Through: Mr. Sanjay Kumar Pathak, Adv v. RAMESH DEVI & ANR

5. A perusal of all the awards announced from time to notifications/orders issued by the Government of NCT Delhi from ttm-e-te time notifying the minimum rates for agricultural lands in Delhi and wher~ver it was found that due to land owners having excavated earth resulting in pits having depths between- LA.App.No.266/2008 & connected matters Page 14 of74 2011:DHC:18689, I ~ -- (': j I -,-- I I.I I,' •••.. I I,,',,,I I:' ·4' to- 6', the land value has been appropriately depressed and ~· · this is to be found in a few awards where lands have been put in. 2 or 3 categories·-r:-e-. Category 'A', Category '8' and Category· 'C'.

6. A perusal of the various decisions pronounced by the Reference Court in various Land Acquisition References made, would show that the learned Reference Court has determined fair market value on.different principles and for purpos~ of clarity I may note the basis on which the learned Land Acquisition Collector and the learned Reference Court have determined the compensation payable. 1 The same _would be as under:-

UA-Ef-ef-- Sectioo 4 of the Land Acquisition Act 1894 pursuant whereto 1372.00.10 bigha land was acquired in village Pooth Khurd, for the purpose of shifting industrial units, as against f13.82 lacs per acre for Category 'A~ lands and fl2~26 lacs per _acre for Category '8' lands awarded by the learned Land Acquisition Collector (by adopting the price as per the policy for minimum rates as of 1.4.2000), the learned Reference Court has adopted the same rate i.e. ~13.82 lacs. per acre and-has granted increment at the rate of 12% per annum for the period 1.4.2000 till 7.8.2000 i.e. the date of the notification issued under Section 4 of the_ Land Acquisition Act 1894 and thus determined fair market value of land in village Pooth Khurd at 14,37,280/- per acre and has ignored that there was Category 'B' land for which he had to make necessary adjustment.

I. Pertaining to the same notification dated 22.8.2001 pursuant whereto agricultural lands in village Rajapur Kalan. were acquired the reasoning and the fair market value... determined by the learned LAC and the learned Reference Court is the same as adopted for village Holambi Kalan, Holambi Khurd and Alipur save and. except in this village the acquired land was of uniform category.

13. biswa of agricultural land comprised in Khasra No.200 in tbe revenue estate of village Rajapur Kalan was purchased for ~5.39,690/-.

7. Since the learned Land Acquisition Collector as:also the learned Reference ··court have relied upon the n-otifications-· issued from time to time by the Government of NCT Delhi, fixing. minimum price for agricultural lands in Delhi, let me therefore... note the dates and the minimum rates notified from time to time pertaining to agricultural lands in Delhi since the same would be relevant for the present decision. The same would be as under:- ---- --. -·-----------·- LA.App.No.266/2008 & connected matters Page 20 of74 1JC; ~' - - - -,-1 !'>. ca 1\ln n:::at-o nf.. Effart-i _L_O n_....f.,.. ~ -:- ~ ~~~'V'-........,.... ~..... Notification of the price 1.. 3.5.1990 27..4.1990

2. 25.7.1997 1.4.1997 -·--- ---- - ·-- ----· ··-····---· - ·-----···-·

3. 24.9~1998 1.4.1998 4... 21..11..-2000 -

5. 9.8.2001 1.4.1999 1.4.2000

6. 9.8.2001 1.4.2001

7. 30.8.2005 30.8.2005

8. 24.1.2008 18.12.2007 n...:,.,.. -.............. (in lakhs/acre) 4.65 10.0 ----· 11.[2] 12..32 12.16 13.82 15.[7] 17.584 "% increase per annum •11.5...... 11...[2] 11.5. 2.98 89.51 \o 1}·

8. From the tabulation hereinabove noted it would be apparent that after minimum · price was last fixed V\(.e.f; 27.4.1990 in sum of ~4.65 lakhs/acre it was· increased after; n~arly 7 years to ~10 lakhs/acre and the ·annual increa·se comes to 11..5% per annum (simple}, The next year i.e. w.e.f. 1..4.1998 the price was enhanced by 11.2% to reach the figure of ~11.[2] lakhs/acre and thereafter w.e.f. 21.11..2000 the price was enhanced.to ~12.32 lakhs/acre, ·· which notification was superseded, inasmuch as when the notification dated 9.8.2001 was issued the price was retrospectively enhanced w.e.f. 1..4.1999 to ~12.16 lakhs/acre i.e. the price increased by 11% _p~r _91'1Dl.J!Tl wi_th reference to the pri<:e determined as of.,. 1.4.1998 and____ vide__ same notificatiOIL~_ _tha___~___price. was retrospectively enhanced w.e.f. 1.4.2000 to ~13;82 lakhs/acre i.e. increased by 11% per annum vis-a-vis the previous i.e. ~12.16 lakhs/acre and w.e.f. 1.4.2001 the price rose by, 11.5% per annum vis-a-vis the previous price of ~13.82 lakhs/acre to... LA.App.No.266/2008 & connected matters · Page 21 of74 -~j I:·'! 'i I JJ I r,i '"! • ! ' I::1 l_o_'__ i '" ' '.'_j [,:: ] ~ !:; i -- --- ·- ··-. r- (.'---, reach ··~~ figure __ of ~153~--lakbstacre:---~The~qprk.e · was next enhanced w.e.f. 30.8.2005 to ~17.584 lakhs/acre which gives us an increase of only 2.98% per annum and then the price rose to ~53 lakhs/acre as of 18.12.2007 i.e. increased· 89.51% per annum with reference to the base figure of ~17.584 lakhs/acre and the date 30.8.2005.

9. Before noting the evidence retied upon by the land owners and Union of India before the learned Reference Court, it would be beneficial -for the reader of the present decision~ as 1· feei,- that arguments advanced on either side may be noted. I would highlight that from the side of the land owners, each argument was in the alternative and it was urged that they would be entitled to price determination as per the first. argument, failing which as per the second argument, failiQg:.;· which as per the third argument and so on. From the side of ·union of India it was urged that the land price fixed by the. iearned Reference Court pertaining to the notification dated 7.8.2000. for village Pooth Khurd; the notification dated 22.8.2001 for village Holambi Kalan; the notification datecl · 7.8.2000 for village Bawana; the notification dated 11.9.2000 for... village Khera Khurd; the notification dated 2.5.2001 for village Narela; ·and the notification dated 22.8.2001. for village Ali Pur; and the notification dated 27.1.2003- for village Rajapur Kalan and Sanoth treats as if all lands ·were of uniform character and it · wasJ![ged that correcti\te_itetion is___Le_qulced by doing 2 things. Firstly, with reference to the minimum price notified by the Government from time tq__ t!!!l~·--~1.5%Jncrease per annum and 1 '")QL nOr:::mMIIf'V\-Hi-ncreas-e was excessive--with reference to the ____ g~tes_ of the notifications under Section 4 of the Land Acquisition Act 1894; reqUiring the same to be reduced to 10% per annum ·iff tne -reasl:-Secondly, the learned Reference Cc;n.irt was not justified in treating all lands as of the same character and thus LA.App.No266/2008 & connected matters Page 22 of74 I 1)~ C[7] • --..-: ' I:-': I 1i I -,-- II',',,I ( ''-- /~ I '"---- ~ requiring further correction by suitably depressing the price for such lands which were put in Category 'B' and Category 'C' by the Land Acquisition -C-ollector and in respect of which categorization it was urged that neither land owner had challenged the same by leading evidence to the contrary i.e. to show that such lands which were put in Category '8' and Category 'C', on account of pits and depressions of various depths, as per the awards passed. by the Land Acquisition Collector was incorrect.-

10. Learned counsel for the land owners firstly urged that the learned Reference -Court was not justified in ignoring the 2 sale deeds dated 25.3.2000, Ex.PW-1/3, in Land Acquisition Reference which is subject matter of LA.APP.No.780/2010 as atso t1'le--~aie--nee-d dated 25.4.2001, Ex.PW-1/2,- in the same LA.Appeal. ·Vide sale deed Ex.PW-1/3, 33 bigha and 12 biswa agricultural land in village Mamurpur was -sold @ ~26. 75 lakhs/acre and as per the sale deed Ex.PW~1/2, 2 bigha and 19 biswa of land was sold in the revenue estate of village Khera Khurd for a sum of~32.[4] lakhs and adding on the stamp duty paid and corporation tax it was urged that per acre land price as of 25.3.2000 under Ex.PW-1/3 would be ~28.89 lakhs/acre and pertaining to the sale deed Ex.PW-1/2 the land price would be ~63.[4] 78 lakhs/acre. It was thus urged that the SC;lid 2 sale deeds would be good evidence to determine the fair market v~Jue of agricultural lands in the aforesaid 10 ·villages as of 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7.12.2001, 16.5.2002,.. 25.5.2002 and 27.1.2003 i.e. the 8 dates on which notifications. were issued under Section 4 of the Land Acquisition Act 1894 by suitably increasing or decreasing the price. As an extended limb of this argument, pertaining to village Narela, it was- urged that.· the price needs to be suitably enhanced and for which learned counsel submitted that the same should be at least 10% more LA.App.No.266/2008 & connected matters Page 23 of74 I c; I --,.-- !: I -,-1 ---- ~ and for which the argument was that when in the---Pa~-----·-·­ pertaining to a notification issued on 30.10.1963 under Section· 4 of the Land Acquisition Act 1894, the Reference Court had given said benefit to agricultural lands in village. Mamurpur- Narela by giving a. price benefit of 't2/- per sq;yd. This was I.Jpheld by the Supreme Court in its decision dated 6.8.1987- in • ·C.A.No.4405/1997 UOI vs. Dharambir & Ors. The said decision would reveal.that the price per bigha in. sum of '{6,650/determined by the Land Acquisition Collector was enhanced to ·'{16,750/- per bigha by the Reference Court which was enhanced to '{22,000/- per bigha by this Court and the decision of this Court was reversed by-the Supreme Court and the one rendered by the Reference Court was restored.

11. · Learned counsel for the land owners seconoly urged, in the alternative to the first, that the learned Reference Court, having accepted that due to Bawana Industrial Estate, Narela Residential Scheme and Rohini Residential Scheme having resulted in areas around the acquired lands being urbanized anddeveloped into residential and industrial estates, had resulted in.the subject lands having acquired a building potentiality, required fair market value to be determined with respect to the price at which DSIPC and DDA.i.e. the implementing agencies, ~.. ' which acted as the Nodal Agencies for development of Rohini Residential Scheme and Bawana Industrial Area, sold developed land in the Rohini Residential Scheme and Bawana Industrial Estate and _tor which learned counsel took me through the ·evidence led and as noted by the learned Reference Court, ·which I would be noting hereunder while dealing with the submission urged. ··

12. Alternative to the second submission, being the third submission, it was urged that as held by a Division Bench of this. Court in the judgment reported as 2001 (.93) DLT 150 Bedi Ram. LA.App.No.266/2008 & connected matters Page 24 of74 !>,,, -,- '~;_ ctp vs. Union of India, it was permissible to determine fair market value of acquired lands with reference to the fair market value determined by· Courts at an earlier point of time by giving suitable increase in the market value of the land by percentages ranging between 6% per annum to 12o/o per annum for different· periods. Sh.I.S:Dahiya, learned counsel for some of the land owners handed over a chart, worked upon by learned counsel, with reference to the decision in Bedi Ram's case {supra) as per which price increase per annum till 30.3.1965 had to be @ 6%~ per annum with reference to the base price ~16, 750/- per bigha as of 30.10~1963 i.e. the price affirmed by the Supreme Court in Dharambir's case {supra) and thereafter @ 10% per annum till 31.3.1973 and thereafter @ 12% per- annum till the various dates when the 8 notifications under Section 4 ·of the Land Acquisition.Act 1894 were issued from time to time, and with.... which Lam.concernedd in_.the present.appeals. So worked out, learned counsel highlighted that as of 27.1.2003 the fair market value would come to ~56,88, 759/- per acre and I may highlight that learned counsel had worked out as aforesaid for the reason he was appearing in such ·appeals where the price fixation has to be as of the notification dated 27.1.2003. Other learned counsel urged that on the same principle market value shouJd ·be · assessed· for the preceding notifications dated 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7.12.2001, 16.5.2002 and 23.5.2002.

13. The fourth argument ·advanced was, and for which.. +ef.e.r.e-nce was made by learned counsel for the parties in the evidence led in LAC No.99/2005, which is subject· matter of 2 cross appeals i.e. LA.APP.No.268/2008 filed by the land owners __-:-______and LA.APP.No.292/2008 fifed_by Union..ofJndia, that fair market value should have been assessed on yielq basis by annualizing the yield for a period of 20 years and the evidence was the LA.App.No.266/2008 & connected matters Page 25 of74 i:: l ~I ·,:I ] ' ' i:~~~ ~ I 'I,: •' r:·: -~' ' i (~ testimony of Ram Kishan to the e_ffect that by selling agricultural: produce from his lands he used to earn ~1 Jakh per bigha per --.- annum i.e. the fair market value as of 7.8.2000 i.e. the date of the notificat:ion issued under Section 4 of the Land Acquisition Act 1894 was issued pursuant whereto the land of Ram Kisha·n and others were acquired. It was.thus urged that the fair market value as of said date should be ~20 lakhs per bigha. 1 may highlight that the fourth argument was only projected by. Sh.S.Chaturvedi, learned counsel who appeared for Ram K.ishan and others i.e. the appellants.ifl LA..APP.No.2·68/2008 and the respondents in LA.APP.No.292I2008.

14. The fifth argument advanced was by Sh.T.P.S.,Kang, Advocate who appeared in a few matters and urged that for each of the notifica.tion in question the fair market-value ought... to have been determined with reference to the· notification ----~w'-Lh!L:!icb was cJos_e.st in point of time where under minimum land value was fixed by the Government, and the notification dated. 24.1.2008 where under ~53 lakhs per acre was the minimum price fixed as of 18~12.2007; the mean average principle to be /,-- \~ adopted was the precise argument.

15. The last argument, which was in the alternative to the first 5, pertained to the notification dated 27.1.2003, dealing wit~ which, in some References the learned Ref~rence Court had, with reference to a sale deed dated 20.5.2002, where under 1 bigha and 13 biswa of land comprrsed in Khasra No.200 (1-13) in the revenue estate of village Rajapur Kalan was sold-for ~5,39,690/-, determined the fair market value as per the said sale deed in the following·: words: (_Refer para 17 of ~he decision dated 7.1.2010 in LAC No.117A/2009): "If we add stamp dUty in. the sale price '{3,69,90fiL~ per bigha ~5,39,69Jl/~_:_:t 70,160 = 6,09,850 for 1 bigha and 13 biswa) which comes.to'={11,74;109!per acre or "t.3,68,906!- per bigha. Further II we give 12%. LA.App.No.266/2008 & connected matters· Page 26 of74 ~\ [,' -,-, I I;;, -,-- I i:',[1] --~1 __,.. ~- ')~ increase on said amount for intervening period- between the' date when the sale deed was executed and the date of -------notification u/5 4 (20.05.2002 to 27.01.2003} i.e. 8 months it comes; to '{19,16,0371- (round off'{J~1_6,040l)." The argument was that if we look at the award relatable to the said acquisition i.e. ·Award No.10/DC(NW)/2004-05, it would reveal that the award pertained to 2188 bigha and 3 biswa land of which 1922 bigha and 18 bisw_a land was put ~n-~~!~Q-~~ry 'A', 45 bigha and 2 biswa in Category '8' and the remainder 220 bigha and 3 biswa · in Cate_go~y_ 'C'. The subject sale deed clearly referred to the land being comprised in Khasrai\T0.2UO and thar p-age No.56-57 ····---------of the award would eviaenee-llicn--Tana-comprised in Khasra No.2b0 ad-measuring 1 bigha and 13 biswa was.placed in Category 'C'. Whereas the Land Acquisition Collector had determined fair market value as of the date of the notification i.e. 27.1.2003 in sum of '{15.[7] lakhs per acre ba.sed upon the notification dated ·9.8.2001 where under said price had been fixed as the minimum price as of 1.4.2001, and thereafter had depressed the same by '{1.[7] lakhs per· acre for Category 'B' lands, fair market value determined whereof was '{14 lakhs per acre and further depress the same by another '{1.[7] lakhs per acre for Category 'C' lands, fair market value· determined whereof was '{12.[3] lakhs per acre. · It would be apparent what the argument was. The argument precisely was that if the market value had to be determined with respect to the sale deed in question, the same had to be- for. Category 'C' lands and for Category 'B' and Category 'A' lands the price had to ne increased by ~1.[7] lakhs per acre for each category.

16. I have already noted hereinabove the arguments which were advanced by Sh.Sanjay Poddar, learned senior counsel who -·-----·-- --- ----·· - ----------------appeared for the Union of India and the same are reflected in para 9 above and hence I need not repeat the same. LA.App.No.266/2008 & connected matters Page 27 of74 ~-- 2011:DHC:18689,.:: i eel --,--; i \ ·. -1 I ' ~~

17. In various sub-paras of para 6 hereinabove, I have capsuled the reasoning of the learned Land Acquisition Collector and the learned Reference Court pertaining ·to the 8 notifications issued under Secti_~n 4 ~f the Land Acquisition Att. 1894 and relatable to the 10 villages and thus I commence my journey to deal with the arguments advanced keeping in view the facts noted as also the reasoning of the learned Land Acquisition Collector and. the learned Reference Court as per various subparas of para 6 above.

18. But before dealing with the arguments I need to highlight various anomalies which strike the reader at the outset. The same would be:-

17. In various sub-paras of para 6 hereinabove, 1 have capsuled the reasoning of the learned Land Acquisition Collector and the learned Reference Court pertaining to-·the 8 notifications issued under Secti_~n 4 ~f the Land Acquisition Att. 1894 and relatable to the 10 villages and thus I commence my journey to deal with the.arguments advanced keeping in view the facts noted as· also the ·reasoning of the learned Land Acquisition Collector and the learned Reference Court as per various subparas of para 6 above.

18. But before dealing with the arguments I need to highlight various anomalies which strike the reader at the outset. The same would be:-

19. Since 1 am. dealing with acquisitions in 10 villages and 8 notifications issued under Section 4 of the Land Acquisition- Act 1894, 1 think it advisable to put in a tabular form the relevant LA.App.No.266/2008 & connected matters Page 29 of74 I -.-, I -,-, -~.. \:;

19. Since I am dealing with acquisitions in 10 villages and 8 notifications issued under Section 4 of the Land Acquisition. Act 1894, 1 think it advisable to put in a tabular form the relevant LA.App.No.266/2008 & connected matters Page 29 of74 ·': ~! J I --:- --..!:._ c r:.' _l: ~;,---: ·' i ~ I:":.: '' ---· -- - -- facts,. _which \~mula __be -my- data for-- furth-er af\iHysis.-- P_ut in a.. ···----··-·-·----···-------------- ··----···- - -·--·-- --------.... ------tabular form the data would be as under:- Village - Date of LAC compensation ADJ compensation Section - 4 (in lakhs/acre) with (in lakhs/acre-) with Notification reasons reasons Pooth 7.8.2000 Cat. 'A' f13.82 Cat. Uniform. Khurd Cat. '8' t12.26 f14.3728. Minimum price as- -Minimum price as of 1.4.2000 of 1.4.2000 with 12% increase p.a. Holambi 7.8.2000 f13.82 f14.12995. Kalan Minimum price as Price as in Gajrals of 1.4.2000 case as of '------ 15.11.1996 with Holambi 22.8.2001 Cat. 'A' f15.[7] Cat. Uniform. Kalan Cat. '8' tl[4] ~16.43811. Minimum price as Minimum price -as of 1.4.2001 of 1.4.2001 with 12% increase p.a. _ I Holambi 23.5.2002 ~15.[7] -- ~22.14239. Kalan -· Minimum ·price as Price:as in Gairals of 1.4.2001 case as of 15.11.1996 with 12% inc;:rease p.a. -(~· (compounded) I - 8awana 7.8.2000 Cat. 'A' {13.82- No enhancement Cat. '8' t12.62 given. __ Minimum price as of 1.4.2000 - - -- ----- - "·- - - - Khera 11.9.2000 Cat. 'A' fl[3].82 Cat. Uniform. Khurd Cat. '8' {12.62- f14.40157. '(""; Minimum price as Minimum price as ------- of_L4~ 20Q_O____:_____ _ of 1.4.2000 with 12% increasep.a.. --·--·- -- Narela 2.5.2001 Cat. 'A' f15.[7] Cat. Uniform. Cat. 'B' f14 {15.857. ------------- --- -- Minimum price as Minimum price as of 1.4.2001 of 1.4.2001 with LA.App.No.266/2008 & connected matters Page 30 of74 ~'?( I 'I i, I_ 2011:DHC:18689: I ',i,::: ~j '",··.;: -~' ij l;,; " ~:,, ',, ' ! ( ·-r- '~ Ali Pur Ali Pur Holambi Khurd Rajapur Kalan 22.8.2001 23.5.2002 22.8.'2001 22.8.2001 ----------+-· --- Rajapur Kalan Sanoth Sanoth I 27.1.2003 7.12.2001 27.1.2003 Cat. 'A' t15.[7] C:at:··s·t14 Minimum price as of 1.4.2001 t15.[7] Minimum price as of 1.4.2001 t15.[7] f15.[7] f16.43811. Minimum price as of 1.4.2001 with 12% increase p.a.. f17.8524 ~Cb Minimum price as of 1.4.2001 with. f16.43811 Minirrlum price as of 1.4.2001 with fl[6].43811 Minimum pr~ce as IMinimum price as _of 1.4.2001.of 1.4.2001 with Cat. 'A' tl~.[7] Cat. 'B' fl[4] Cat. 'C' f12.[3] f15.[7]

1. ~19.13765 for Uniform category. ·1 Minimum price as of 1.4.2001 with 12o/o increase p..a. in some cases.

2. f19.1604 for Uniform category ·based on· sale.deed dated 25.5.2002 with 12%>. increase p.a. ~16.99042. Minimum price as of. 1.4.2001 with f19.13765 for Uniform category, 1\' Minimum price as Cat. 'A' f15.[7] Cat. 'B' ~14. Cat. 'C' f123 Minimum price of 1.4.2001 as 1of 1.4.2001 with LA.App.No.266/2008 & connected matters Page 31 of74 [.< Shahpur 16.5.2001 Cat. 'A' ~15. 7 ~17~15369.. ----·-··-· Garhi Minimum price as Minimum price as of 1.4.2001 of -1.4.2001 with --- ···-···-·--··· compound interest @ 11.5% p.a. Shahpur 23.5.2002 Cat. 'A' ~15.[7] ~17.79781. Garhi Minimum price as Minimum price as of 1.4.2001 of 1.4.2001 with compound interest ·. @ 11.5% p.~. " ·.,._..

20. I now propose to deal with the 6 submissions urged by learned counsel for the land owners and ·the 2 ·. submissions · urged by the Union as noted in paras 10 to 15 hereinabove {pertaining to the land owners) and para 8 above (pertaining to Union of India).

21. The first argument is predicated on the 2 sale deeds, Ex.PW-1/3 which is dated 25.3.2000, and the sale deed Ex.PW- 1/2 ~hich is dated 25.4.2001. As per the former, fair market value for the former comes to ~26.75 lakhs per acre and the latter @ ~63.478 lakhs per acre. The learned Reference Court has rejected the 2 sale deeds as reliable evidence to determine fair market value of agricultural lands, for all the villages in question on the reasoning that the sale deed Ex.PW-1/3 was purchased· by a religious trust by the name of 'Radha Swami Satsang' and Suraj Bhan PW-6 who had tendered the sale dee.d in evidence, while deposing in Court in LAC No.68/200S 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 been held not to be reliable evidence to determine fair market value of agricultural lands on the reasoning it was purchased by aNon Government · Organization "Christian Organization" and as per the testimony LA.App.No.266/2008 & connected matters Page 32 of74:~~ i I 1. 'l •'' •' ____,_, J § ! s: I -,-; I ] i': I i7·' ~- ~'() of PW-7 Sister Annie, the secretary of the organization stated tl+at-the oraanizati-on had to oav the -nrin~ for the said piece of.· land as it was the only plot of the. requisite 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 decisions reported as 1995 (1) SCC 717 Land Acquisition OfficerE/uru & Ors. Vs. /sti Rohini & Anr. (Refer.. para ·6) and 2009 (14) SCC 369 Mohd Raufuddin Vs. Land AcquisitionOfficer (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 value of land Jn an __________,a,_,__re=a=-.!.f=o_,__r.the reason there may be special circumstances which ( -'-.____-· have led the buyer.. to pay a higher price. The true test is the price which a well informed willing. buyer would pay- to an equally well informed seller without- being influenced by any. special circumstances or the fancy to buy a particular piece of land. An informed buyer would be one who has studied the market and 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 particular piece of land, he may pay a much higher price and this would not be a good index of fair market value of the lands in the area. I would be failing if I do not highlight that the Union of India had relied upon l the sale deed dated 20.5.2002, which ·was accepted by the learned Reference Court pertaining to the notification dated -------·-··- --- 27.1.2003 where-under agricultural land in village Rajapur Ka·lan was sold by an agriculturist to an agriculturist for a much lesser· price i.e. ~17, 74,109/- per acre as against 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 Ex.PW-1/2 and Ex.PW.;.1/3, LA.App.No.266/2008 & connected matters Page 33 of74.. ';',' -.__],, themselves are having intrinsic evidence of the fanciful price and ex-facie destroy each other~·:2~______Thus.... aQart from the reasoning of the learned Reference Court, with which I concur, afore-noted reasons in para. 21 above w_o._uld be additi.o_nal reasons to hold that the 2 sale deeds would advisably not be good evidence wherefrom fair market value of subject lands can be determined and more so for the reason I find that under various awards nearly betvveen 7,000 to 8,000 bigha of land have been acquired and when the acquisition is of such large an area, ft would make all the more a reason to be circumspect ·an- sale deeds having intrinsic evidence of the 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.I.S.Dahiya being the d~cision dated 19.12.2008 disposing of a batch of appeals,- lead matter being. LA.App.No.193/2006 Pratap Sinqh (since deceased) thru LRs Vs. VOl & Ors. It was highlighted that the sale deeatherein by which L&T ·had purchased 8 bigha and 9 biswa Df 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 the Court and the price in question, with suitable deduction on account of the parcel of land being large, was.. accepted by the Court and thus even in the instant cases the.[2] sale deeds in question i.e. Ex.PW-1/2 and Ex.PW-1/3 should be treated as the basis to determine fair market· value. The argument ignores the reasoning in the decision of the Division Bench in p·aras 37 to 38 wherein the Division Bene~, did not accept the value in the sale deed on its own logic. as indicative of the market value, bur--nrancr·-that if the price therein was reduced by l/3rd, the price arrived at would be the same as LA.App.No.266/2008 & connected matters Page 34,of 74 ""'\ 2011:DHC:18689;;-:--·,-~·.---' • !,;·,. ·..:v ····---- ---· ··-- ----·-··---·----·--·---···-·---·- -.. \1\..: f ' would be price arrived at with reference to the average rate of the sale deeds produced by the Union of India i.e. the sale deeds produced by the Government were giving a price of f[1],37,000/per bigha and the sale deed under which L&Thad purchased the land gave the price t[3],26,600/- per bigha and the average would -. ·come -to f[2],,31,800/- which was near about the price of - t[2],15,160/- per bigha, if 1/3rd would be deducted from the sum. of ~3,26,600/-. It may further be highlighted that in the said judgment the year of the sale was 1993 and the notification under Section 4 of the Land Acquisition Act was dated 24.7.1995 and 16.11.1995 and the Court determined fair market value as. of the said dates at the same sum arrived at as aforesaid i.e. t[2],15,160/-. In other words, the reasoning of the Division Bench is not to be read. pedantically but meaningfully. It is not that the Court treated the sale deed in question as the basis for if it was....... so, the appreciation for 2 years had required to be given. · I. would highlight once again, that I have hereinbefore already noted the inherent contradiction in the value of the land price as per the 2 sale deeds and this itself is intrinsic mutuaiiV destructive evidence of the 2 sale deeds reflecting fair_ marketvalue.

24. Thus, the first argument as noted in para 10 above is rejected and I immediately highlight that the extended limb of the argument that after accepting the said sale deeds as indicative of the fair market value of the land, pertaining to.,. vlllage--Narela, in view of the decision in Dharambir's case (supra), land price should be suitably enhanced _would be dealt with by me at the_end when I determine the fair market value of lands for the villages in question.

25. The second argument, contours whereof are· to· be found in para 11 of my decision herein above, I need to note the LA.App.No.266/2008 & connected matters Page 35 of74 I !:::..-: ~ I: i -,I ' 'I '' ' •" 1..!'-.J c::::: ' '' ':',' _,, I c-., p (~ (~ ~. ------- -.-.. ----..... ~....... ---·-.---------- -··-----------·----------~~-:-----·_:-:. -- ·····----~-- ~---------------------__ -~--1---latesfpronouncement ofthe Supreme Court on the issue as per the decision reported as 2009 (15) SCC 769 La/ Chand vs. UOI. 26_. But before that I must highlight that the decision in La/ Chand's case (supra) predicated a claim on a DDA brochure whereunder, on lease-hold basjs, residential plots were allotted for residential housing scheme and. the argument was being ·considered for fixation of fair market value of agricultural lands in village Rithala, where further lands were acquired for the same residential scheme i.e. 'Rohini Residential Housing Scheme'. I highlight that agricultural lands in village Rithala are situated within the 'V' formed by NH-1 and NH-10 i.e. G.T.Karnal Road and Rohtak Rpad.

27. Pertaining to the price charged by DDA after acquiring agricultural lands, developing the same and - transferrin_g perpetual lease-hold rights, which observations would equally be relevant to industrial layouts, in paras 11 to 27, the Supreme Court observed and held as under:- "Whether the DDA brochureis relevant evidence?

11. The DDA brochure (Ext. X-1) dated 9-2-1981 is an invitation seeking applications from members of the public for allotment of plots on lease basis under the Rohini Residential Housing Scheme. The brochure stated· that the plots were in_ a layout formed/to be formed in Rithala and the surrounding villages. The brochure gives the following provisional rates for allotment of plots on leasehold basis: ·-----·-- Rate (per square metre)

51. No. Plot size Category

1.

2.

3. --4-.-

5. 26 sq m 32 sq m 48 sq_f!1·- 60sq m 90 sq m Economically weaker sections. (EWSr ____.._______...... Low income group (LIG) Low income group {UG_} Middle incom~ group (MIG) Middl!= income group (MIG) n,j LA.App.No.266/2008 & connected matters Rs 100 Rs 125 Rs 150 Rs 200 Rs 200 Page 36 of74 · ---- -,.,J, '-'-'...:_. ------ ~~ The appeJJants contend that Rs ISO per square metre which is the average of the said provisional rates, should.be taken as indicative -of the ruling market price.

12. On careful consideration, we are of the view that such allotment rates of plots adopted by ·development· authorities like DDA cannot form the basis for award of compensation for acquisition of undeveloped lands for several. ·reasons. Firstly, market value has to be determined with reference to large tracts of undeveloped agricultural lands in a rural area, whereas the allotment rates. of development authorities are with reference to small plots in a developed layout falling within urban area. Secondly, DDA and other statutory authorities adopt different rates for plots in the same area with reference to the economic capacity of the buyer, making it difficult to ascertain the real market value, whereas.market value determination for acquisitions is uniform and does not depend upon the economic status of the land loser. Thirdly, we are concerned with market value of freehold ·tand;·-whereas the attotment "rates" in the. DDA brochure refer to the initial premium payable on allotment of plots on leasehold basis. We may elaborate on these three factors. First factor

13. The percentage of "deduction for development" to be made to arrive at the market value of large tracts of undeveloped ·agricultural land (with.potential · for. development), with reference to the sale price of small developed plots, varies between 20% to 75% of the price · of such developed plots, the percentage depending upon the nature of development of the layout in which the exemplar plots are situated.

14. The "deduction for development" consists of two components. The first is with reference to the area. required to be utilised for developmental works and th.e second is the cost of the development.works. For example, if a residential layout is formed by DDA or similar statutory authority, it may utilise around 40% of the land area in the layout, for roads, drains, parks,. playgrounds and civic amenities (community facilities}, etc

15. The development authority will also. incur considerable expenditure for development of undeveloped land into a developed layout,. which includes - the cost of levelling the land, cost of providing roads, LA.App.No.266/2008 & connected matters Page 37 of74 · ! I I ! I.,.., ' il,c-. '---,__ ' I ! I '' ''i -1 --i j " i ~ underground drainage and sewage facilities;-Ta}lifl'"~f-watef lines, electricity lines and developing parks and civil amenities~ whieh would be·about 35% of the value of-the· developed plot. The two factors taken together would be the "deduction for development" and can account for as much as 75%) of the cost of the developed plot.

16. On the other hand, if the residential plot is in an unauthorised private residential layout, the percentage of· "deduction for development" may be far less. This is because in an unauthorised layout, usually no land will be set apart for parks, playgrounds and community facilities. Even if any land is set apart, it is likely to be minimal. The. roads and drains will also be narrower, just adequate for ' movement of vehicles. The amount spent on development work would also be comparatively less and minimal. Thus · the deduction on account of the two factors in respect of plots in unauthorised layo_uts, would be only about 20% plus 20% in all 40% as against 75% in regard to DDA plots.

17. The "deduction for development" with reference to prices of plots in authorised private residential layouts may range between SO% to 65% depending upon the standards and quality of the layout.

18. The position with reference to industrial layouts will be different. As the industrial plots will be large (say of the size of one or two acres or more as contrasted with the si:z.;e of residential plots measuring 100 sq m to 200 sq m), and as there will be very limited civic amenities and no playgrounds, the area to be set apart for development _(for roads, parks, playgrounds and civic amenities) will be far less; and the cost to be incurred for development will also be marginally less, with the result the deduction to be made· from the cost of an industrial plot may range.only between 45% to 55% as contrasted from 65% to 75%for residential plots.

19. If the acquired land is in a semi-developed urban area, and not an undeveloped rural area, then the. deduction for development may be as much less, that is, as little as 25% to 40%, as some basic infrastructure wiH already be available. (Note: The percentages mentioned above are tentative standards and subject to proof to the contrary.)

20. Therefore the deduction for the "development ·factor" to be made with reference 't:o the price of a small plot in a developed layout, to arrive at the cost of undeveloped· land, will be far more than the deduction ( ~'"') LA.App.No.266/2008 & connected matters Page 38 of74 I y;-:i ! ~ ' ' !, i:',: J ':.,[1] ~ I ~:. !::: ~J ',':: ---···· ' ~ with reference to the price of a small plot in an unauthorised private layout or an industrjal layout. It is afse---wett--kftow-ft that the development cost incurred by statutory agencies is much higher than the cost· incurred by private deyelopers, having reg.a-r:d--to. higher overheads and expenditure.

21. Even among the layouts formed by DDA, the percentage of land utilised· for roads, civic amenities, parks and playgrounds may vary· with reference to the· nature of layout-·whether it is residential, residential- -~------t::C±UH-mH-t:C±OH-m~-+ml-f-tt'e"-H:rcial or indust-r-ia+; aoo even among residential layouts, the percentage will differ having regard· to· the size of the plots, width of the roads, extent of community r \.__,__ -------facilities,- -p-arks and playgrounds provided.

22. Some:of. the -layouts formed b-y· --The· statutory Elevefepment authorities may have targe areas earmarked for water/sewage treatment plants, water tanks, electrical substations, etc. in addition to the usual areas earmarked · for roads, drains, parks, playgrounds and community/civic amenities. The purpose of the aforesaid examples is only to show that the "deduction for development" factor is a variable percentage and the range of percentage itself · being ver-Y wide from 20% to 75%. Second factor.

23. DDA and other statutory development authorities adopt different rates for allotment of plots in the samelayout, depending upon the economic._status of the allottees, classifying them as high income group, middle income group, low income group, and economically weaker sections. As a consequence, in the same layout, plots may be earmarked for · persons belonging to economically weaker sections at a price/premium of Rs 100 sq m, whereas the price/premium charged may be. Rs ·_ 150 per square metre for members of low income group, Rs 200 per square metre for persons belonging to middle income group and Rs 250 per square metre for persons belohgThg to high intbme groups. · ·

24. The ratio of sites in a layout reserved for HIG, MIG, LIG and EWS may also vary. All these varying factors reflect in the rates for allotment. It will be illogical to take the average of the allotment rates, as the "market value" of those plots does not depend upon the cost incurred by DDA statutory authority, but upon the paying capacity of the-·applicants1orarTOhnent. - ·------------ - -· Third factor LA.App~No.266/2008 & connected matters Page 39 of74 ":: ~----- -,-----J

25. Some development authorities allot plots· on freehold basis, that is, by way.of absolute sale. Some development authorities Hke DDA allot plots on leasehold basis. Some have premium which is almost equal to sale price, with a nominal annual rent, whereas others have lesser premium, and more substantial annual rent.

26. There are standard methods for determining the annual rental value ·with reference to the value of a freehold property. There are also standard methods for determining the value of freehold (ownership) rights with· reference to the annual rental income in regular leases. But it is very difficult to arrive at the market value of a freehold property with reference to the premium for a leasehold plot allotted by DDA. As the period of lease is long,· the rent is very nominal, sometimes there is a tendency among the public to equate the lease premium rate (allotment price} charged by DDA, as being equal to the ·market value of the property~

27. However, in view of the difficulties ·referred to. · above, it is not safe or advisable to rely upon the allotment rates/auction rates in regard to the plots formed by DDA in a developed layout, in determining the market value of the adjoining undeveloped freehold lands. The DDA brochure price has therefore to be excluded as being not relevant." 2-8-; The evidence on the subject has been· discussed by the learned Reference Court and I reproduce the same by extractin-g from LAC Reference No.ll7A/2009. The argument advanced before the learned Reference Court, being the same as was advanced -before me, has been noted by the learned Reference Court with reference to the evidence relied upon. It reads:- "Ld. Counsel foLtlle_p__e_titLon_ers_has furthersubmitted that··DDA & DSIDC allotted plots in Narela Residential Area and Narela Industrial Area at much higher rate~ He has relied upon allotment letter dated·04.01.2000 issued by DDA of the plot no.52, Pkt. 03, Sector A-5, Narela which was allotted to Sh. Hem Chander at the: ·pre-determined rate of ~3028/- which he has proved as Ex. PW6/1, Allotment lett€r dated 26.06.2003 of plot no.55 Pocket 03, Sector-05 area measuring 70 Sq. metres in which rate was fixed as ~3,989 per sq. metres, which is Ex.PW6/2 both this and allotment letter dated 09.07.90 of industrial plot allotted by DSIDC i.e. LA.App.No.266/2008 & connected matters.'-.)-.._ rx;._. -~ I::·i ! i I I '., ~ ' j n,._ (":-- '~plot no.270, -measuring 350 sq. yards at. Narela _ __ ~ndustrial Comp~~x_at the _rate of ~650 sq._ metres which is Ex. PW3/1 and another allotment letter dated 25.04.2000 of industrial plot which is Ex. PW3/2, which was sold at ~3000 per sq. metres.. Further Ld. Counsel has submitted that from the statement of PW[9] Kanwal Singh & document Ex. PW11/l, which is detail of land acquired. It is apparent that total land acquired is 7209 bigha. Thus total cost of development per bigha would be 1794400000 = ~248911 whereas Ld. Counsel has submitted that DDA by selling alternate plot in Narela Residential Scheme @ ~3208 would be ~2531408/- per bigha. And if 30% of the total area utilized. for roa.ds, park, drain etc. total area comes for sale is 70% so the price of per bigha would come to (2531408 -759422 = 1771986[6] per bigha). And after·,, d-educting development charges from sale price of one blgha i.e. ·~1771986 - 248911 = 1523075 per bigha, where as petitioner has been given rate only ~3.27,083/- per bigha... - Similarly he·has tried to demonstrate the profits earned by DSIDC. He has relied upon testimony of PW[7] 'v---~ ---------.. ---- R._r:h Sharai~·- Asstt._ Manager, DS_IDC who,has produced documents Ex. PW7/A (Colly). Ld. Counsel has argued that total.expenditure incurred on development of Narela Project by DSIDC was 720526901 till 2001 and total area of plots with DSIDC was 11247 hectare i.e. 1361250 sq. yard. Therefore, total earning of DSIDC is ~2142917 per bigha, calculation is as under: ·---··----- ··-----··-.. Total area under plots - 112.47 hec i.e. 1361250 sq. yards. Price per sq. metre in - ~3000/- per sq. yards the year 2000 at which DSIDC sold plot Total earning - ~4083750000 Total expenditure - ~720526901 Tgt~l profit _____ - ~3363223099 ·Le. Profifcomes to ~2470--per sq. yaraar·--~24TOOOO per bigha (i.e. 3363223099 divided by 1361250 sq. yards) and the LAC has paid compensation @ ~327083 per bigha · only, meaning thereby that DSIDC has earned a profit of ~214291.1per bigha. ______. Ld. Counsel for the_ petitioners has further argued that LAC has awarded compensation @ ~327083 per- LA.App.No.266/2008 & connected matters P.age 41 of74 -, _j I: -"-bigha for the land in question if 200% appreciation of the 0said price is considered ___Qn a.ccount of land, the figure comes to ~654166. If the amount is deducted from sale _p_ric~__per bi_gjla_ i.e. ~24700000, the figure comes to ~1815834 per bigha & petitioner is entitled for the same."

29. Now, vve do not have evidence as to what was the extent of plotted land· sold by DSIDC or DDA with reference to the Bawana Industrial Estate developed by DSIDC and Narela Residential Scheme developed by DDA. Whether it was 20% or 75%, we. do not know. The inchoate evidence has resulted !n the same factors, being 3 in number which were noted by the Supreme Court in La/ Chand's case (supra), which render this evidence as most unreliable to determine the value of Jand in the subject cases.

30. It is no doubt true, as held even by- the learned Reference Court, that with the development of Bawana Industrial - Area, Rohini Residential Scheme and Narela - - - - - - - Residential Scheme, the subject lands had acquired a building -potentiality, but the question would be what would be the value to which the building potentiality would translate itself.

31. I hold that the le·arned Reference Court, keeping in view the observation and the findings of the Supreme Court in La! Chands case (supra) has rightly rejected said evipence as 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.

32. The third submission in the alternative wa_s._ based upon the observations of a Division Bench of this Court in Bedi Ram's case (supra),- and the submission is as noted_ tn para ·12 here;in _ above. The land owners require the ___Q[Jc~--- det~rm-ined in Dharambils case {supra) relating to the notification dated LA.App.No.266/2008 & connected matters Page 42 of74 I !;;-;--- ~-- -i -,-- '~ ' ~··- "' to be treated as the basis and progressively increased, firstly by 6% per annum, then by 10% per~annum and lastly by 12% per annum for different periods and thereby determine the fair market value for the 8 notifications in question.

33. It be hi.ghlighted that in Bedi Ram's case (supra}, with ---···---~·-------------·- ------··· --------------- --------.------------------· -···-reference to the base date as. of the year 1959, for the year 1976 i.e. a period spanning 17 years the Division Bench of this Court applied the progressive increase method by firstly enhancing the price per annum by 6% till the year 1965 and then by 10% per annum till the year 1973 and finally by 12% for the remaining 3 years.

34. However, in La/ Chands case (supra), the Supreme Court categorically opined as under:"" "Whether the award relating_to acquisition on 24-10- 1961 is relevant?

47. The appellants conten[9] that some lands in Rithala were acquired. under Section 4(1) Notification dated 24-10-1961 for the planned development of Delhi and compensation was~ awarded at the rate of Rs 7000 per bigha. Their contention is ·that as the present acquisition is in the year 1981, the market value ofthe acquired land should be determined with reference to the market value determined for the 1961 acquisition by providing an appropriate increase at the cumulative/compounded rate of 12% per annum. This. Court had occasion to examine this issue recently. In ONGC Ltd. v. Rameshbhai }ivanbhai PateLlO this Court · held: (SCC p. 751, para 15) "15. Norfl1ally, recourse is taken to the mode of ""' ··········----·determining·the market value. by providing ··------ --·---· appt op[1] iate -escalation overlhe---provett-market value of nearby lands in previous years (as evidenced by sale transactions or acquisitions}, where there is. no evidence of any contemporaneous sale transactions Qr. acquisitions of comparable lands in the neighbourhood. The said method· is reasonably LA.App.No.266/2008 & connected matters Page 43 of74 i I •'' I ~~ ' ~ '~ ----safe · ··:· where- -~-~~-~:~::~-~~----~--on ---------~~e. ~'\ transacti-ons/acquisitions precede the subject acquisition by only a few years, that is, up to four to five years. Beyond that it may be unsafe, even if it relates to a neighbouring land. What may be a reliable standard if the gap is of only a ·few years, may become unsafe and unreliable standard where the gap is larger. For example, for determining the market value of a land acquired in 1992, adopting the ali"ftual increase method with reference to a sale or acquisition in 1970 or 1980 may have many pitfaHs. This is because, over the course of years, the 'rate' of annual increase may itself undergo · drastic change apart from the likelihood of occurrence of varying periods of stagnation in prices or sudden spurts in prices affecting the very standard of · increase." (emphasis supplied). 48. Even if the relied upon transaction is only two to three years prior to the acquisition, the court should, before adopting a standard -escalation, satisfy Itself that there were no adverse circumstances. For example, if the· acquisition is of this year 2009, it may not be possible to determine the· market value, based on the 2007 or 2008 prices, by providing an increase of 12% or 15% per year, as the newspaper reports disc~ose that the price of immovable properties in most areas of the country came down by more than 40% to 50% from the. 2007 rates. Caution is therefore necessary..before incre~sing the price with reference to the old transactions. Be that as it may. It is clear that the award made in regard to a 1961 acquisition will ·not be of any.use for determining the market value for a 1981 acquisition."

35. It is apparent that the ratio of law laid down by the Division Bench in Bedi Rilnt-s case (supra) runs in the teeth of the law decla-red by the Supreme Court in La! Chands case (supra),· which decision foHows- an earlier decision of the Supreme Court reported as 2008 (14) SCC 745 ONGC Ltd. Vs. Rameshbhai /lvanbhai Patel. LA.App.No.266/2008 & connected matters Page44 of74 ·; ·' CCJ--"-" i I I! --c-; --,, ' I ~ • I -,--- !:: ' <_,rV "" "36.--"---------tn--the instant case there is another goo.d reason "'not to follow the law laid down in Bedi Ram's case (supra) for the reason I find that a.. Co-ordinate Division Bench of this Court, in the decision reported as 88 (2000) DLT 650 (DB) Saraswati Devi & Anr. Vs. UOI & Ors., pertaining to agricultural lands in viflage Mamurpur - Narela, did no~ apply the progressive" percentage increase with reference to the price determined in Dharambirs C:ase (supra) as of the year 1963, which would have resulted in the land price being determined in village Mamurpur- Narela as of 14.3.1980 @ ~2010/- per annum per bigha and gave the increase @ ~1000/- per bigha. If Bedi Ram's principle was applied the price would have come to approximately ~50,000/­ per bigha but the learned Division Bench determined the same at ~3370.00/- per bigha.

37. That apart, as would be noted herein after by me, while discussing on the issue of the fair market. value of subject lands, in the unreported decision of a Division Bench of this Court in " " LA.APP.No.866/2005 decided on 11.5.2006, Mahender Singh vs. UOI & Ors. and connected Land Acquisition Appeals pertaining to agricultural lands in village Bawanai and I highlight that one. village with which I am dealing is village Bawana, pertaining to a notification dated 15.11.1996 issued under Section 4 of the Land Acquisition Act where-under 3604 bigha and 18_ biswa of agricultural land in village Bawana was acquired for an industrial estate i.e. Bawana Industrial Estate, the fair market value as of 15.11.1996 was determi"ned @ ~1,99,904.68 bigha ··which equals to ~9,59,542.46 per acre and relevant would it be for me to highlight that if the notification dated 25.7.1997 by which price for agricultural land being the minimum price determined by the." Government was ~10 lakhs per acre as of 1.4.1997, the price LA.App.No.266/2008 & connected matters Page 45 ofi[4] --~-- _j, I i, i,I ':! ",, I I determined by the Division Bench would equal the minimum price notified by the Government.

33. If 1 wPrP tn tAIO" thfS nrirP ~c: ••f 1 1:1·:11~-l~ @ ~9,59,542.46 per acre, pertaining to the notifications with which I am concerned, the price would be approximately the same as determined by the learned Reference Court if I give benefit of progressive increase by 10% per annum. But, I leave it at that for the moment for the reason,· as assured by me herein above, I would be ho~istically discussing the subject while opining upon the fair market value of the subject lands as on date of the anotifications in question.

39. The Jo.urth argument, which was advanced only by Sh.S.Chaturvedi, learned counsel who appeared for Ram Kishan and others, the appellants in LA.APP.No.268/2008 and who are the respondents in the Cross Appeal filed qy Union of India· i.e. LA.APP.No.292/2008, is as noted in para. 13 above i.e. the testimony of Ram Kishan that from the subject lands belonging to the family they were earning fl.lakh per bigha by sale of agricultural produce.

40. The learned Reference Court has not accepted the testimony of Ram Kishan because he gave no' proof in support of his oral testimony.

41. The reasoning of the Court tha.t there was no- c_rop standing on the land when its possession was taken over on 4.10.2000.would require an infe~ence to be drawn that the acquired lands belonging to the family were not ·being put to agricultural use and growing 3 to 4 crops per year, is fallacious no doubt, for the reason it is matter of common knowledge that by the 3rd week of September rice is harvested in Delhi and if vegetables are grown. even they are harvested and the land is left fallow for some time, to be readied to grow wheat which is LA.App.No.266/2008 & connected matters Page 46 of74 ·~~ -·· i I I ',. i I r:: I j. I i I,r-l_ --~-- L)\ --.. ·-··· the family, as claimed by him, was earning ~1 lakh per bigha, for the lands belonging to the family, which admeasure 18 bigha ·-------·---·-·-------··· and 18 biswa, the annual- income •~-tould be ~19 lakhs and one finds it strange that nota penny w-as fnv-ested in a bank or a security wherefrom interest or dividend could be earned. Besides, there is no proof of such high volume of sales being effected in the local Mandi or othenivise. The trader to whom the produce was sold has not been examined. No proof of number of workers employed, diesel purchased to run the tube.. well,- if any, to irrig.ate the fields or electricity biJis paid if the pump was electrically d-riven has been furnished and if the fields were irrigated by canal water, no proof of any payment. made to the irrigation department has been furnished. Thus, the learned Trial judge is fully justified in not adopting the yield basis, by capitalizing the same, to determine the fair market value of lands. There is no reliable evidence on the issue of the yield and the self serving deposition of Ram Kishan has been rightly ·rejected~

43. If there is reliable evidence of an independent expert or there is otherwise reliable evidence, as was found in the decision of the Supreme Court reported as JT 1997 (1) SC 444 State of Gujarat & Drs. Vs. Rama Rana & Drs., pertaining to the yieid from- -ag-ricultura( land, only then it would be safe to determine fair market value by applying the principle of LA.App.No.266/2008 & connected matters Page 47 of74 I, I;':,'I r': I: '' ' ! /'- /-~· '-'-capitalizing on the yield basis and that too, the capitalizing being 10 times the annual yield and not 20 tim-es as was sought to be projected.

44. The fifth argument which was advanced, as noted herein above in para 14, by Sh.T.P.S.Kang, Advocate was that the mean average principle be adopted with reference to the notification dated 24.1.2008.

45. In para 7 above, I have put in a tabular form, the minimum prices notified for agricultural land in De1hi from time to time. I highlight that the notifications with which I am concerned are dated 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7.12.2001, 16.5.2002; 25.5.2002 and 27.1.2003 i.e. the years are 2000, 2001, 2002 and 2003. From the table in para 7 above, we find that minimum prices have been notified _as of 1.4.2000, 1.4.2001 and 30.8~2005. Thus, there wpuld be no need to factor in the minimum price notified under the notification dated 24.1.2008 which is w.e.f. 8.12.2007 i.e. is 4 ye-a·rs away from the last year with which I am concerneC:;...... the year 2003. I highlight that reckoned w.e.f. the year 2000 i.e. the first year with which I am concerned, the notification would be 7 years away. The law of statistics which governs mean average as one of the recognized niodes to determine a value, in between 2 given values, requires the 2 end points to be the ones which would -be d-e-sest to th€----i*)int fe-F- -wfl-i-En the mean average has to be determined.

46. I am left to deal with the last submission, as noted in para 15 herein above, and for which I highlight that the learned Reference Court has, pertaining to the notification dated 27.1.2003 determined the fair market value in some References with respect to a sale deed dated 20.5.2002 where under 1 bigha and 13 biswa of land was sold in village Rajapur Kalan and LA.App.No.266/2008 & co~ected matters Page 48 of74 ~ ~- ' -------1 I I '! I I,..• ~ " ',:1 " -'· !_! c:.:.: ~ ~- '-------· Cr has determined that based thereon the price as of said date works out to ~17,74,109/ per acre and--increasing tl1e same for 8 months by l2% per annum, for the date 27.1..2003 the price would be ~19,16,037/- per acre rounded off to ~19,16,040/- per acre.· 47.. With reference ·to the Award No.10/DC(NW)/2004-05 it is apparent that land comprised in Khasra No.200 admeasuring 1 bigha and 13 biswa was a Category 'C' land. The sale deed in question pertains to the same land and indeed there is logic that if said sale deed had to be accepted, it would reflect fair market value of Category 'C' land.· As per the learned Land Acquisition Collector ~1.[7] lakhs per acre would be required to fill up the depressions for land in Category '8' and further sum of '{1.[7] reference to Category 'A' land, the price of Category 'C' land · would have to be reduced and vice-versa, vis-a-vis Category;C' land, the price for Category 'B' land and for Category 'A' land would be required to be increased suitably.

48. I no~ enter the final stage of my discussion.· In view of the evidence herein above noted and reflecting upon the reasoning adopted by the learned Land Acquisition Collector and th~ learned Reference Court, I pose the question: What should be the fair market value of the subject,lands as of 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7.12.2001,. 16.5.2002, 25.5.2002 and 27.1.2003 i.e. the dates on which the. notifications were issued under Section 4 of the Land Acquisition Act 1894.

49. I have, in para 37 above, noted a decision of a Di\(ision - - - · · ·... -·· · - - - · · l, Bench of this Court in LA.APP.No.866/2005 decided ·on.LA.App.No.266/2008 & connected matters Page 49 of74 S'. 11.5.2006, Mahender Sinqh vs. UOI & Ors. wherein pertaining to.. ·_ ~._I villaae Bawana. fair market value determined as of 15.11.1996 _!?_!~_!_~9,904~68 per big_h~ which equals to ~9.59,542.46 per acre. The said decision would be relevant on the issue of potentiality, an issue which I have promised to discuss. The decision notes [': I:,:' l.!!____ _ I -, - ':::,.:<" ': that the subject lands i.e. the lands with which the Division Bench was concerned, had acquired a potentiality inasmuch as, as discussed in paras 25 to 28 of the decision, rural areas in the Union Territory of Delhi was attracting migrants. Based on population growth, 5 villages in rural Delhi were identified -for providing major health fadtiti-es,- schools, markets and rural industry, one of which was viHage Bawana. It was noted that G.T.Karnal Road and Rohtak Road were providing good access to village Bawana and. that the Master Plan for Delhi notified in the. year 1990 had indicated the land use in the area to be changed •.. in. the future to industrial and commercial, but had also -----.o""b-rcserved that notwithstanding th1s; for the reason no zonal pfa_n was notffied as contemplated by Section llA of- the Delhi Development Act 1957, the lands continued to be used for agricultural purposes and there was no evidence that till the year 1996, any land use had been actually changed and put to the use contemplated by the Master Plan. As in the instant case, where all subject lands were continuously put to agricultural use, same was the case noted in the said decision. To put it pithily, the potential use of the lands giving birth to a potential land value with reference to the area being known to all as being required in the future for building purposes, was found not resulting in the potential being valued with-reference to the potentiality i.e. the lands being, in the near future capable of_ being built upon. To put it differently, the decision, though not so expressly stating, would be a propositicfrf"fhat there is a difference between the undeveloped land having building LA.App.No.266/2008 & connected matters Page 50 of74 i ~.I --- I I;---;--- - -, ~::.---- _r____ potentiality· in presenti vis-a-vis.a· land having a building -~ --~~~--~~----~- potentiality, in futuro. As already noted by me in para 36 above, as of the date 15.11.1996, fair market value determined was ~9,59,542.46 per acre and which I. highlight once again is the' same as would be determined with reference to the notification being c;:losest in point of time i.e. the notification dated 25.7.1_9_9I_where-under for agricultural lands in Delhi minimum price fixed by the Government as of 1.4.1997 was ~10 lakhs per. acre. Interestingly, the same Division Bench had pronounced another judgment reported as 2006 IV AD (Delhi) 13 Gajraj Sinqh vs. UOI & Anr. where pertaining to agricultural lands in village Holambi Kalan where 940 bigha and 6 biswa land was· acquired pursuant to the same notification dated 15.11.1996, fair market value determined for Category 'A' lands was ~9,76,121/- per acre and for Category 'B' lands was ~9,51,121/­ per acre i.e. near approximate to the fair market value of lands in village Bawana. It needs to be highlighted that while_ determining the fair market value as of 15.11.1996 in village Holambi Kalan, evidenced from the observations of the Court in para 19 and 20 of the decision, location and potentiality with;r- reference to development work carried out in the surrounding lands_ was considered. I would highlight that another. Division· Bench of this Court, in another adjoining village in the same 'V' i.e. betweer~ G.T.Karnal Road and Rohtak Road,. i.e. village Singhola d_etermined fair market value as of 19.3.1993 @ ~1,30,523/- per bigha i.e. ~6,26,510.40 per acre. The decision is...,-reporteclas-2004 (4) AD ·(Delhi) 20 Ram Chander vs. UOI and the -·same~oi-v~sion---B@-nch, as per the decisioA---.feJ3orteG---as--111 (2004) DLT 95 Hukum Sinah vs. VOl, pertaining to a notification dated ·- -· ·--···---. -----··-·· --- 14.1.1994 for village Singhola determined fair market value @ ~1,40,230/- per bigha i.e. ~6.73,104/- per acre. LA.App.No.266/2008 & connected.matters Page 51 of74 ':·: I': i '. i !I J --- --- H-5_0. -~ ---nle aforesalO.- JUdgments--~cL in Httle___ preceding -·----·-----. -- -··--·-· __,_____ ·-··..... '........ paragraphs as also the various notificati-ons issued from time to time by the Government of NCT Delhi notifying minimum price.. ) for agricultural lan~s in Delhi as tabulated by mt, in para 7 above bring out two very important facts relevant t~ determine the growth/rise in the prices of agricultural land in Delhi over the years commencing from the year 1990. --As of 27.4..1990 minimum price was t[4].65 lakhs per acre which rose to t10 lakhs per acre as of 1.4.1997 i.e. the increase is f[5].35 lakhs spread over 7 years which gives us a 115.054% increase in 7 years and r- the average price increase would be 16.436%. The price rise ''---... (~ '------over the next 1 year is by 11.2% and thereafter by 11% for thenext 2 years and 11.5% for the next year i.e. as of 1.4.2001..It shows that due to urbanization, between the year 1990 and 1997 prices grows fairly sharply and good corroborative evidence for this wou19 be the decision of the Division Bench of · this Court in Gajra/s case (supra), which I have discussed in para 49 above.

51. I need to elaborate a little- more with- respect to the decision in Gajra/s case. Discussing the evidence pertaining to fair market value of agricultural land in village Holambi Kalan as of 15.11.1996, in paras 9 to 17 the Court discussed the valuation on the basis of agricultural yield and found that the gross return per acre per annum was f95,000/- for multiple croppe_Q_ l~_nd and h~ving good __irrigation___facilities and thus capitaliz~d the land price at f[9]..[5] lakhs per ~ere. Discussing the second method of land.prices of comparable lands in the --- --------·---- ----- <:<llrro•mrlinn Ar~as-fficlud-tftg--p-o-t-enti-ality, 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 tJasecron ·saTe instances found that based on the said sale LA.App.No.266/2008 & connected matters Page 52 of74 c:" ! I ' r:: I ! -,-:·,,' 1 ! I I -,--, I,- ! ~\) instances and giving benefit of industrialization tlte la11d pi ice would come to ~10,03,364/- per acre (Refer para 31). The Court then considered th-e- prices- Aotified 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 f[9],51,121/- per acre for Category '8' lands. The decision highlights that the potentiality had been well-factored in when... the Government issued the minimum price notification w.e.f. 1.4.1997, evidenced by the fact that even with respect to sale transactions the Court found that as against the minimum price notified as of 1.4.1997 at flO lakhs per acre, sale instances were. highlighting that the price was ~10,03,364/- per acre.

52. The decision in Mahender Sinqh's case, pertaining to village Bawana~ referred to by me in para 49 above, highlights with reference to para 28 to 31 of the decision that the Master Plan for Delhi 1990 had been taken into account by the Court which 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 lands 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 which the Division Bench was concerned, virtually no development had taken place in village Bawana ·and Holambi Kalan· and nobody had exploited the potential. As I have already highlighted in para 49 a-bove there is a gap between what would be expected to be the market growth and what the market actually grows. The decisions in Gaira/s case and Mahender Singh's case.highlight that potentiality translated itself into a reality betw~en 1990 and 1997 when prices rose by about 16.5% per annum and thereafter the extended potentiality did not translate with the LA.App.No.266/2008 & connected matters Page 53 of74 ' ' ! ~ ~ ~ '" -~ i I ' ' - ~j _j !' ~ ' !::!,--- '-· ( ' \'- II requisite momentum and the acceleration fell to between 10o/o per annum to 11% per annum..One reason could ---be.. th_a_t pursuant to Master Plan for Delhi 1990 a fairly large..areacanie 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.

53. The empirical evidence in the instant.case, apart from the 2 sale deeds relied upon by the land owners, in respect whereof the learned Reference Court has given good reasons not to rely upon and for which I have given further reasons in paras 21 and 22 hereinabove for not relying upon, being fanciful sale ct~eds, tgdeter111ine fair market value, we have with us the· sale deed relied upon by the learned Land Acquisition Collector pursuant whereto in some references 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 f[5],39,690/- and f70,160/- was paid as stamp duty would mean that f[6],09,850/- (f[5],39,690/- + f70,160/-) were spent would yield the price f17,74,109/- per acre as of the date of the sale i.e. 20.5.2002.

54. · Thus, the best which could be said as the most favou-rable situation for the l9nd ·owners would be that with reference to the sale deed dated 20.5.2002 for Category 'C' lands the price i.e. fair market value of lands in the area would be f17, 74,109/- per acre. For Category 'B' and Category 'A' land the price would 'have to be suitably enhanced and here we find another area of dispute for the reason, as noted by me hereinabove in sub-para (a). of para 18 the learned Land Acquisition Collector in different awards has deducted LAApp.No.266/2008 & connected matters Page 54 of74 \o\ ~ -, ' ' ' ' I ~ i [,":1 ~ ~ ""::: i: I • Li ~. ( I sometimes fl.[2] lak~s per acre, sometimes fl.56 lakhs per acre and sometimes fl. 7 lakhs per acre from the price of Category ------,A, iands-t:o aetermine the price for Category 'B' lands and wherever lands were in Category 'C' as wel-1--t-f::le price has been deducted further by fl. 7 lakhs per acre.

55. Now, neither side has brought any evidence on record as to what wou·ld be the money required to be spent to level the -- l~ncJs ~ncJ I nntP that categor~te-n ts b-as-eef--e-nty on the basis of certain ·lands having pits and depressions of various depths -~---FPn••irinn th~ -same to be leveled.and this would require money -· ·---- - --~--.____:-----·· ·--·- ·-·-··--------···-· --···. -- (r to be spent. But on _what basis has the Land ·Acquisition '---- -····--···-----· Colle_ctor held, in some awards that fl.[2] lakhs per acre would be spent and in some· that fl. 56 lakhs per acre would be spent and in some that fl. 7 lakhs per acre would be spent? There is just no clue.

56. In Gajraj _Singh's ·case· {supra}, the price differential worked out was f25,000/- per acre. I have noted hereinabove tha_t the acquisition in Gajraj Singh's case pertained to the date 15.11.1996. In Gajraj Singh's case the price for Category 'A' land determined was f[9],76,121/- per acre and for Category 'B' land the price determined was f[9],51,121/- per acre and the price differential comes to about 2.5% with reference to the price of Category 'A' land.

57. I thus hold that Gajraj Singh's q3se should be my · guiding star for price differential in the instant cases as well and thus I hold that wherever Category 'A', Category 'B' and Category 'C' ~ave to be differentiated on price, the differential should be 2.5%.

58. Thus, if f17,74,109/-, rounded off to fl[7].75 ~akhs per acre would be the pri·ceror a·category 'C'Iand invma·ge Rajapur Kalan as of 20.5.2002 and highlighting that the sale deed Ex.R-2 LA.App.No.266/2008. & connected matters Page 55 of74 l ~'Y '--'-'--- - -,--- (~ \.....__ [': ''- I -,-f.o~ admittedly pertains to a Category 'C' land, the price for Category '8' land would be ~18.20 lakhs per__ acre and for Category 'A' land would be f18.655 lakhs per acre.

59. Taking the logical reasoning a little further it assumes importance that as per the minimum price notified by the Government as of 1.4.2000 the per acre price was f13.82 lakhs and as of 1.4.2001 the same was f15.[7] lakhs per acre i.e. the percentage increase between the year was 11.5% per annum. If I treat Category 'A' land price at f18.655 lakhs as of 20.5.2002 based on the sale deed Ex.R-2, deducting the price by 11% per annum, the price as of 1.4.2001 would come to approximately f16.40 lakhs per acre and this would highlight that when contrasted with the minimum price notified by the Government at f15.[7] lakhs per acre as of 1.4.2001, the price differential is f70,000/- per acre i.e. 4.46%. Since exactness can never be achieved while determining fair market value of a large chunk of land with reference to a few sale deeds where small parcels of land are sold for the reason even within a colony, 'the size, the location, the frontage etc. of a piece of land would vary the price by plus or minus 5%. What I wish to highlight is that even the sale deed in question yields to us a fair index as per which the minimum price notified by the Government has an element of rationality and acceptability. It needs to be highlighted that though under normal circumstances a sale on a particular date is normally not·held good-evidence l:o work oTJT-aland price on a date prior thereto but may be used as evidence to determine land price on subsequent dates, for the reason a price on a_ particular date is the result of various market forces/conditions having already impacted the land price and it would be difficult to fathom the existence of market forces/conditions walking backwards. But, in the instant case, with reference to the 5 LA.App.No.266/2008 & connected matters Page 56 of74 '-- L __ -,-, --- j I.,, i I -,notifications dated 7.8.2000, 11.9.2000, 2.5.2001, -~2.8~20-01 and 7.12.2001, the differential period is small inasmuch as the· sale deed in question is dated 25:5.2002 and thus in the peculiar facts of the instant case, the sale deed in question, which itself has been projected by the Union of India as a-n evidence of market value of land as on said date, would be_ a relevant piece -of evidence to be taken into account while -~etermining the market value of· land as on the dates 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001 and 7.12.2001.

60. The argument that village Narela had always been treated locationally advantageous for the reason the township of Narela was in existence.since-. long and this was recognized when, pursuant to a notification issued in the year 1963, vis-avis the adjoining villages ~2 per square yard price advantage was given to lands Jn village Narela in Dharambir's case, looses sight of the fact that the price differential due to locational advantage was keeping in view the realities in the year 1963. Over the period of time, as urbanization took place in Delhi and more and more areas came under plotted development which included areas in North-West of Dethi i.e. the area with which I am concerned today, the price differential faded and by the year - 2000 and onward, it has become non-existent. -61. I thus hold that pertaining to the notifications dated 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001 and 7.12.2001 the land prices would have to be determined on the basis of the minimum price notified by the Government as also with ~ - ' refe~~I'!S_~--~o the s~le deed dated 25.5~~002__fgr the reason I find no other cogent evidence wherefrom land price as on said dates ·could be determined. Pertaining to the notification_s___aated 16.5.2002, 23.5.2002 and 27.1.2003, the land price needs to ·be. • • 1 determined with respect to the sale deed dated· 25.5.2002 LA.App.No.266/2008 & connected matters Page 57 of74 \.l_"-- ~,~1 ~_._'______ -- -,-- ' ['; '' ( ' -- -1 -------·-··-·· ----·- -----------···-·'·· be-Cause--with refeieri£eto the--s--atd-s-ate -price-it-iS aonarent that ' ' ' land price as of said date comes to more than if determined with respect to the notification dated 9.8.2001 wherein minimum land price notified was f15. 7 lakhs per acre with effect from 1.4.2001.

62. With respect to the price differential for Category 'A' and Category '8' lands, noting that pertaining to the said notifications categorization has been done only pertaining to the land acquired in village Pooth _ Khurd and Holambi Kalan ' ' - {pertaining to- the notification dated 22.8.2001 only), Village 8awana, Khera Khurd, Narela and Alipur- {pertaining to the notification dated 22.8.2001) 1 hold that vis-a-vis the said notifications, after increasing the price for the date differential, fixing the same for Category 'A' lands, deduction has to be effected by decreasing the same by 2.5% to determine the price - for Category '8'_ land.-

63. Before I work out the compensation and since it would be evidenced that pertaining to- Category 'A' lands, the land 'prices would marginally increase in a few cases and substantially in the other, a s'triking note of discordant would emerge with respect to the land price determined pertaining to -the notification dated 23.5.2002 pertaining to village Holambi Kalan wherein the learned Reference Court has determined the fair market value at ~22,14,23,900/- per acre as of 23.5.~002, -c:-bttt- t-need to highlfght that--pertatning to -tne same notification dated 23.5.2002 in relation to village Alipur the learned Reference Court has det--e-rmtn-ed----the- -fair market value at ----'----- --- ----- ' ---f17,85,240/- per acre and I find that pertaining to village RajapurKalan and Sanoth, pertaining to the notification dated 27.1.2003 t~-~- ~air market value assesseq for Category 'A' lands is ~19,16,040/- in some cases and ~19,13,760/-- in a few, LA.App.No.266/2008 & connected matters Page 58 of74 ( \sl ~- I ----- - - - - - - ~ I \._--- /::-- \__ ~ --- ------------------------· meaning thereby that much lesser compensation has been.. worked out in the year 2003 vis-a-vis the compensation worked out for Holambi Kalan pertaining -t:o the notification dated 23.5.2002 and the reason for the abrasion is that in said notification the lan~ price determined in Gajra/s case (supr~) as of 15.11.1996 has been taken and increased at the rate of 12% per annum compounded. Village Pooth Khurd Notification dated 7.8.2000

64. With. reference to the notification dated 9.8.2001. wherein with effect from 1.4.2000 minimum price notified per · acre is ~13.82 lakhs and requiring said price to be suitably updated to reach the date of the notification i.e. 7.8.2000 and with reference to the sale deed dated 25.5.2002 wherein for Category-'Ci: lands, land price per acre comes to:~17, 74,109/-, rounded off to ~17,75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to ~18.[2] lakhs per acre and further increasing by 25o/o the prices comes to tl[8],65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 7.8.:2000; the mean average price for Category 'A' lands in village Pooth Khurd comes to fl[4].75 lakhs. ~ per acre and.decreasing the same by -:i.S%, it comes.to. fl[4],38,125/- per acre for Category 'B' lands. Noting that the learned Reference Court has, without any reasons, done away with Category 'B' lands and uniform price awarded is ~14,37,280/- per acre, the price differential worked out by me comes to a meager ~1,000/- per a·cre and thus qua Category 'B' lands-, maintain the amount awarded by the tearned Reference · Court.

65. All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India in the LA.App.No.266/2008 & connected matters Page 59 of74 ~ "" ··::,':,:_! !: ~:.: ],, I,; ·;: ' ':·.:.'. ~ ~ J appeals filed by land owners in respect whereof grid has beenprepared and labeled as~ 'GRID-A' hereinabove ar~ dismissed. ---------==-=---- -~---------,--------'--------· ·----·--·- - - -

66. All Land Acquisition Appeals filed by the land owners ~ -"" (~ ··and cross..:-objections filed by the land owners in appeals filed by.Union of India are allowed by decreei-ng compensation payable for Category 'A' lands in village Pooth Khurd pertaining to the.notification dated 1.4.2000 in sum of ~14. 75 lakhs per acre and for Category '8' lands the compensation awarded at ~14,37,280/- per acre is maintained and thus such appeals or cross references which pertain to Category '8' lands are dismissed. 61:.. Pertaining-~ to such appeal where the compensation · stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder lis. UOI 2001 (93) DLT 569 shall be granted, except for the period · where there is a delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to. proportionate cost. Village Holambi Kalan Notification dated 7.8.2000

68. For the reasoning given in paras 64 to 67 hereinabove pertaining to the nqtification (same)· dated 7.8.2000 ~elating to vill-age Holambi Kalan, all appeals as per 'GRID-B' hereinabove and · cross objections stand disposed of enhanCing the compensation to f14. 75 lakhs per acre and I highlight that as per the award and even as per the reference all subject lands were of uniform category. Needless to state appeals filed by the Union of India and cross objections wherever filed are dismissed. Appeals and cross objections filed by land owners are allowed by.· enhancing the compensation to f14.75 fakhs per acre together.with statutory benefits as per the Land Acquisition Act 1894 as LA.App.No.266/2008 & connected matters Page 60 of74 \c/X( ( I --i •··. I ' l ( \'- '. I •. I,I •. I ('--:>- \-._: !:•: ~Cb explained in the judgment reported as Sunder Vs. U0/2001 (93) DLT 569, except for the period where there is a delay in filing ~ a-p-peaJ or cross objection, for which period of delay ·no interest on the enhanced compensatio!_1 shall be paid.. These appellants or cross objectors would be entitled to· proportionate cost. Village Bawan·a Notification dated 7.8.2000

69. Pertaining to village_ Bawana___relating to the same notification dated 7.8.2000 where the learned Refer~nce Court has.not enhanced the compensation~ for parity of reasoning, fair market value for Categor-Y 'A'- lands is fixed at ~14. 751akhs per aCre a·n(ffor Category;8,- lands ai ~14;38,125/- per acre and noting that U!1ion of India has neither filed any appeal_ or cross objection, appeals as per 'GRID-C' hereinabove are allowed by · fixing the compensation as hereinbefore mentioned and needless to. state on the enhanced compensation the appellants shall be e-ntitled to ·statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT -569, except for the period where there is a delay in filing the appeal, for which period of delay no interest on the enhanced compensation shall be paid. These appellants /. would be entitled to proportionate cost. Village Khera Khura Notification dated 11.9.2000

70. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2000 minimum price notified per.acre is ~13.82 lakhs per acre and requiring said price to be suitably ·updated to reach the date of the notification i.e. 11.9.2000 and with reference.to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre com·es to fl[7],74,10.9I·,. r..ounded.off t.o..--f-1-7,75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes LA.App.No.266/2008 & connected ma,tters Page 61 of74 t ":, I; ':: "- '-- i to f18.[2] lakhs per acre and further increasing by 2.5% the prices comes to f18,65,590/- per acre for Categqr_y 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 11.9.2000; the mean average price for Category 'A' lands in village Khera Khurd comes to f14,83,500/- per acre and decreasing the same by 2.5o/o, it comes to f14,46,413/- per acre for Category 'B' lands.

71. All Land Acquisition Appeals as per 'GRID-D' filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Khera Khurd pertaining to the notification dated 11.9.2000 in sum of.f14,83,500/- per _acre for Category· 'A' lands and f14,46,413/-. per·acre for Category 'B' lands. I note that pertaining to this notification and the village, the Union of India has not filed any appeal. On the enhanced compensation· statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. U0/2001·(93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal, ' for which period of delay no interest on the enhanced compensation shall be paid. These appellants would be entitled to proportionate cost. Village Narela Notification dated 2.5.2001

72. With reference to the notification dated 9.8.2001 - ·-··------------·--· wherein with effect from 1.4.2001 minimum price· notified per acre is f15. 7 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 2.5.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per ~ere comes. to f17,74,109/-, rounded off to fl[7],75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes LA.App.No.266/2008 & connected matters Page 62 of74. ~\ --- -~ I. I.I 'II _,j I '71 I I, '·,, 'i,_ \-. cf to fl[8].[2] lakhs per acre and further increasing by 2.5% the prices.. comes to fl[8].65.500/ nrr MFFP fnr --r~tll3nnry ~A_L--ta-nds; and ·decreasing the said prices by 11o/o to reflect the price with reference to the sale deed for the date 2.5.2001; the mean average price for Category 'A' lands in village Narela comes to f16,16,500/- per acre and decreasing the same by 2.5%, it comes to f15,76,087- per acre for Category '8' lands. Noting that the learned Reference Court has, without any reasons, done away with Categor.y '8' lands and uniform price- awarde-d is.fl[5],85,570/- per acre and since for Category '8' lands the price worked out by me is less by f[9],000/- per acre which is a meager amount, I hold that for Category 'B' lands the price determined would be as per the reference but for Category 'A' lands the All Land Acquisition Appeals as per 'GRID-E' filed 9-Y the ' ' land. owners and cross-objections fired by the land owners in - - - - ' - - - ----~· ~-.. -~--- ~ ----appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Narela pertaining to the notification dated 2.5.2001 in sum of fl[6],16,500/- per acre and as per the reference order for Category '8' lands. Thus, appeals filed by the Union of India as · also cross objections filed by Union of India as also such appeals which relate to Category '8' lands filed by land owners are di?missed and the ones i.e. the appeals and cross objections filed by the land owners pertaining to Category 'A' lands are ! allowed as aforesaid and needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in·filing the appeal, for which period of delay no LA:App.No.266/2008 & cmmected matters Page 63 o:f74 -~I •..·• I

1. ~- ' -.-1:·:. ~--I --- ·-·-·· _....... ·~ ·-. -------.. ---:-::p~_!:t~attheiearned'~~~~_!lce Court ~~-affl re-asons~ done '-- ·---away with Category 'B' ~ands and--uni-form price awarded is ~16,43,811/- per acre, the price differential worked out by me comes to a meager ~9.000/- per acre and thus qua Category '8' lands I maintain the amount awarded by the learned Reference Court.

79. All Land Acquisition Appeals filed by the Unie-n-o-H-n-d+a ' in respect whereof grid has been prepared and labeJed as 'GRID~ H' hereinabove are dismissed. I note that land owners have not filed any appeal challenging the decision of the Reference Court.

80. There shall be no order as to costs..Village Holambi Khurd Notification dated 22.8.2001

81. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is ~15. 70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 22.8.2001 and with reference to the sale deed _dated 25.5.2002 wherein for Category 'C' lands, land prite per acre comes to ~17,74,109/-, rounded off to ~17,75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes.· to ~18.[2] lakhs per acre and further increasing by 2.5% the prices comes to ~18,65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 22.8.2001; the mean ~ice.--fo!:--Cate-gory 'A' --lands in village Holambi Khu-r-d. comes to ~16,74,500/- per acre and_ decreasing the same by 2.5o/o, it comes to ~16,32,637.50___per_acre_.f_or Category 'B' lands. ------rM\J""ottot-i""'ng...--Ufat-rne- learned Reference Court has, without any reasons__,___ d_one away with Category 'B' lands and uniform price avvarded- is ~16,4J,811/- per acre, the price differential worked o-ut by me comes to a meager ~9.000/- per acre and thus qua LA.App.No.266/2008 & connected matters Page 66 of74 ~ ____:_:,-,: i... I ',j !: I ' ' • i r:: -''1 I ' ' i I ~J I ':i,, ~ I -; '"'--- ~ I 'rV.~ Category 'B'. lands I maintain. the amount a'Narded by·the learned Reference Court.

82. The appeal filed by the Union of India in respect whereof grid has ·· been prepared and labeled as 'GRID-I' hereinabove is dismissed. I note that land owners have not filed · any appeal challenging the decision of the Reference Court. -·····-·--····. ·- ·-----------·---·-··:-

83. There shall be no order as to costs.. Village Rajapur Kalan Notification dated 22.8.2001

84. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is f15. 70 Jakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 22.8.2001 and with ·reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre tomes to f17,74,109/-, rounded off to· f17,75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to ~18.[2] lakhs per acre and further increasing by 2.5% the prices comes to f18,65,500/- per acre for Category 'A' lands; and decieasing the said prices by 11% to reflect the price. with reference to the sale deed for the date 22.8.2001; the mean average price for Category 'A' lands in village Rajapur Kalan comes to f16, 74,~00/- per acre and decreasing the same by 2.5o/o, it comes to f16,32,637.50 per acre for Category 'B' lands. Noting that the !earned Reference Court has, without any reasons, done away with Category ·a· lands and uniform price.. 9.WQrd~Q_J.$__J16~43,811/- per acre, the price differential worked.....ou.t.by me comes to a meager f[9],000J~ __pe.r..a_cre.._an.d thus qua Category 'B' lands I maintain the amount awarded by the learned Reference Court.

85. All Land Acquisition Appeals filed by the Union af India and cross objections wherever filed by Union of india in the LA.App.No.266/2008 & connected matters Page 67 of74 - ' r::: ~J !·:·: ~ I ~ / -~- --!~.' I --, (' ( "'-- ' - ~-: !: ! • --, --------------- --- ·~aJs~-fHeifb-Y=tand ·owners·irrre-spe-ct--\vhereof grid has been prepared and labeled as 'GRID-J' hereinabove are dismissed..

86. All Land Acquisition Appeals filed by the land owners· and cross-objections filed by the land owners in appeals filed by Union of India are allowed by_ decreeing compensation payable for Category 'A' lands in village Rajapur Kalan pertaining to th~ notification dated 22.8.2001 in sum of f16, 74,500/- per acre and for Category 'B' lands the compensation awarded _- at~ ~16,43,811/- per acre is maintained and thus such appeals or cross references which pertain to Category '8' lands are I dismissed.

87. Pertaining to such appeal where the compensation · stands enhanced statutory ben~fits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be. entitled to proportionate cost. Village Sanoth Notification dated 7.12.2001

88. With reference to the notification dated 9.8~2001 wherein with effect from 1.4.2001 minimum price notified per a~re is ~15.70 lakhs per acre and requiring sai<;i _price to be suitably updated to reach the date of the notification i.e. 1:12jooi and wiih reference to the" sale deed dated 25.5.2002 wherein for Category;C' lands, land price per acre comes to f17.74,109/-.. aiiJil.ded O_ff to fl[7].75~QO/- per acre; and for Category 'B' lands increasing the same by 2.5%> the price comes to f18.[2] lakhs per acre and further increasing by 2.5% the prices comes-to ~18,65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with LA.App.No.266/2008 & connected matters Page 68 of74 '7\J •, i': ' ':: i::•1 I.;• ' r ( ''---..... ~......... reference to the sale deed for the date 7.12.2001; the mean average p~ic_~ for C~tego_ry 'A' lands in village Sanoth comes to ~17,29,500/- per acre. Noting that all lan.ds in village Sanoth as per the award and as per the Reference Court are of same value I hold that for acquired lands in village Sanoth for the notification dated 7.12.2001 the ·land owners would be entitled to the enhanced compensation in sum of t17,29,500/-. · 89. All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India iri\ the appeals filed by land owners in respect whereof grid has been prepared and labeled as 'GRID-K' hereinabove are dismissed.

90. · All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by ·-·-----·------·------.... Union of India are allowed by granting compensation in sum of ~17,29,500/- and needless to state on the enhanced compensation statutory benefits. as per the Land Acquisition Act. 1894 as explained in the judgment reported as Sunder Vs. UOl 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross objection, for which _period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost. Village Shahpur Garhi Notification dated 16.5.2002

91. Pertaining to village Shahpur Garhi, as held by me hereinabove the land price would have to be determined with reference to the sale deed dated 20.5.2002 and for which land price for Category ··,A, lands has been determined by me· at ~18,65,500/- per acre and since there is just a difference of 4 days between the date of sale and the notification I maintain that fo'r the notification in question dated 16.5.2002 the land owners are entitled to compensation at the rate of ~18,65,500i- LA.App.No.266/2008 & connected matters Page 69 of74 2011:DHC:18689:.I I: '; '', _JI !':, 1J I p -, I '' i'','' '·' "-- "'--- (/,,_ ~ per acre and I hightight that as per the award analffe fete-renee all lands are in the same category. Appeals and crq!)_S objections filed by the land owners as per the· 'GRID-L' are allowed and needless to state on. the enhanced compensatron the· land· owners would be entitled ·to all statutory benefits as per the Land Acquisition Act 1894 as interpreted in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 except that in.such appeals. or cross objections filed by tand owners where there is delay, no interest would be paid for the period of delay. Proportionate cost~ stand awarded.. Appeals and cross objections filed by Union of India are dismissed. Village Shahpur Garhi Notification dated 23.5.2002

92. Pertaining to the notification dated 23.5.200.[2] pertaining to village Shahpur Garhi, noting that the date of the sale deed and the notification has a differential of only 3 days I hold that pertaining to.this notification, since land is of same category, the land owners would be entitled to compensation at the rate of f18,65,500/- with statutory benefits as per the Land Acquisition Act 1894 as interpreted in the decision reported· as Sunder Vs. UOI 2001 (93) DLT 569 except in such appeals or cross objections filed by land owners where there is a delay, no interest would be paid for the period of delay. Proportionate costs stand awarded. All such appeals and cross objections by land owners as· per 'GRID-M' stand allowed as aforesaid and all_ appeals and cross objections filed by Union of India. are dismissed. Village Holambi Kalan Notification dated 23.5.2002

93. As noted by me pertaining to the notification dated 23.5.2002 relating to village Holambi Kalan all lands have been treated in the same category by the learned Land Acquisition LA.App.No.266/2008 & connected matters. j. • I •/ ',i !: "' n i i -~. \,___ _ + Collector and the learned Reference Court. The learned Reference Court has awarc:ied_ co_mp_ensation in.S!!m of f22,14,239/- per acre which I have found to be. excessive ·inasmuch as for the date 23.5.2002[1] have held that fair market value would be fl[8],65,500/- per acre and thus all appeal? and cross objections file~ by the land owners as per 'GRID-N' are dismissed and appeals and cross objections filed by Union of India are allowed by modifying the impugned decree passed by the learned Reference Court and reducing the compensation payable to fl[8],65,500/- per acre on which, needless to state, with reference to the enhanced price with reference. to the award the statutory benefits already granted stand maintained. No costs.

94. Village Ali Pur Notification dated 23.5.2002 Pertaining to the notification dated 23.5.2002 relating to village Ali.Pur,· for parity of reasons qua the said notification relating to village Holambi Kalan and Shahpur Garhi I determine fair market value payable at fl[8],65,500/- per acre and thus all appeals and. cross.objections filed by Union of India as per 'GRID-0' are dismissed and all appeals and cross objections filed by land owners as per said Grid are allowed by enhancing the compensation payable to fl[8],65,500/- per acre on which· statutory benefits as per Land Acquisition Act as interpreted in the judgment reported as Sunder Vs. UOI 2001 (93} DLT 569. ~ ------·--------··--·-·-· shall be· paid save and. except in such appeals or cross objections where there is a delay, interest would not be paid fot. the period of delay. Proportionate costs as well. Village Sanoth Notification dated 27.1.2003

95. Pertaining to the appeals and cross objections by the ---land owners and Union of India as per 'GRID-P' pertaining to the notification dated 27.1.2003 relating to village Sahoth, I note LA.App.No.266/2008 & connected matters ·Page 7_1 of74 -- -.-~. i ' ', J I..• i.., '! I I •• i 'l I i I I -~ex that the.learned Land Acquisition Collector has pJaced the lands in 3 categories and I find that th~ learned Reference Court has with~ut any discussion held the lands· as of uniform category. while awarding compeflSation.

96. On the mean average basis which I have been following by increasing the price as of 1.4.2001 with reference to the notification issued by the Government as also by increasing the· ··- ---- same with ·reference to the sate deed dated 20.5.2002 and taking the mean average, for Category 'A' lands the price comes to ~19,43,~_Q_()l:__p_~~--acr~~--f)Q__for Ca~egory _'Jt..J~nd the price..S9_r:Tl~-~ to ~18,94,912.50 per acre and for Category 'C' lands the pri~e comes to ~18,47,539.68 per acre. I find that the learned Reference Court has uniformly determined fair market value at ~19,13, 765/- and. thus such appeals or cross objections which have been filed by land owners the same have to be di.smissed in so far they pertain to Category '8' and Category 'C' lands and similar would be the fate of appeals and cross objections filed by ~nion of India pertaining to Category 'A' lands. The said-appeals and cross objections as per 'GRID-P' are dismissed. Appeals and cross objections filed by land owners pertaining to Category 'A' lands are allowed by decreeing compensation payable in sum of ~19,43,500/- per acre and needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as interpreted in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 sn-a·n be paia···save ·and except in such appeals and cross objections where there is a delay, interest would not be paid for the period of delay. Proportionate costs as well. The appeals and cross objections filed by Union of India pertaining to Category '8' and Category 'C' Janos are allowed by mnrlifvinn the---relatable- decree in ·the Reference Order by reducing the compensation for Category '8' land to LA.App.No.266/2008 & connected matters Page 72 of74 ~- ' ',;71 ! " (;-:I;:~-----· i'.'i: ·i I '' '.i J ""· ~ -f18,94,912.50 per acre and for Category 'C' land to - - · f18,47,539.68 per acre. Village Rajapur Kalan Notification dated 27.1.2003 97.. For parity of reasoning as per para 96 above pertaining to village Sanoth, similar corrective action is to be required pertaining to lands acquired pursuant to notification dated 27.1.2003 relating to village Rajapur Kalan and where 1find that the learned Reference.Court has in some cases awarded compensation in sum of f19,13, 765/- per acre a·nd in some cases at f19,16,040/- per acre by treating all lands of uniform category. On the mean average basis which r have been following by increasing the price as of 1.4.2001 with reference to the n_otification issued _by the. Government as also by increasing the same with reference to the sale deed dated 20.5.2002 and taking the mean average, for Category;A' landsi ·· -the price comes-to-fl[9],43-~500/--per acre and--for Category 'B' land the price comes to fl[8],94,912.50 per acre and for Category 'C' lands the price comes to f18,[4] 7,539.68 per.acre. Thus such appeals or cross objections· which have been filed by land • owners the same have to be dismissed in so far they pertain to Category 'B' and Category 'C' lands and similar would be the fate of appeals and cross objections filed by Union of.India pertaining to Category 'A' lands.. The said appeals and cross· objections as per 'GRID-Q' are dismissed. Appeals and cross objections filed by land owners pertaining to Category 'A' lands are allowed by ·decreeing compensation payable in sum of f19,43,500/-- per acre and·needtess-·trr-state on tl•e··enhanced compensation statutory benefits a? per the Land Acquisition Act 1894 as interpreted in the judgment reported as Sunder Vs. UOI 2001- (93) -at:=F-569-s-h-aH ·be paid save and except in··. such appeals and cross objections where there is a delay, interest. LA.App.No.266/2008 & connected matters Page 73 of74 i ~ ~ wo_uld not be paid for t_he period of delay. Proportionate costs-as - - - well. The appeals and cross objections filed by Union of India pertaining to Category 'B' and Category 'C' lands are allowed by modifying the relatable decree in the Reference- Order- by ·- i - - reducino the compensation -for----categ-ory- 'B' land to ~-; f18,94,912.50 per acre and for Category 'C' - lan.d to fl[8],47,539.68 per ac;:re.

AUGUST 23, 2011 mm/dk ~41 _{PRADEEP NANDRAJOG) JUDGE