saket, New Delhi / 07.04.2016
LAC No. 232/2011 Page 12 of 11