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18. A notification dated 24-10-1994 (Exb. P-1/6) issued under Section 507 of Delhi Municipal Corporation Act wherein various villages including Village Dhool Siras and Bharthal declared part of urban area. A public notice was issued on 23-08-1993 inviting the objections for change of land use of 1996 Hectares of land bounded by Oil Pipeline, Najafgarh Road, Rewari Railway Line, Najafgarh Drain and Bijwasan Road which is now known as Dwarka Phase II. Thereafter a notice dated 16-10-2000 under Section 11-A of Delhi Development Act was issued and Master Plan of Delhi was modified. The land use was changed from rural zone to residential, commercial etc. He further pointed out that acquired land of the Petitioner falls under the notification dated 16-10-2000.

20. Counsel for petitioner contended that the LAC while fixing the market value of the acquired land @ Rs. 13.82 lacs per acre relied on minimum rates fixed by Government for agricultural land as on 01-04-2000. The LAC erred in fixing the market value as agricultural land. He did not consider the change of land use under acquisition as per Master Plan which was modified on 16-10-2000 wherein petitioner' land use was changed from agricultural to residential, commercial, industrial etc. Counsel for Petitioner relied on judgments of Jai Lal Vs. UOI 94 (2001) DLT 429 and Om Prakash Vs. UOI 112 (2004) DLT 891 (SC). The LAC also not considered the notification dated 24-10-1994 issued under Section 507 of Delhi Municipal Corporation Act whereby villages Dhool Siras and Bharthal ceased to be part of rural area of Delhi and formed part of urban area of Delhi.

: 9 of 38 : LAC 161 A/06 / Anil Kumar Vs. UOI

21. Counsel for petitioner contended that market value of the land under acquisition required to be fixed keeping in view the above said vital facts of Master Plan 2001 and notification under Section 507 of Delhi Municipal Corporation Act in respect of change of land use. The land of petitioner is the part of Vasant Vihar Tehsil, District South West. According to notification dated 16-04-1999 (Exb. P-1/45), as per circular the residential schedule shows the rate of Rs. 11,550/- per square metre and commercial rate of Rs. 24,150/- per square metre. As per documents proved on record Exb. PW-19/1 to Exb. PW-19/5 show that approved predetermined rates for Dwarka for land allotted to CGHS was Rs. 4,374/- per square metre for 2000-01, for alternative plot Rs. 3832 and for industrial was Rs. 4380. The rates for institutional allotment of Dwarka were Rs. 447.30 lacs per acre and auction reserve rate was Rs. 49,500/- for the year 2006-07 and average auction rate was Rs. 1,76,020/- per square metre. As per Exb. P-1/27, DDA fixed the auction rates of Rs. 54,450/- per square metre and according to Exb. PW-22/3, plot of land was sold for Rs. 1,76,020/- per square metre on 23-08-2006.

22. Counsel for petitioner contented that LAC should have considered urbanization in the locality of the acquired land of the village and development taken place in the surrounding area and applied the method of determining the market value of the land as highlighted herein above. Counsel further relied on Awards of village Mangolpur (Exb. P-1/29) and village Mohammad Pur (Exb. P-1/30) wherein LAC considered the notification under Section 507 of Delhi Municipal Corporation Act and passed the award. He further submitted that while fixing the market value of the land, potentiality and future prospects are also required to be considered. The LAC did not consider the sale deeds filed by the villagers : 10 of 38 : LAC 161 A/06 / Anil Kumar Vs. UOI Exb. P-1/11 to Exb. P-1/18 in respect of Village Pochanpur and Exb. P-1/19 of village Samalkha. According to these sale deeds, total land measuring 42 Bigha 10 Biswa was sold for Rs. 16 crores.