Nafe Singh & Ors. v. Union of India & Anr.

22 With respect to the sale deed Ex P-i, whereunder 1 bigha and 3 biswa of agricultural land was sold in Village Mundka as of 5 8 1996, it would assume importance that the sale is about 7 months prior to the date of the notification issued l. under Section 4 of the Land Acquisition Act, which was issued on 25 2 1997 It is a matter of common knowledge that preceding the publication of a notification under Section 4 of the Land Acquisition Act, survey's are carried out with the object of determining as to what lands, comprised in which khasra numbers and frelds are required to be notified for the proposed acquisition and when this happens people in the area come to S know that very soon there is every, likelihood-I that the lands would be acquired In Delhi, the large scale acquisition policy enjoins upon the Government to allot, at pre determined rates, a plot of developed residential jand to the ones whose lands are Page 13 of LA APP 784/2005 & connected 19 would show that the Court assessed the fair,market value with reference to sale deeds executed between the years 1990 till the year 1996 either. in Village Tikri Kalan or Village Mundka, apparently on the premise that being contiguous villagers, sale price of agnqJltural land in the 2 adjoining villages would be indicative of fair market value of land in Village Bakkarwala

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 lands in Village. Tik•ri Kãlan ad Ghevra as under:-. -

32 I am left with the notification dated 2,4,.9.200.11 lrnti ce to the fair, pertaig to Village Bakkarwala and with referen market value assessed in Chirani, Lal's case, I would require to appreciate the price by 10% per annum for a period of 201 days, the figure comes to 4,25,641I- per bigha i e 20,43,076 80 per acre, which I determine to be the fair market value of land in Village Bakkarwala as of 24 9 2003 33 Accordingly, the appeals filed by the Union of India require to be dismissed and I hereby dismiss the same The appeals filed by the land owners and the cross-objections filed by the land owners stands decreed as under - For the land falling in Category A land in ViIIage Mundka the fair market value i fixed at rs 2,49,408 75 per bigha i e 11,97,1621- per acre and for Category B lands, the fair market value is fixed at 2,01,117/- per bigha i e 9,65,361 60 per acre, as on 25 02 71. For the land situated in Village Mundka the fair market value is fixed at 4,03,425/7 per bigha L e 19,36,440I- per acre, as on 21 03 2003 For the land situated in Village Mundka the fair market value is fixed at 4,98,589/- per bigha i e 23,93,227 20 per acre, as on 17 06 2005 iv) For the land situated in Village Bakkarwala the fair market value is fixed at 4,98,589/- per bigha i e LA APP 784/2005 & connected 23,93,227 20 per acre, as on 17 06 2005 For the land situated in Village Bakkarwala the fair market value is fixed at 4,25,641/- per bigha' i e 20,43,076 80 per acre, as on 24 09 2003 Appellants and cross-obje(;tors who have su cceeded 'outd also be énti.tledto solatiurn and intérest:as.per statute and as clarified in the decision reported as 93(2001) DLT 569 Sunder vs VOl, for the paid origina cort4pensation, lly and as enhanced by the Reference Court and finally on the sum enhanced by the present judgment and decree The appellants and crossobjectors who succeed would also be entitled to proportionate costs All pending applications stand disposed of in terms of the prayers made therein

(PRADEEP NANDRAJOG)

JUDGE JULY 08 1 2011 mm LA APP 784/2005 & connected