Document Fragment View

Matching Fragments

vi) The land use of the area as per the award : Residential

3 The facts leading to the filing of the present petition are that the notification dated 18.02.2003 under Section 4 of the L.A. Act, 1894 was issued by the Land Acquisition Collector (hereinafter referred to as "LAC") for acquisition of land/properties coming in the way of construction of Grade Separator-Cum-Road Over Bridge at GT Road Shahdara Delhi situated in the Revenue Estate of Village Chandrawali @ Shahdara, which was followed by the Notification dated 07.10.2003 under Section 6 of L.A. Act, 1894. Keeping in view the use of the land under acquisition as Residential, the LAC assessed the market value of the land @ Rs.1,281/- per sq. mtr. with respect to 6817.50 sq. mtrs. of land which came to Rs.87,33,217.50. Further, solatium at the rate of 30% of market value alongwith the additional amount @ 12% of market value w.e.f. 18.02.2003 to 17.02.2004 was allowed apart from cost of structure appended to the said land and statutory interest under Section 34 of the Act. Thus, an Award for total amount of Rs.1,72,28,621.85/- was passed by the LAC.

4 Being aggrieved from the lesser rate fixed by the LAC for the acquired land, the petitioner filed a petition under Section 18 of L.A. Act, 1894 before the LAC. The LAC sent the present reference petition to this court for adjudication and notices were issued to the respondent no.1 and 2 and subsequently the present case was listed for trial.

5 In the present petition, the petitioner has contended that the LAC has assessed the market value of the acquired land on the basis of lowest rates possible and the market value of the acquired property was not less than Rs.50,000/- per sq. mtr. as on the date of notification U/s 4. The petitioner further contended that the LAC has not treated the structures standing on such lands as 'land' as defined under the Act and has failed to granted 30% solatium on the market value of the structures as well as additional amount of 12% as provided under section 23 of the Act on the same and that the market value of the structures has also been incorrectly assessed at low rates. The petitioner further contended that he had constructed commercial shops on the acquired property and the said shop was fitted with commercial electricity meter. The petitioner further stated that she was not present at the time of announcement of the award, nor any notice under section 12 (2) of the LA Act has been served upon her, therefore, the petition is well within time. It is further stated that the LAC has grossly erred in fixing the market value of the commercial land of the petitioner on the basis of lowest sales transactions of internal residential properties of Vishwas Nagar, Bholanath Nagar & Azad Nagar without making further enquires or enquiring as to the genuineness of the sale transactions referred in the award. He took various grounds in the petition inter alia that the LAC has assessed extremely low value for the commercial land of the petitioner and that the LAC has not taken into consideration the development of the area and the prevailing market rates at the time of acquisition. The LAC has failed to appreciate that the land of the petitioner was freehold land value of which was much higher than leasehold lands and that even the Govt. of India levied certain charges in the form of percentage while converting leasehold land to freehold. It is further contended that the LAC failed to appreciate that the acquired land was situated in an approved industrial cum commercial area where all amenities for running industrial establishments were available much prior to the date of notification under section 4 of the Act and these facilities were in the form of grant of license to run a factory, branches of several banks in the area, proximity to a railway station, National Highway-8 i.e. GT Road, availability of regular transport facilities, hospitals, educational institutions, supply of electricity and various forms of communication. It is further contended that the market value of the land if sold in the open market under the prevalent conditions of demand and supply, would not be less than Rs.50 thousands per sq. mtr. which the petitioner claims to be the fair market value of his land and he therefore prayed that he be granted market value of his land at the rate of Rs. 50,000/- per sq. mtr. besides other statutory benefits. 6 Both the respondents have filed their separate written statement/reply. The respondent no.1 i.e. Union of India took various preliminary objections in its written statement that the petition is not maintainable as the LAC has already assessed the correct market value of the land in question at the time of publication of the notification under section 4 of the L.A. Act and the value assessed by the LAC is quite reasonable and sufficient and that the present petition was time barred. 7 The MCD/respondent no.2 also filed its written statement stating that the present petition is not maintainable and there is no legal infirmity in the award passed in respect of property no.A-14, Out of khasra No.330, 333 & 357 min., Mansarovar Park, GT Road, Shahdara Delhi. The MCD further averred that the ADM / LAC had rightly assessed the compensation since the entire acquired area was residential in nature and prayed for dismissal of the reference petition.

37 The LAC has awarded an amount of Rs.1,281/- per sq. mtrs. Therefore the petitioner is held entitled to an enhancement @ Rs.28,719/- per sq. mtrs. over and above Rs.1281/- per sq. mtrs. as on the date of notification U/s 4 i.e. 18.02.2003. Besides the said market value, the petitioner would also be entitled to solatium @ 30% as per the provisions of LA Act and additional amount U/s 23(1-A) and 28 of the LA Act.

38 Besides the above stated value, the petitioner would be also entitled to the value of structures of Rs.4,24,385/- only since the petitioner have failed to prove that the value of structure was not less than Rs.10 lakhs. Issue no.1 and 2 are decided in favour of the petitioner and against the respondents.

RELIEF 39 In view of the findings of issue No.1 & 2, the petitioner is entitled to the market value @ Rs.30,000/- per sq. mtrs. as on 18.02.2003. In addition, the petitioner would also be entitled to all statutory benefits i.e. 30% solatium on the market value in view of the compulsory nature of acquisition U/s 23 (2) of the LA Act and an additional amount of 12% per annum on the market value from the date of notification U/s 4 of the LA Act till date of possession or award whichever is earlier as per section 23 (1A) of the LA Act. Besides the petitioner would also be entitled to interest on the enhanced amount of compensation @ 9% per annum from the date of dispossession till expiry of one year and thereafter @ 15% per annum till the date of payment of the balance amount.