Full Text
LA.APP. 164/2011
DAL CHAND DECD THR LRS Appellant
Through: Mr.N.S.Negi, Advocate.
Through: Mr.Sanjay Poddar, Senior Advocate with Mr.Sanjay
Pathak, Advocate for UOI.
19.09.2011 For orders, see LA.App.No.999/2010.
PRADEEP NANDRAJOG, J.
SEPTEMBER 19, 2011 mm 2011:DHC:19082 'HI
♦
If IN THE HIGH COURT 01^ DELHI AT NEW DELHI ludament Rprprvpd On: TV'Auau.'it ?mi ludament Dpifvered On: 19^^ September. 207 7
LA.APP. 999/2010 &
CM No.6549/2011 (Cross-Objection)
RAJ SINGH
UOI& ANOTHER
Through: Mr.Sanja & Mr.Sa Nawani, Kaonnud Appellant
Through: Mr.B.S.Mann, Advocate Mr.Deepak Khosia, Advocate and
Mr.N.S.Negi, Advocate.
Vs. ... Respondents y Poddar, Senior Advocate ijay Kumar Pathak, Mr.Sachin
Mr.Siddharth Panda and Ms.K Kiran, Advocates for R-1
1036/2010 & CM No.12865/ 6/2011 & CM No.6756/20_
No.6740/2011, LA.APP. 41/2C 142/2011, LA.APP. 160/2013
163/2011 LA.APP. 246/2011 248/2011, LA.APP. 298/2011
375/2011, LA.APP. 386/2011 394/2011, LA.APP. 397/2011
407/2011.
7/2010 & CM No.15181/2011, APP. 1010/2010, LA.APP
Oil, LA.APP. 5/2011, LA.APP.
I, LA.APP. 38/2011 ^ CM II, LA.APP. 89/2011, LA.APP. 161/2011, LA.APP. 247/2011, LA.APP. 347/2011, LA.APP. 387/2011, LA.APP. 406/2011, LA.APP.
(Relating to Notification u/S Award No, 06/2002-2003, Villa ec. 4 dated 15.09.2000 & ge-Bhalswa Jahangir Puri)
A^ D LA.App.No.999/2010 &connected matte'rs Page 1 of22
-v . m t
[pp. 130/2011 .M/^ilxKA.APP. 200/201 202/5Mj/LA.APP. 216/201
241/2011, LA.APP. 242/201 244/2011, LA.APP. 245
CM No.12871/2011, LA.APP.
1, LA.APP. 201/2011, LA.APP.
1, LA.APP. 240/2011, LA.APP.
1, LA.APP. 243/2011, LA.APP. 374/2011, LA.APP. 382/2011, LA.APP. 399/2011, LA.APP. 410/2011, LA.APP. 4
(Relating to Notification u Award No. 18/2000-2001, Vi
ORDER
1. Whether the Reporters of to see the judgment?
2. To be referred to Reporte /2011, LA.APP. 323/2011, LA.APP.346/2011, LA.APP. 348/2011 & CM No.15194/2011, LA.APP.349/2011 & CM No.15182/2011, LA.APP. 373/2011, 376/2011, LA.APP. 380/2011, 393/2011, LA.APP. 398/2011, 400/2011,. LA.APP. 408/2011, 14/2011. ^Sec. 4 dated 30.07.1998 & lage- Bhalswa Jahangir Puri) ^DEEP NANDRAJOG local papers may be allowed r or not?
3. Whether the judgment should be reported in the Digest? 1 • • I • I PRADEEP MANDRAIOG. I.
1. proceed with an apolog/ to the reader by referring to a notification issued later in notification issued prior in poir 3oint of time and then to a t of time; but the reason is that the learned counsel for the land owners had addressed arguments with respect to the notification issued later and had required price to be suitably reduced pertaining to the notification which was issued earlier in point of time.
2. Land measuring 758-01 bigha situated in the revenue estate of village Bhalswa Jahangir Purl was acquired pursuant LA.App.No.999/2010 & connected mati ers Page 2 of22 "It m S/ to a notification dated 15.09 2000 issued under Section 4 of the Land Acquisition Act 1894, for a public purpose, namely. 'Rehabilitation of JJ Cluster'. This was followed by a declaration under Section 6 of the said Act issued on 17.04.2001. After following the due process, announced his award bearing whereby he assessed the fa land at ^2,87,9.16.66 per bigh lakhs per acre i.e. fair market at^l[3].82 lakhs per acre.
3. Dissatisfied with the assessment made by the Land Acquisition Collector, the land owners sought reference under Section 18 of the said Act. The Learned Reference.Court, in the lead matter, being LAC No.ll2A/2008 titled Raj Sinah 1/5. Union ofIndia, assessed the fair market value of the acquired land at ?3,03,534 per bigha or ^4,56,963 per acre.
4. It needs to be highlighted that both i.e. the learned Land Acquisition Collector as well e the Land Acquisition Collector No.6/2002-03 dated 20.04.2002, r market value of the acquired a, which is equivalent to ^13.82 i/alue as of 15.09.2000 was fixed s the Learned Reference Court, while assessing the fair market value of the acquired land, adopted the minimum price for agricultural land fixed by the Government as on 01.04.20C 0, notified vide Circular dated 11.09.2011. Different destinations'were reached inasmuch as the learned Land Acquisition compensation, did not grant e 01.04.2000 till the date notif Collector, while assessing the ppreciation for the period from ication under Section 4 of the Land Acquisition Act was -issued on 15.09.2000, but the.teamed Reference Court granted appreciation for the said period of 165 days @ 12% per annum with reference to the base date 1.4.2000 and the pri ce ?13.82 lakhs per acre: LA.App.No.999/2010 & connected mat;ers m •id
5. Another parcel of land ad-measuring 929-05 bigha, situated in the same reve Jahangir Puri was acquired p under Section 4 of the Lar lue estate of village Bhalswa ursuant to a notification issued id Acquisition Act 1894, dated 30.07.1998, for the same public purpose i.e. 'Rehabilitation of JJ Cluster'. This was followed of the Act issued on 04.08. process, the Land Acquisitior by a declaration under Section 6
1998. After following the due Collector announced an award bearing No,18/2000-01 dated 12.03.2001, whereby he alue of the acquired land at equivalent to ?11.20 lakhs per assessed the fair market v ?2,33,333 per bigha which is acre.
6. Dissatisfied with the a Acquisition Collector, the land ssessment made by the Land owners sought reference under Section 18 of the Act. The Learned Reference Court, in the lead matter being LAC No.inA/2008 titled Chandrawati 1/9. Union ofIndia, assessed the fair market value of the acquired land at ?11,46,670/- per acre. The difference; in the destination reached is on hereinabove pertaining to the.the learned Land Acquisition notified by the Government circular dated 25.7.1997 and the same reason as noted notification dated 15.9.2000 i.e. Zoilector adopting the land rate with effect from 1.4.1997 vide ignoring that the notification in question was issued on 30.7.1998 and the learned Reference a 11% per annum for the Court granting enhancement interregnum period.
7. The Union of India as challenged the assessment n* well as the land owners have ade by the Learned Reference LA.App.No.999/2010 & connected mat;ers -Jl # Court by way of the appeals above.
8. On behalf of the l^nd owners, justifying higher compensation, reliance was placed on the following documentary evidence:- (a) The rate notified b^ the L&DO vide notification and cross objections mentioned dated 16.04.1999 (Ex disclosed its intention to respect of developed properties owned by at ?5830/- per square m acre and it was urgeo Tibit PW-4/1), whereby it charge unearned increase in 'esidential and commercial L&DO. Relying on this document, it was argued that in the year 1999, the rate of residential land in Azadpur, which, is stated to be close to village Bhalaswa jahangir Puri, was fixed eter or ^2,35,92,400.92 per that if 50% is deducted towards development cost, the land owners should be entitled to enhanced compensation in sum of ?1,17,96,200/- per acre. (b) The rate charged commercial plot in Sanja> terms of the Resolution (Exhibit PW-3/1), where developed plots to the square meter and Exhi Resolution No,610 dated decided to allot the plots Nagar @ ?4,500/- per squ material and good evld by MCD for allotment of f Gandhi Transport Nagar, in No.705 dated 23.11.1987 by MCD decided to allot transporters (a) T425/- per Dit PW-3/2, a copy of the 21.02.2005, whereby MCD in Sanjay Gandhi Transport are metre were urged to be ence. Relying on these LA.App.No.999/2010 & connected maters HT I'iVti". documents, learned cc argued that the rate unsel for the land owners stated in the resolutions aforenoted, which was applicable for the year 1976, would evidence that fai land comes to ?17,19,85 that even if 50% deducti development costs, fc on the brochure of DDA it was- argued that as pe were held qua flats hav metre to 71 square met " market value of developed 7/- per acre and it was urged on is made on account of the r undeveloped lands, fair market value would come to ?8,59,928/- per acre in the year 1976 and increasing the same by 12% per •annum, the fair market value as of 15.9.2000 would be ?24,76,592/- per acre
(c) Learned counsel placed reliance on the for the land owners also auction record of plots in Rohini Residential Scheme in the year 1997-98 and 1998-99 (Exhibits PW-8/2 and PW-8/3). While relying pertaining to the year 2006, " the advertisement auctions ng plinth area of 69 square "e in Jahangir Puri at a price ranging between ?23.72 lakh to T28.[4] lakh, which according to. learned coiJnsel translates to a price of ^14,36,36,36:3 per acre: suitable deduction col and counsel urged, that Id be effected therefrom pertaining to undeveloped agricultural land,
(d) Relying on a sale, deed of village Khera Khurd under land measuring 2-19
2,40,300/- on 25.04.2001, at the price per acre comes (Exhibit PW-15/1), where bigha was sold @ ^3 learned counsel urged th to ^56,93,163/- or ?11,86,169/- per bigha. It was LA.App.No.999/2010 & connected matters Page 6 of22 P ifTT-r 4^' contended that this sale after making a reas deed should be relied upon, onable deduction towards development cost to determine the fair market value of undeveloped agricult Jahangir Puri. Another. (Exhibit PW-15/2), whe bigha situated in the ural land in village Bhalswa sale deed dated 24.03.2000 reby land measuring 4-16 revenue estate of village Mamurpur was sold to.Radha Swami Satsang Vyas at a price of^26,75,000/- per acre was also relied upon, (e) Learned.counsel for the land owners also relied upon an Agreement to S executed by one Shri society 'M/s.Butterfly', w Jell (Exhibit PW-6/1) which was Khushi Ram in favour of a thereunder land was agreed to be sold on 05.08.1996 @ ^8 lakhs per acre. It was urged that the land was in the revenue estate of village Bhalswa Jahangir aid as good evidence o the said village as of the i.e. 5.8.1996.
9. Per contra, Sh.Sanjay. appearing on behalf of Union dated 05.06.1996 (Exhibit R-2: in village Bhalswa Jahangir ^1,40,000 and urged that ever is to be given'on said value. Puri and thus was pressed in fair market value of land in date of the agreement to sell ^oddar learned senior counsel of India relied on a Sale Deed, whereunder 1-03 bigha of land Puri was sold at a price of I if 12% appreciation per annum the price as on the date of the notification under Section 4 comes to ?i,94,782. per bigha, and thus it was argued that since in the same village, it would adjoining village or to adopt price of similar land is available be imprudent to travel to the he price of developed land for LA.App.No.999/2010 & connected ma'tters Page 7 of22 4' s'-' -A fixing tlie marl<et value of Inaving a vast area. Learne learned Land Acquisition C mari<et value of tine land at a reflected in Exhibit R-2 and undeveloped agricultural land d counsel also argued that the Dllector has assessed. the fair price much higher than the one so has the learned Reference Court. 10.. It may. be noted that whan judgment was reserved in the above captioned matters on been reserved for judgment appeals, lead matter being LA submitted that in response counsel for the land owners 1/5 Un/on ofIndia in which he h 19'^'^ August, 2011, decision had in a batch of land acquisition App.No.266/2008 titled lai Sinah 1/5. UP! &Ann in which similar arguments as were advanced with respect to similar evidence relied upon, in the instant appeals and learned senior counsel Sh.Sanjay Poddar to the arguments of learned the. arguments which he had advanced on the earlier occasion may be treated as his response.
11. The topography of village Bhalswa Jahangir Puri has come out in the deposition ofShri Trilok Chand Patwari) who appeared as PW-2 in LAC. No.ll2A/2008 titled Rai Sinoh as explained the topology of the area while proving the Aks Sizra Ex.PW-2/1 of village Bhalswa Jahangir Puri. His testimony would reveal that village Kadipur and Libaspur are situated, in fhe North, villages Mukhmelpur and Burari are situated in the East, villages Samaipur Badii and Haiderpur are situated in the West and villages Bharoia and Sarai Pipalthala are situated in the South of. village Jahangir Puri. LA.App.No.999/2010 & connected m.atters Page 8 of22
12. I may additionally note tliat tlie lay out plan of the National Capital.Territory of Delhi, published by the Government of NCT Delhi would reveal that village Bhalswa Jahangir Puri is situated on the eastern side of G.T.Karnal Road i.e. National Highway No.l. Ullages Badii, Samaipur, Libaspur, Khera Kalan, Alipur, Mamoor side of National Highway No.l.
13. It needs to be highlighted that whatever development 3ur. (Narela) are on the western took place in the revenue es acquisition of agricultural laniis in the revenue estate of said village was for re-settlement character of urbanization in potential price increased due:ate of village Jahangir Puri, post of slum and J.J. dwellers i.e. the the area was of a kind where to. urbanization was of a weak nature. In the decision reported as Amar Sinoh l/s. Union nf India 1998 (V) AD (Delhi) 45i, resettlement colony called Jai^ it was noted that there existed a angir Puri in the,area which had sprung up during the period cf emergency i.e. the year 1975-
76. It has to be remembered that the two subject acquisitions were also for re-settiement of.:3lum andJ.J.Clusters.
14. The decision in LA.App.No.266/2008 iai Sinati 1/?. uni ^ 12.8.2011 and had yet to be Ann, which was reserved on pronounced on 19.8.2011, when instant appeals were reserved for judgment, has since been pronounced by me on 23.8.2011 and I, would highlight that v\ hile assessing the fair market value of the land situated in;.0 revenue estates in the same revenue district i.e. North-Wes villages Pooth Khurd, Shahpu Rajapur Kalan, Holambi Kalar t Delhi being revenue estate of r Garhi, Sanoth, Alipur, Narela, Khera Khurd, Holambi Khurd and Bawana, I had noted that the topology of the area LA.App.No.999/2010 & connectedmatters if) w constituted a 'V at the point.Road i.e. NH-1 and Rohtai< commoii point,, proceeding 2000, 2001, 2002 and 2003. of intersection where G.T.Karnal Road i.e. NH-10 bifurcated at a in different directions, at Sabzi Mandi. It needs to be highlighted that village Bhalswa Jahangir Purl is outside the 'V aforeseiid and as explained hereihabove NH-l.
15. In the, appeals relating to the said 10 villages where land were acquired pursuant to different notifications issued from time to time I had dealt with notifications issued in the year In those cases, learned counsel for the land owners had relied upon the sale deed dated 25.04.2001 (Exhibit PW-15/1) and the sale deed dated 24.03.2000 (Exhibit PW-15/2) i.e. the same sale deeds on which learned counsel for the land owners have placed reliance upon as noted in sut-para (d) of para 8 hereinabove. In the said judgment dated 23.8.2011, I have discarded these IS recorded in paragraphs 21 to undentwo sale deeds for the reaso 23 which are reproduced here
21. The first argument deeds, Ex.PW-1/3 which ?63.478 lakhs per acre. Court has rejected the evidence to determine fair market value agricultural lands, for all the reasoning that the purchased by a religio 'Radha Swami Satsang' had tendered the sale... deposing in Court in LAC No.68/2005 ^had'stated that to his knowledge the land was purchased for religious purpose and was being used for a religious purpose. The sale deed Ex.PW-1/2 has likewise is predicated on:the 2 sale s dated 25.3.2000, and the sale deed Ex.PW-1/2 whjch is dated 25.4.2001. As per the former, fair market value for the former comes to f26.75 lakhs per acre and the latter ^ The learned Reference 2 sale deeds as reliable of the villages in question on sale deed Ex.PW-1/3 was js trust by the name of and Suraj Bhan PW-6 who deed in evidence, while LA.App.No.999/2010 & connectedmatters been held not to be rei fair marl<et value of able evidence to determine agricultural lands on the Organization "Christian reasoning it was purchased by a Non Government Organization" and as per the testimony of PW-7 Sister Annie, the secretary of the organization stated that the organization had to pay the price for the said piece of land as it was the only plot of the requ site size suitable for the requirement of the organization and is being used for destitute women i.e. there was.a special circumstance, personal to the vendee.
22. As held in the decjisions reported as 1995 (1) see.717 Land Acquisition Officer Elurij & Ors. Vs. /sti Rohini &Ann (Refeti para 6) and 2009 (14) SCC 369 jvioiid. Raufuddin Vs. Land Acouisitinn Offlrpr (Refer para 13) sale transactions evidenced in a sale deed which are tendered in evidence by virtue of Section 51A of the L.!A.Act 1894 have^ not to be ipso facto treated as an exemplar sale deed to determine the market v the reason there may which have led the buye, true test is the price wh alue of land in an area for be special circumstances • to pay a higher price. The ich a well informed willing. —• --W,. 11 11 wi I I vvniniy buyer would pay to an equally well informed seller without being influeneed by any special circumstances or the fancy to buy a particular pidce of land. An informed bi studied the market and -yer would be one who has. --- has apprised himself of all available land in the area; has understood the topology of the area and the prevailing prices. If a buyer has a fancy for a fDarticular piece of land he may pay a much higher price and this would not be a good index of fair markjet value of the lands in the area. 1would be failing if Ido not highlight that the on'? deed dated 20 5.2002, which was accepted by the learned o? fonn? pertaining to the notification dated 27 1.2003 where-under agricultural land in village Rajapur Kalan,was sold by an agriculturist to an agriculturist for a much lesser price i.e. ?17,74,109/the price which comes to ^63 478 lakhs per acre for Ex.PW-1/2 and ?28 89 lakhs per acre for Ex.PW-1/3. The 2 sale deeds LA.App.No.999/2010 & connected matters 1) (•111 Ex.PW-l/2 and,Ex.PW-l/3, themselves are having intrinsic evidence of the fanciful price and ex-facie destroy each other.
23. Thus, apart from the reasoning of the learned Reference Court, with which I concur, afore-noted reasons in para 21 above would be additional the 2 sale deeds would evidence wherefrom fair market value of subject lands can be determined and more so for the reason I find that under various awards nearly between 7,000 to 8,000 bigha of land when the acquisition is of A/ouId make all the more a ect on sale deeds having transaction being the result of a fancy of the buyer, I would be failing not to note an unreported decision cited by learned counsel Sh.l.S.Dahiya 3eing the decision dated 19.12.2008 disposing of a batch of appeals, lead matter being LA.App.No.193/2006 Pratap Sinah (since, deceased) thru LRs 1/^9. I/O/ & Qrs. It was reasons to hold that advisably not be gooo have been acquired anc such large an area, it v reason to be circumsp intrinsic evidence of the highlighted that the sale had purchased 8 bigha deed therein by which L&T and 9 biswa of agricultural land for expansion of its factory which had been ignored by the learned Reference Court on the ground that L&T had a fancy for the said land and hence the price reflected, therein could not be treated as a good evidence of value of land in the area, was rejected by t question, with suitable d Te Court and the price in eduction on account of the Court and thus even in t deeds in question i.e. parcel of land being lai'ge, was accepted by the le instant cases the 2 sale Ex,PW-l/2 and Ex.PW-l/3 should be treated as the basis to determine fair argument ignores the reasoning ^1? u Division Bench in paras 37 to Bench, did not accept the its own logic as indicative 38' wherein the Division value in the sale deed on of the market value, but found that if the price therein was reduced by would be the same as wo reference.to the averag produced by the Union o 1/3^^, the price arrived at -lid be price arrived at with e rate of the sale deeds f India i.e. the sale deeds LA.App.No.999/2010 &connected matters Page 12 of22 ill:!' ment were giving a price of and the sale deed under 2d the land gave the price ?3,26,600/- per bigha and the average would come to f[2],31,_800/- which was near about the price of f would be deducted,600/-. It may further be said judgment the year of id the notification under Acquisition Act was dated 24.7.1995 and 16.11.1995 and the Court determined fair market jalue as of the said dates at the same sum arrived at as aforesaid i.e. produced by the Govern 3,7,000/- per bigha which L&T had purchas ^2,15,1.60/- per bigha, fronn the sum of ?3,26 highlighted that in the the sale was 1993 a Section 4, of the Land ^2,15,160/-. In other w meaningfully. It is not ords, the reasoning of the Division Bench is not to be read pedantically but that the Court treated the sale deed in question as the basis for if it was so, years had required to be It once again, that I have noted the inherent e of the land price as per s itself is intrinsic mutually the 2 sale deeds reflecting the appreciation for 2 given. I would highligl hereinbefore already contradiction in the vali the 2 sale deeds and th destructive evidence of fair market value."
16. For the reasons therein, I reject these two sale deeds in the present case also as reliable and good evidence to determine fair market value of agricultural land in village Bhalswa Jahangir Purl.
17. As regards the agreement to sell (Exhibit PW-6/1), the land situated in village Bhalswa Jahangir Puri has been agreed to be transferred for a sum of ns lakhs per acre. The land owners have also relied upon another sale deed dated 01.07.2003 whereunder 4-16 bigha i.e. 1 acre land was sold at ?15,70,000/-. !
18. Now, if the price, as per the own showing of the land owners was ^5,70,000/- per acre as on 01.07.2003, •it is LA.App.No.999/2010 & connected matters Page 13 of22 i 4iT difficult to compreiiend the Ex.PW-6/1 which is dated 8.[4] abnormally high value as per 1996 in which the stated price is ?18 lakhs per acre. It is indeed a puzzle that in 1996 the price was fl[8] lakhs per acre and 7 to ?15.[7] lakhs per acre' I ne years down the line the price fell ed to highlight that in paragraph 39 of its decision, the learned Reference Court, while examining Ex.PW-6/1 has op ned that the said price was for special considerations and not the price settled between an informed willing buyer and an informed willing seller and, without being influenced by particular land, and had thus special needs pertaining to a discarded the said sale deed as not reliable evidence wherefrom fair market value of a large track of land had to be fixed. i issue in my decision dated 008 iai Sinah l/s. UP! & Anr. i.e. where an abnormally high price for a parcel of land Is with evidence, of neither the buyer nor the seller being well-
19. I have discussed this 23.8.2011 in LA.App.No.266/2 informed and there being a s have held the same not to be market value of a large part paid by a buyer smitten with pecial feature qua the land and good evidence to determine fair of land, being the fanciful price fancy, which observations have already been extracted by me hereinabove i.e. paras 22 and 23 of the said decision. I reite
20. As regards. auction rat situated in the Sanjay Gandh any substance in the argumen irate the same. tes of developed plot of land Transport Nagar, 1 do not find Its of the learned counsel for the land owners and concur with the decision of the learned Reference Court contained in paragraphs 29 and 30 which are premised on the decision of the Supreme Court reported as Lai LA.App.No.999/2010 & connected matters Page 14 of22 i?n: (1 Chand 1^5. Union of India 2009 (15) SCC 769. Similar is the reasoning pertaining to the e ^idence relating to auction rates of residential plots or flats by DDA.
21. In my decision dated 2 lai Sinah Vs. UO! & Ors.. I he 13.8.2011 in LA.App.No.266/2008 d extensively discussed the law declared by the Supreme Court in La! Chands case with reference to price at which ceveloped plots were allotted by different agencies i.e. DDA and DSIDC. Relevant observations and findings in para 29 to 31 (Df the decision in iaiSinoh's case are extracted hereunder:-
29. Now, we do not have evidence as to what was the extent of plotted larjd sold by DSIDC or DDA with reference to the Bawana Industrial Estate developed esidential Scheme developed 20% or 75%, we do not know, has resulted in the same 3er which were noted by the by DSIDC and Narela R by DDA. Whether it was The inchoate evidence factors, being 3 in num. Supreme Court in La! Chand's case (supra), which render this evidence as the value of land in the s
30. It is no doubt true. Reference Court, that Bawana Industrial Area and Narela Residential S acquired a building pc would be what would building potentiality woul most unreliable to determine Jbject cases. as held even by the learned with the development of Rohini Residential Scheme cheme, the subject lands had tentiality, but the question be the value to which the d translate, itself.
31. I hold that the learned Reference Court, keeping in view the observation and the findmgs of the Supreme Court in Lai Ciiands case (supra) has rightly rejected said evidence ^s reliable. On the issue of potentiality relating itself to the value, I promise the reader of the decision, to deal with the same while I shall be discussing as to what should be the fair market value of the lands.
22. Highlighting that in La/ Chancfs case (supra) the I ', Supreme Court held that such raw data was meaningless and was too. inchoate wherefrom fair market value could be ! crystallized. I •, • 23.. I reiterate the reasoning to hold that price at which MCD allotted developed plots in Saijay Gandhi Transport Nagar and price at which DDA sold developed plots and flats would be irrelevant to determine fair market value of agricultural, land.
24. Pertaining to price notified by L&DO for charging unearned increase when lease-hold property under L&DO is transferred by the perpetual lessee, suffice would it be to state that the same relates to deve:loped plots and on the parity of reasoning in La! Chancfs case (supra) wherein this kind of evidence was specifically discussed and discarded with reference to village Rithala Rohini Residential Scheme, 1n where lands were acquired for egate the plea for compensation to be enhanced with reference to L&DO rates noting that Iam concerned with large tracks of lands ad-measuring' 758.01 bigha and 929.05 bigha.
25. From the topology of th(i area and as per the testimony ) who appeared as PW-2 in LAC of Trilok Chand (Halka Patwar l\lo.ll2A/2008 it emerges tha village.Bhalswa Jahangir Purl would reveal that the two vil icoiony adjoining the famous village Burari is on the east of and indeed the plan for Delhi ages i.e. Bhalswa Jahangir Purl ^and Burari are separated by tjhe outer ring road as we travel towards Hubarka Chowk from the Tibetan' Re-settlement Gurudwara Majnu Ka Tila. The itwo are adjoining villages separated by 'Outer Ring Road' and LA.App.No.999/2010 & connected matters Page 16 of22 fCthus the fair market value of land on a particular date in the two villages would be comparable.
26. While assessing the fair in village Burari, which was a dated 24.07.1998 and 18.07 the Land Acquisition Act, 1 market value of the land situated cquired pursuant to notifications 2003 issued under Section 4 of lad considered the material on record i.e. the evidence in my decision pronounced on 7.6.2011 in a batch of. LA./appeals, lead matter being L.A. Appeal No.97,1/2008 titled Rsiba/ & Ors. Vs. Union of India ^ Ors. In the said decision, I ha of agricultural land atm,60 land, ^10,44,522.73 per ac d assessed the fair market value,580.82 per acre for Category A re for Category B land and ^9,28,464.65 per acre for Category C land pertaining to the notification dated 24.7.1998. notification dated 18.07.2002 The land acquired pursuant to had been assessed by me at n[9],20,568/- per acre for Category Aland and fl[7],28,512/- per acre for Category B land. Ir assessed the fair market value Jai Singh's case {supra), I had of land in 10 villages as under:- S.No. Village Name Dat und e of Notification er Section 4 Fair market value (in lakhs per acre)
1. Pooth Khurd 7.8. 2000 n[4].75 for Category 'A' n[4].3728 for Category 'B'
2. Holambi Kalan 7.8. 2000 ^4.75
3. Bawana, 7.8. 2000 i n[4].75 for ?14.38125 for Cateqorv 'B'
4. Khera Khurd 11.c ).2000 ^14.835 for.Category 'A' ^14.46413 for EA.App.No.999/2010 & connected matters.5. Narela 2.5.2001 n[6].165, for n5-.76087 for
6. Hoiambi Kalan 22. 8.2001 n[6].745 for n[6].43811 for 7.. Alipur 22. 8.2001 ^6.745 for ?16.43811 for
8. Hoiambi Khurd 22. 8.2001 X 16.745 for tie.43811 for 9.. Rajapur Kalan 22. 8.2001 n[6].745 for ?16.43811 for ao. Sanoth 7.12.2001 n[7].295
11. Shahpur Garhi 16.5.2002 ^8.655
12. Shahpur Garhi 23. 5.2002 fl[8].655
13. Hoiambi Kalan 23. 5.2002 ^8.655
14. Alipur. 23. 5.2002 n[8].655
15. Sanoth 27. 1.2003 ?19.435 for ^8.94:912 for n[8].47539 for Category 'C
16. Rajapur Ka ah 27.;L.2003 • ^19.435 for ns.94912 for ^8.47539 for Category 'C 27/ In lai Sinoh's case (su minimum land rates enliancec to time, and found tl^e same pra) I had also analyzed the by the Government from time not to be the ipse dixit of the LA.App.No.999/2010 & cojmected matters •^IDs Si) r >3 Government officers and had found not only'rationale but a reflection of urbanization impacting such increase. With reference to the decisions of four Division Benches of this Court reported as 2006 IV AD Delhi 13 Gairai Sinah 1/^7 i/nf a; Mn, 20D[4] IV AD Delhi 20 Ram Chander Vs. um. m (2004)
95 Hukum Singh i/^. lioi and an unreported decision in LA.App.No.866/2005 Wa/7e/7o^er 5//7a/7 1/y. UQ! & Qm. decided on 11.5.2006 wherein based on sale deeds and other evidence land price was determined on 1993 to 1996 and in relation t rise over the next 1 yea 11% for the next 2 years as of 1.4.2001., It. sh between the year 199C sharply and good corrofc be the decision of the Gairai's case (supra), wh above.
51. r need to elaborate decision in Gairais ca pertaining to fair marke village Holambi Kalan as various dates between the years;• the minimum price fixed by the Government I had highlighted in paras 50 to 53 of the said decision as under:-
50. The aforesaid judgments noted in the preceding paragraphs as also the ^/arious notifications issued from time to time by the Government of NCT Delhi notifying minimum price for agricultural lands in Delhi as tabulated by me in para 7 above bring out two very important facts relevant to determine the growth/rise in the prices of agricultural land in Delhi over the years commencing from the year 1990. As bf 27.4.1990 minimum price was T[4].65 lakhs per acre which rose to nO lakhs per acre as of 1.4.1997 i.e. the increase is ?5.35 lakhs spread over 7 years which gives us a 115.054% increase in 7 years and • the average price increase would be 16.436%. The price r is by 11.2% and thereafter by and 11.5% for the next year i.e. Dws that due to urbanization, and 1997 prices grows fairly orative evidence, for this would Division Bench qf this Court in ich I have discus:sed in para 49 a little more with respect to the e. Discussing the evidence t value of agricultural land in of 15.11.1996, in paras 9 to 17 i;;i! • agricultural yield and foi per annum was ?^95,00C the Court discussed lihe valuation on the basis of nd that the gross return per acre /- for multiple cropped land and having good irrigation facilities and thus, capitalized the land price at ?9.[5] lakhs per acre. Discussing the second method of land prices of comparable lands in the surrounding areas including potentiality, in para 19 onwards the Court discussed the, matter with reference to land prices in adjoining village Bhorgarh where FCI Godowns had come up and based on sale instances found that based on the said sale instances and giving benefit of industrialization the land price would come to no,03,364/- per acre (Refer para- 31). The Court theh considered,the prices notified by the Government as per policy dated 1.4.1997 and thus worked out the mean average figure of ?9,76,121/- per acre for Category 'A' lands and ^9,51,121/- per acre for Category 'B' lands. •The decision highlights well-factored in when minimum price notificati the fact that even with Court found that as age that the potentiality had been the Government issued the •n w.e.f. 1.4.1997, evidenced by respect to sale transactions the inst the minimum price notified ^ as of 1.4.1997 at ?10 lakhs per acre, sale^instances were highlighting that the price was fl0,03,364/- per acre.
52. The decision in Mchender Sinah's case, pertaining to village Bawana, refer highlights with reference that the Master Plan for account by the Court w ed to by me in para 49 above, to para 28 to 31 of the decision Delhi 1990 had been taken into hich was projecting residential, commercial and industrial future exploitation of agricultural land in Delhi and on the issue of potentiality had noted that notwithstanding the Master Plan so projecting and the lapds theoretically acquiring a potentiality, the same had not translated into a reality evidenced by the fact that till the year 1996 i.e. the date of the notification with concerned, virtually no c which the Division Bench was evelopment had taken place in Village Bawana and Holambi Kalan and nobody had exploited the potential, para 49 above there is expected to be the mark actually grows. The c As I have already highlighted in a gap between what would be et growth and what the market ecisions in Gairai's case and LA.App.No;999/20r0 & connectedmatters ^T; (tn Mahender Sinah's • ca translated itself into a when prices rose by ^ thereafter the extended potentiality did not translate with the requisite momdntum and the acceleration fell to between 10% per annum to 11% per annum. One reason could be that pursuant to Master Plan for Delhi 1990 a fairly large area came to be developed, both residential, commercial and industrial and probably there was enough availability of developed land and the hunger of the market got saturated. 1^' se highlight that potentiality reality between 1990'and 1997 about 16.5% per annum and
53. The empirical evic respect whereof the lea good reasons not to rely ence in the instant case, apart from the 2 sale deeds relied upon by the land owners, in rned Reference Court has given,, upon and for which I have given further reasons in paras 21 and 22 hereinabove for not relying upon, being fanoiful sale deeds, to determine fair market value, we have with us the sale deed relied upon by,the learned Land jAcquisition Collector pursuant whereto in some referetices in village Rajapur Kalan the learned Reference Court has held that as per the said sale deed Ex.R-2 as of the date of the sale i.e. 20.5.2002 the fair market value of agricultural lands would be fl[9],16,040/- per acre as of 27.1.2003 on the reasoning that 1 bigha and 13 biswa of land which was sold for ^5,39,690/- and ^70,160/- was paid' as stamp duty would mean that ^6,09,850/spent would yield the p the date of the sale i.e. 2 (^5,39,690/- + ?70,160/-) were 'ice ^17,74,109/- per acre as of 0.5.2002.
28. In the absence of any cogent evidence placed on record by either parties other than th e minimum price notified by the Government from time to time, I hold that. the Learned Reference Court has rightly adopted the correct principle and has relied upon the correct evidence and has given the correct appreciations by suitably increasing the price to make up the i interregnum period between he dates when minimum prices were notified and. the date of the notification issued under •h Section 4 of tlie Land Acquisition Act and finding no scope to further enhance the compensation or to reduce the same I dismiss all appeals and cross objections, whether filed by the land owners or the Union of India.
29. I leave the parties to bear their own cost.
SEPTEMBER 19, 2011 mm LA.App.No.999/2010 &coimected matt'eirs (PRADEEP NANDRAJOG) JUDGE