Document Fragment View
Fragment Information
Showing contexts for: leasehold plot in Jas Rath vs Union Of India on 4 September, 2001Matching Fragments
15. Learned counsel for the claimant/appellant wanted to place reliance on a few instances of sales alleged to have been affected. But it is important to note that neither the vendor nor vendees were produced. No doubt it is true that Section 15(A) of the Act which was inserted by Land Acquisition (Amendment) Act, 1984 enables the courts to admit certified copies of Sale Deed in evidence and it is open to the Court to act on the document regarding the transaction recorded in such document, but it is still open for the Courts, whether to rely upon such sale deed or not, in the absence of vendor or vendee being produced in order to show that it is a bona fide transaction. Reference be made in this regard to a recent decision of Supreme Court in Land Acquisition Officer & Mandal Revenue Officer v. V. Narasaiah 2001 (3) SCC 530. In any case mere production of certified copies, in the absence of further evidence as regards comparison of the land with the land acquired, for which amount of compensation is to be assessed, may not be sufficient. In the absence of such evidence in the instant case there is other material on record which would enable us to arrive at a fair market value of the land as n the date of notification, viz., the offer of the DDA inviting applications for leasehold plots of the sizes of 26, 32, 48, 60 and 90 sq. mts. @ Rs. 100/-, Rs. 125/-, Rs. 150/-, Rs. 200/- and Rs. 200/- per sq. mt. respectively in adjacent Rohini Complex. These plots were offered on perpetual leasehold rights basis in Rohini Scheme with a restriction that the lessees will not be entitled to transfer the plot before or after the erection of the building, without the prior permission of the Lesser. Such permission will not be given for a period of ten years from the commencement of the lease unless, in the opinion of the Lesser, exceptional circumstances exist for the grant of such permission.
16. It is admitted position that part of the land of village Rithala which had already been acquired in 1961 for the purpose of establishing Rohini stood developed prior to issuance of notifications in question. The Rohini Scheme had also become operational in February, 1981, when brochures were issued by Delhi Development Authority. As such it would not be unreasonable to infer that as on the dates of notification, which are subject matter of these appeals issued under Section 4 of the Act, there was a tremendous potential for the remaining land of village Rithala for being used for purposes of raising residential and commercial constructions. Considering this potentiality, the acquired land has to be valued not on the basis that it had already been built up but considering the possibility of it being used for building proposes, which possibility admittedly existed as on the date of the relevant notifications. Instances for the market value being the market value at which developed leasehold plots, though smaller in size were offered by Delhi Development Authority.
20. In case before issuance of notifications under Section 4 of the Act developed plots in the vicinity could be applied for before DDA on leasehold basis for price between Rs. 100/- to Rs. 200/- per sq. meter and in case the market rate for realization of unearned increase prevalent as on the date of notification was Rs. 400/- for residential plots, we are of the view that in a developed colony the average market value can easily be taken for leasehold plots at Rs. 150/- per sq. meter and for freehold plots the market value would in any case be almost double of the same. Therefore, we may take the mean figure at Rs. 200/- per sq. meter as wholesale price of freehold plots in a developed condition. After allowing a reasonable deduction towards costs of development and considering the large extent of land to the extent even beyond maximum 60%, the retain market value would work out at Rs. 80/- per sq. mt. or in other words at Rs. 95.67 per sq. yard. We will take this figure to be Rs. 95/- per sq. yard which in our opinion would be the fair market value for such of the lands which were acquired through notifications issued under Section 4 of the Act between 20.2.1981 to 13.3.1981. In order to fix market value as on 31.12.1981 an increase of 12% p.a. would reasonable one. Thus as on 31.12.1981 the fair market value would be Rs. 87/- per sq. mt. or in other words at Rs. 104.05 per sq. yard. We will take this figure to be Rs. 104/- per sq. yard.