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: 2: LAC 271A/06 - Mukhtyar Singh etc. Vs. UOI

2. The Land Acquisition Collector (hereinafter referred to as "the Collector") passed the Award no. 26/2002-2003 dated 23.10.2002 u/s 11 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). The Collector determined the market value of the land under acquisition @ Rs. 13.82 lacs per acre in Block A and @ Rs. 12.32 lacs per acre in Block B in addition to other statutory benefits as per provisions of the Act.

: 3: LAC 271A/06 - Mukhtyar Singh etc. Vs. UOI

7. The Collector committed error in holding and classifying the acquired land. The acquired land is acquired for Dwarka Phase II which has potential value for commercial, residential and industrial purposes. The acquired falls within the vicinity of developed area for commercial as well as residential purposes.

8. The Collector failed to consider that acquired land is situated near IGI airport, railway station of Bharthal, railway terminal of Bijwasan, Dwarka Phase I, Delhi Jodhpur Broad gaudge railway line, national highway and tourist point at Chhawla. The Collector failed to consider that acquired land was urbanized by Government of India vide notification under Section 507 of the MCD Act.

10. Union of India contested the claim and taken the preliminary objection that Delhi Land Reforms Act is applicable and petition is time barred. The land under acquisition is not surrounded by any developed or undeveloped colony and used for only agricultural purposes. There were : 4: LAC 271A/06 - Mukhtyar Singh etc. Vs. UOI no trees, well or tube well at the time of publication of notification u/s 4 of the Act. On merits, all the averments are denied. It is stated that petitioners are not entitled to enhancement of compensation and petition is liable to be dismissed.

: 10: LAC 271A/06 - Mukhtyar Singh etc. Vs. UOI

26. Counsel for Union of India relied on the following judgments :-

(1)Smt. Tribeni Devi & Ors. Vs. The Collector, Ranchi AIR 1972 Supreme Court 1417.
(2)Adussumilli Gopalkrishna Versus Spl. Deputy Collector (Land Acquisition) AIR 1980 Supreme Court 1870.
(3)Suresh Kumar Versus Town Improvement Trust, Bhopal AIR 1989 Supreme Court 1222 (4)Spl. Tehsildar Land Acquisition Vishakhapatnam Vs. Smt. A. Mangala Gowri AIR 1992 Supreme Court 666 (5)Jawajee Nagnatham Vs. Revenue Divisional Officer, Adilabad, AP and others. (1994) 4 Supreme Court Cases 595 (6)P. Ram Reddy and others Vs. Land Acquisition Officer, Hyderabad Urban Development Authority (1995) 2 Supreme Court Cases 305 (7)Agriculture Produce Market Committee Vs. Land Acquisition Officer and Asstt. Commissioner & Anr. Etc. JT 1996 (9) S.C. 432 (8)Shakuntalabai and Ors. Vs. State of Maharashtra (1996) 2 Supreme Court Cases 152 (9)Special Dy. Collector and another etc. Vs. Kurra Sambasiva Rao and others AIR 1997 Supreme Court 2625 (10)Satpal & Ors. Vs. Union of India AIR 1997 Supreme Court 3882 (11)Kanwar Singh & Ors Vs. Union of India VIII (1998) SLT 515 (12)Lt. Governor of Delhi & Ors. Versus Gurpratap Singh & Ors. 113 (2004) Delhi Law Times 690 (DB) : 11: LAC 271A/06 - Mukhtyar Singh etc. Vs. UOI