Document Fragment View
Matching Fragments
2. Facts and circumstances giving rise to this appeal are that:
A. Land comprised in Khasra Nos. 752(4-16), 753(4-16), 765(4-16), in all 24 bighas, in which the appellant had 1/3rd share and Khasra Nos. 757 (6-15), 758(4-17) and 761(4-16), in all 16 bighas 8 biswas (full share), situated in revenue village Aali, Delhi, stood notified under Section 4 of the Act for the purpose of construction of Ash Pond at Badarpur Thermal Power Station on 16.10.1992 alongwith a huge tract of land belonging to other persons in different villages. B. In respect of the said land, a declaration under Section 6 of the Act was made on 23.3.1993. The award under Section 11 of the Act was made on 6.6.1994 assessing the market value of the land of the appellant @Rs.4,65,000/- per acre.
iv) That the Revenue Estate of Aali is surrounded by adjacent villages such as Badarpur, Madanpur Tekhand and Tughlakabad.
iii) That the land of village Aali is better situated and has more potential value village Jaitpur as the land of village Aali is near to Delhi and main Mathura Road.
iv) That the Land Acquisition Collector should have assessed the market value of the land in question on the basis of the judgment of the courts of surrounding villages as Tughlakabad, Tekhand, Badarpur, Madanpur Khadar. Several awards of the Collector or courts are based on the sale transactions of each other being same area and same potential value."
17. The Reference Court while determining the market value of the land recorded the following findings:
"Since the instances of sale in land in village Aali relied by respondents and referred by LAC in the Award are available the sale prices of the land in village Jasola, Tughlakabad and Badarpur is not required to be looked into. Further it has not been proved on record in case the potentiality and quality of land in village Jasola and Tughlakabad is the same as that of village Aali and as such the sale deeds pertaining to aforesaid villages cannot be relied upon to assess the market value in village Aali. It has further come on record in other cases pertaining to same award the village Madanpur Khadar is located between village Jasola and Aali and distance between two villages is about 3 Kms. Further Mathura Road is stated to be about 6 Kms. from the acquired land. Even village Tughlakabad and Badarpur are more beneficially located than village Aali. For the foregoing reasons, the rate of land in village Jasola, Badarpur and Tughlakabad cannot be compared to assess the rate of land in village Aali and Ex.P7, 8, 9 and 10 are not relevant.
It may also be observed that the acquired land on the date of notification under Section 4 was being utilized for agricultural purposes and no electrical and municipal connection for water was available. Even the purpose of acquisition in adjacent land, falling in village Jaitpur was for construction of ash pond and as such there could not have been any substantial appreciation of prices, as no building activities could have taken place. In view of above, the land in village Aali cannot be compared with villages Jasola and Tughlakabad."