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1 - 10 of 41 (0.23 seconds)The Code of Civil Procedure, 1908
Shyam Sunder Agarwal & Co vs Union Of India on 9 January, 1996
The petitioner is further entitled to interest on
solatium and additional amount in terms of judgment of
Hon'ble Supreme Court reported as Sunder Vs UOI reported in
DLT 2001 (SC) 569. This reference is answered accordingly.
State Of Maharashtra And Another vs Abdul Sattar And Others on 7 February, 1994
36 PW6 has proved the original map of Delhi (containing
the scale) issued by the Survey of India (Deptt. of Govt. of India)
to measure the distances between the properties as Ex.PW6/C,
the receipt of the said map has also been proved as Ex.PW6/D,
photocopy of map published by Eicher Goodearth Ltd. as
MarkX and the original city map Booklet published by Eicher
Goodearth Ltd. as Ex.PW6/F. The sale deed proved by PW1 as
Ex.PW1/A pertaining to the land situate at 22, Ratendon Road,
sale deed proved by PW2 pertaining to the property at 68, Golf
Link, New Delhi as Ex.PW2/B and the sale deed proved by PW3
pertaining to the property at 61, Golf Link, New Delhi as PW3/A
are at a far distance which cannot be compared & considered
for determining the true market value of the land in question,
therefore, the aforesaid sale deeds Ex.PW1/A, Ex.PW2/B and
Ex.PW3/A are discarded in view of the aforesaid judgments
relied upon by the parties. Now, let us examine whether the
sale deed pertaining to the property situate at 11, Barakhamba
Road, New Delhi proved by PW2 as Ex.PW2/A is helpful for
determining the true market value of the property in question.
As per the original map of Delhi as Ex.PW6/C, the property at
Barakhamba Road, New Delhi which is Ex.PW2/A is at a
distance of about 1.3 kms which is less than the distance of 2 ½
kms as held in the judgment dt. 07.02.1994 passed by the
Hon'ble High Court in F.A No.191 of 1987 resported as State of
Maharashtra & Anr. Vs Abdul Sattar & Ors. AIR 1995 Bombay
85, therefore, the sale deed of the property situate at 11,
Barakhamba Road, New Delhi is the best piece of evidence
which can be compared with the property in question since
both the properties i.e. the property in question and the
property situate at 11, Barakhamba Road, New Delhi are in well
developed areas surrounded with well built up properties,
roads, etc. Ex.PW2/A, the property no.11, Barakhamba Road,
New Delhi was sold vide registered sale deed dt. 06.10.1997 to
M/s UNI Chand Builders (P) Ltd. having an area of 4791 sq.
mtrs. @ Rs.58,443/ per sq. mtr. If escalation price @ 12% p.a. is
calculated on the amount of Rs.58,443/ per sq. mtr.
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
B.K. Khanna vs K.N. Khanna And Ors. on 27 May, 1977
was sold for amounting to Rs.26.26 crores in a
public auction held by the Hon'ble High Court of Delhi in
favour of M/s H.S. Real Estate in October, 1999 vide its order dt.
03.12.1999 passed in Execution Case No.173/1999 titled
Sh.B.K.Khanna Vs K.N.Khanna. Sh.Prabhu Lal, UDC, Sub
Registrar, 7, I.N.A., New Delhi has been examined as PW2 who
has proved the certified copies of the sale deeds pertaining to
property no.11, Barakhamba Road, New Delhi and property
no.68, Golf Links. as Ex.PW2/A & Ex.PW2/B respectively. In
Ex.PW2/A, the property no.11, Barakhamba Road, New Delhi
was sold vide registered sale deed dt. 06.10.1997 to M/s UNI
Chand Builders (P) Ltd. having an area of 4791 sq. mtrs. @
Rs.58,443/ per sq. mtr. In Ex.PW2/B, the property bearing
no.68, Golf Links, New Delhi measuring 404 sq. mtrs was sold @
Rs.1,39,266/ per sq. mtr. vide registered sale deed dt.
03.06.1998 to M/s Southern Petro Chemicals Industries
Corporation Ltd. Sh.Hans Raj, Inspector, Appropriate
Authority, Janpat Bhawan, New Delhi has also been examined
as PW3 who has proved the certified true copy of the sale
certificate dt. 22.03.1999 pertaining to the property no.61, Golf
Link, New Delhi as Ex.PW3/A. In Ex.PW3/A, the property
bearing no.61, Golf Links, New Delhi which is the residential
plot measuring 1641 sq. yards was sold for a consideration of
Rs.16,00,00,000/ to DBS Financial Services Pvt. Ltd. The
certified true copy of the agreement dt. 26.11.1998 for sale of
the said property has also been filed on record.
27 The counsel for the petitioner has argued that the
circulars and the notified rates of land issued by the Govt. for
determination of market value do not represent the true market
value of the land on the date of notification u/sec. 4 of the LA
Act.
State Of Haryana vs Ram Singh on 25 July, 2001
In the judgment dt. 25.07.2001 passed by the Hon'ble
Supreme Court of India in Civil Appeal Nos.6016 of 1999 with
Nos.601732 of 1999 reported as State of Haryana Vs Ram
Singh (2001) 6 SCC 254, it was held that payment of any
amount over and above market value, on account of potential
value, is not permitted. Potential value of acquired land may
be taken into account when determining its market value, but
once market value has been determined, no further amount
may be added on to it. In the judgment dt. 29.11.1994 passed
by the Hon'ble Supreme Court of India in Civil Appeal
Nos.405657 of 1984 with other Nos.
Bimal Krishna Khanna vs Kamal Nain Khanna & Others on 14 July, 1999
26 The petitioner in support of his evidence has examined
Sh.Kamal Raj Sharma, Judicial Assistant, Record Room, High
Court of Delhi as PW1 who has proved the certified copy dt.
03.12.1999 pertaining to the Ex. case no.173 of 91 titled as Bimal
Krishan Khanna Vs K. N. Khanna & Ors. as Ex.PW1/A. In
Ex.PW1/A, property bearing no.22, Ratendon Road (now
known as Amrita Shergil Marg) measuring 4400 sq. yards i.e.
3679 sq mtrs.
Ravinder Narain And Anr vs Union Of India on 28 February, 2003
In the judgment dt. 28.02.2003 passed by the
Hon'ble Supreme Court of India in Civil Appeals Nos.11733
34 of 1995 with No.11735 of 1995 reported as Ravinder Narain
& Anr. Vs Union of India (2003) 4 SCC 481, it was held that
principles of fixation of market value with reference to
comparable sales to be followed to minimise speculation. It
was further held that the requisites for a sale to merit
consideration as a comparable sale are :
i When sale is within a reasonable time of the date of
notifiation under section 4 (1);
Sub-Collector And Land Acquisition ... vs Venkata Kumaraswamy on 2 August, 2001
In the judgment dt.
02.08.2001 passed by the Hon'ble High Court of Andhra
Pradesh in A.S. No.562 of 1997 reported as SubCollector &
Land Acquisition Officer, Gudur Vs. Venkata Kumaraswamy
2001 (2) LACC 585, it was held that certified copies are
admissible in evidence if genuineness of registered sale deed is
not in disbute. Parties to the transaction need not be
examined.