Union of India v. Suresh Kumar & Ors.

26 In Pratap Singh's case (supra), the Division Bench was concerned with agricultural lands in Tikri Kalan and another adjoining Village named Ghevra and pertaining to various notifications issued under Section 4 of the Land Acquisition Act determined the fair market value of agricultural Iands in Village Tikri Kalan and Ghevra as under - Acquisition Appeal No 489/2009, Chua njt La the fair market value of the Anr on 2 6 2011 I have determined lands rn Village Ghevra at 4,03,425/- per bigha as of 6 2 2003 On the issue of comparabilitY of land in village BakkarWala with village Mundka, Ghevra and Tikri Kalan, it is no doubt true that whereas village BakkarWala does not abut NH-lU, as do the other villages[1] but it has to be highlighted that it is more proximate to the urban areas of Delhi vis-a-vis Ghevra and Tikrt Kalan and to that extent, qua said 2 viflages, has n advantage in Since exactness can never be ahieved the matters of assessing fair compensation[1] it is the broad probabilities and similarities which matter Thus, I hold all 4 villages to be • equivalent, uless qua somélad special features can be show.

28 Since the decision in Q_L!2QLL case (supra) deals with notifications more proximate in point of time to the notification s with which I am concerned, I am of the opinion that it would be just, fair and proper to jetermine.the fair market value of lands with which I am concerned in relation to the fair market value of lands determined in fatap iLz case (supra) As per the decision inPrataP 5incih'. case (supra) for the date 24.7.1995, for Category A lands fair compensation assessed was 2,15,160/- per bigha and 1,73,500/- per bigha for Category B land. Th first notifiatiQn with which I am concerned is 25 2 1997 whereunder lands in Village Mundka were acquired The time span sweeps 1 year and 216 AgZLi81 dayS In Pratap5ipgL[7] case (supra) the nnLJa/ increase was determined to be 10% pei annum (flat) Thus, pertaining to Category A LA:PP.784/20 & connected • • •:. Page 16 o[1] • • •• H..•..... ($Y 23,93,227 20 per acre, as on 17 06 2003 For the land situated in Village Bakkarwala the fair market value is fixed at 4,25,64l/- per bigha i e 20,43,076 80 per acre, as on 24 09 2003 Appellants and cross-objectors who have succeeded would also be entitled to solatium and interest as per statute and as clarified in the decision çeported as 93(2001) DLT 569 Sunder vs UQI, for the compensation, paid originally and as enhanced by the Reference Court and finally, on the sum enhanced by the present judgment and decree 1..H'•...:. H.. The appellants and cross-objectors who succeed would also be entitled to proportionate costs All pending applications stand disposed of in terms of the prayers made therein c, •. (PRADEBPNANDRAjOG). JUDGE' JULY 08, 2011 mm •...... •. •. •....• •. •. •....•.•• •.•..•..•... •.... •..• •....... • •. • •. • • •..