Than Singh v. S UOI & Ors.

1 Whether the Reporters of local papers may be altDwed to see the judgment?

2 To be referred to Reporter or not 7

3 Whether the judgment should be reported in tJie Digest[7] acquired and thus, it is not uncommon, for persons to purchase smail parc&S of Inds in areas where acqUisitions are Iikey to take place, these transactiqflS are speculative and cannot be taken to be a representative measure of the fair market value of land as on the date of the sale Further, the principles of ratio and proportTOn as also the principles of averages and th e principles &f sampling tell me that to be representative of the whole, a sample must bear at intelligible proportion to the whole Thus not for the reasoning advanced by he learned Reference Court, but for the twin reasoning hitherto-fore noted, I hold that Ex P-i cannot be good evidence wherefrom market • value of the land could be determined There is an additional reason not to rely upon the said sale deed The sale deeds Ex R- • 1 to Ex R-4, dated 6 1 i995 30 5 1997, 4 6 1997 and 8 9 1997 are also pertaining to Village Mundka and' reflect a sale price much lower than the sale price recorded in Ex P-i In fact, te sale price in the said 4 sale deeds averagS much less than even th minimum price for agricultural land in Delhi notified by. the Government Thus, the fair market value of the lands would be required to be fixed either W. reference to the decision of this' Court in fat inh'scase (suç or Pratao Sincih[5] CFS sup

24 I highlight that both decisions, penned by the Division Bench of this Cout have be1en upheld by the Supreme Court

25 The decision in Jal 5ingcaSe (supra) determined fair market value of land s in Village Bakkarwala, in sum of 1,32,000/- per bigha as of 15 10 1993, and the perusal thereof LA APP 784/2005 &connected S NO Date Village Price per Big ha 1 24 07 1995 & Tikri Kalan 2,15,160/- for Block 16 11 1995 A & l,73,500/- for Block B land 2 11 06 1996 'Tikri Kaln & 2,35,815/ for block Ghevça A & !1,90,156/- for 3 17 12 2002 Tikri Kalan Z[4],02,850/- for Block A & !3 1 24,850/- for,.;. 23,93,227 20 per acre, as on 17 062005 For the land situated in Village Bakkarwala the fair market value is fixed at 4,25764l/- p e r. bigha i e 20,43,076 80 per acre, as on 24 09 2003 Ov Appellants and cross-objectors who have succeeded would also be entitled to solatium and Interest as per statute and as clarified in the decision reported as 93(2001) DLT 569 Sunder vs 1)0/, for th v 'compensation, paid originally and as enhanced by the Reference Court and finally on the sum enhanced 0 by the present judgment and decree The appellants and cross-objectors who succeed would also be entitled to proportioilate costs All pending applications stand disposed of in terms of lhe prayers made therein (•(...H

(PRADEEP NAN DRAJOG)

JUDGE JULY 08, 2011 mm I LA APP 784/2005 & connected