Full Text
LA.APP.829/2010
UNION, OF INDIA Appellant
Through: Mr.Sanjay Poddar and Ms.Deepika, Advocates
Through: None
08.07.2011 CM No.16218/2010 There is a delay in filing the appeal.
The delay is condoned.
Application is allowed.
LA.APP.No.829/2010 For orders, see LA.APP.No. 784/2005.
PRADEEP NANDRAJOG, J.
JULY 08, 2011 mm 2011:DHC:13431
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HIGH COURT OF DELHI
(JI, E
Date ofDec'iibfl 8thju/y, 2PL i - iA APP74l2QO
JAMNA
Appellant
Through Mr L B Ral, Advocate, Mr I S Dahiya, Advocate, Mr D. S. Lakra, Advocate, Mr K Sunil, Advrscate, ' Mr Anuj Bhandarl, Advocate
Mr Shadam Farashat, Advocate
Through ...' . . . . : Co unsej (:LA), :GNCTPeIh 1 th
Ms Deepika, Mr Sachin Nawafli and Mr. Siddharth PançtAdVOcateS . .
Mr Ajay Verma, Ms Kanika Agnihotri, Mr KunaF Sharma, Mr Sumer Sethi, Mr B B Sharma, Ms Shobhna Takiar and Mr Arun
Birbal, Advocates for DDA 41, AND
121/2006, 143/2007 (Relating to Notification u/s 4 dated
25 02 1997 & Award No 2/1999-2000, Village Mundka)
M.
LAAPP 583/20091 LAAPP 603/2009, LAAPP 604/2009, LA APP 606/2009, LA APP 610/20091 74/20101 LA APP 78/2010, LA APP 784/2005 & connected
H
. .. . . .... - :4 fr I
125/2010, LA APP 164/2010, LA APP 18512010, LA APP
16/2010, LA APP 200/2010, LAAPP 23812010, LAAPP
239/2010 LAAPP 243/2010, LAAPP 244/2010, LAAPP
245/2010, LA APP 247/2010, LA APP 251/2010, LAAPP
252/2010, LAAPP 266/2010, LAAP 267/2010, LAA'P 9;
273/2010, LAAPP 274/2010, LAAPP 275/20.1.0,z LAAPP
312/2010, LA APP 324/2010, L.A.APP 326/2010, LA APP
327/2010 LA APP 329/2010, LAAPP 330/2010, LAAPP
331/2010, LA APP 332/2010, LAI. APP 333/2010 with CM APPL
No 5524/2011, LAAPP 335/2010, LAAPP 367/2010, LAAPP
68/2010,.LA.APP. 369/2010 LA.APP;371120L0 & CM .APL.
ORDER
4 No20099/2010, LAAPP 374/2010, LAAPP 375/2010, LAAPP 377/2010, LAAPP 379/2010, LAAPP 423/2010, LAAPP 452/2010, LAAPP 461/2010, LAAPP 47212010, LAAPP Al 694/2010, LA APP 696/2010 & CM APPL No 6340/2011, LA APP 697/2010, LAAPP 698/2010 & CM APPL 1734/2011, LAAPP 70.6/2010 &:CM APPL 17215/2010, LA.APP. 707/2010, LA.APP:. 708/2010 LA APP 709/2010, LA APP 710/2010 with CM APPL No 2568/2011, LA APP 713/2010 with M APPL No 7473/2010, LA APP 715/2010, LA APP 717/2010, LAAPP 719/2010, LA APP 766/2010, LAAPP 796/2010, LAAPP 797/2010, LAAPP LAAPP 798/2010, LAAPP 0 LAAPP 81812010, 819/2010, AAPP 829/2010 LA APP 831/2010 & CM APPL 955/2011, LAAPP 832/2010, LAAPP 833/2010 & CM APPL 6392/2011, LA APP 834/2010, LA APP 842/2010, LAAPP 871/2010, LAAPP 874/2010 1 LAAPP 875/2010, LAAPP 876/2010, LAAPP 877/2010, LAAPP 878/2010, LAAPP 879/2010, LA APP 880/2010, LA APP 881/2010 & ±M APPL6505/2011, LAAPP 882/2010, LAAPP 883/2010, LAAPP 884/2010, LAAPP 886/2010, LAAPP 888/2010, LAAPP 889/2010 & CM APPL2249/2011, LLA.ARP. 890/2010, LAAFP 893/2010 & CM APPL 6750/2011, LA APP 894/2010 & CM No23353/2010, LAAPP 895/2010, LAAPP 8 9 6,/2 0 1 O il LAAPP 897/2010 & CM APPL728/2011, LAAPP 903/2010, LAAPP * LAAPP784/2005&connected Page2of19 (R&ating to Notification u/s 4 dated 1.1.7.06.2005 & Award ( No 13/2006-07, Viilage-Mundka), AND + LA APP 4012009 & Cross Objection, LA APP 426/2009, LAAPP 428/2009, 442/2009[1] LAAPP 611/2009, LAAPP 616/2009, LAAPF 278/2010 (Relating to Notification u/s 4 dated 24 09.[2] 003 & Award No 3/2004-05, Village-Bakkarwala) AND + LAAPP 1029/2010 & CM No948/2011, LAAPP 1030/2010, LAAPP 1031/2010, LAAPP 1033/2010 & CM No6645/2011, LAAPP 1062/2010, 1063/2010 CM No6943/2011, LAAPP 1064/2010, LAAPP, 1060010, LAAPP 1067/2010, LA APP 11/2011, LA APP 122/2011 (Relating to Notification u/s 4 dated 17.06,2005 & Award No 1/2006-07, Village-Bakkarwala) CORAM HON'BLE MR JUSTICE PRADEEP NANDRAJOG
1 Whether the Reporters of local papers iay be allowed to see the judgment?
2 To be referred to Reporter or not[7]
3 Whether the judgment should be reported in the Digest? PRADEEP NANDRAJOG, I (Oral) 1.........I am decidngthe ab ve ca pti oned,ap;eaL and.: relatable civil miscellaneous applications which are by way of cross objections, all of which have been listed hereinabove LA APP 784/2005 & connected I 4 4.... • 4' p' l,7z 2 The present decision concerns issue of fixation of far market value of land in the revenue estate of Village BakkarwaPa and village Mundka
3 The dates on which fair market value of the land has to be determined may be graphically noted as under -
Section 4 of the LA Act 1 Bakkarwala 24 9 2003
2. Bakkarwa(a:.17.6..2005
5 Mundka 17 6 2005 It may be highlighted that the notification at seria No 2 hereinabove, pertaining to village 8kk8rwala, is the same pursuant whereto lands were acquired in the revenue estate 9f Village Mundka, as per serial No 5 above 5 Abutting NH-b, leading from the city of Delhi to the township of Rohtak in the State of Haryana, are villages lVlundka, Ghevra and Tikri Kalan Village Bakkarwala lios towards the other side of the Southern boundary of village Mundka The differnce between the topology of the two villages is, wheras the land of village Mundka abuts NH-lU, that of village Bakkarwaja does not so abut, being on the other side of the Southern boundary of revenue estate of village Mundka
6 As we proceed from the city of Delhi to the township of Rohtak 'illage Mundka is crossed first, followed by village Ghevra and then village Tikri Kalan 7 Agricultural lands in village Mdndka were acquired LAAPP784/2005&COnneCted Pagesofl[9] 8 • - -1; pursuant to a notification dated 25 2 1997 issued uhder Section 4 of the Land Acquisition Act as per award No 2/1999/2000 Agricultural lands in the revenue estate of village Mundka were further acquired pursuant to a notif cation dated 21 3 2003 issued unde Section 4 of the Land Acquisition Act as per awad No 3/2005-06 as also award No l/20O5-O[6] Further lands in tEe revenue estate of the same village were acquired pursuant to a notification dated 17 6 2005 issued under Section 4 of the Land Acquisition Act as per Award No 13/2006-07 8 Agricultural lands in the revenue estate of viIIae Bakkarwala were acquired pursuantto a notification datd 24 9 2003 issued under Section 4 of the Land Acquisition Act per Award No 3/2004-05 Further lands in the revenue estate of the same village were acquired pursuant to a notification dated 17 6 2005 (the same notification under which lands in vilIae Mundka were acquired) as per award No 1/2006-07
9 In a nut shell, the Land Acquisition Collector determined the fair market value of the acquired lands, under all. the awards, with reference to the minimum price for agricultural land as notified by the Government of, NT Delhi
10 For clarity I may note that pertaining to the notification dated 25 2 1997 under which agricultural lands in the revenueestate of village Mundka were acquired, the learned Land Acquisition Collector determined the fair market value wi1th reference to the minimum price for agricultural land notifid with effect from 1 4 1997 @ 10 lacs per acre and since the date of. Section 4 notification was anterior in point of time, discounted LA APP 784/2005 & connect - -:- - - I •.• -• Government of NCT Delhi had fixed the minimum value for agricultural lands in Delhi J.e. 1.4.1097, but as against the Land Acquisition Collector depressing the price @ 11 5% for full one year, adopting the percentage 115, decreaEed the value,by only 34 days inasmuch as the date with reference whereto Government had notified the minimum value was 1 4 1997 and the notification under Section 4 of, the Land Acquisition Act vas dated 25.2.1997.This was the value fixed for category A lands and for category B lands, with reference to the values for category A land depressed the same by 90,000/- per acre
13 Thus, for category A lands the Reference Court determined the fair market value © 9,89,288/- per acre and for S category B land the same was determined © 8,99,288/- per acre I 1,4..Pertaining to the notifications dated 21 3 2003 and 24.9.2003.whereunder agricultural lands in village Mundka and village Bakkarwala respectively were acquired, the Reference Court took note of the fact that after he Government had notified the minimum rates for agricultural lands in Delhi asof 1 4 2001 the next revision was as of 30 2005 Using the said dates a n d the"mini'mumt price notified by the Government of NCT Delhi, the Reference Court adopted the principle of men average What the Reference Court did was to adopt the value as of 1 4 2001 and increasing the sameby 10% per, annum determined the enhanced price as of 21 3 2003 s also 24 9 2003 Thereafter the Reference Court took the value notified as of 30 8 2005 and depressing ithe same by 10% per LAAPP784/2005&connected Page8ofl[9].. annum determined the sum arrived at as of 21 3 2003 as also 24 9 2003 The two sums arrived at were added and divided by two to arrive at the mean figure s of 21 2003, which I note comes to Z15,92,083 33 per acre (In some dectsions I note the sum arrived at is 15,92,215/-) For thedate 249 2003 the price determined was Z20,41,000/-fper acre
15 Pertaining to the notificatior dated 17 6 2005 pursunt whe.reto agricultural lands were acquired in village Bakkarwala and Mundka the learned Refeence Court adopted the minimum price for agricultural lands notified by the Government of NCT Delhi with effect from 11 4 2001 and giving increase @10% per annum determined t h e value a nd wiçh respect to the lands in village Mundka, on account of locational advantage, being abutting NH-lU dave 5% more and determined the fair,market value as of 17 6 2005 in sum of 21,37,017 75 per acre and for village Bakkarwala the price determined was 20,35,255/- per acre
16 In the aforesaid backdrop of the factual scenario in which I have penned profiled the reasoning of the Land Acquisition Collector as also that of the Reference Court, I delve into the arguments advanced before me during hearing today
17 With reference to the evidence led in L/C No 384/2004 /amna Vs 110/ & Ors, it was urged by Sh L B Rai, learned counsel for the appellant in LA App No 784/2005, which argument was adopted by other learned counsel who appeared for the other appellants, that the learned Trial Judge was not justified in ignoring the sale deed Exp-1 whereunder ] bigha LA APP 784/2005 & connected. '::, ---..::' •.,• •.Y•: '.•• • •........::: • Acqutsltlofl Appeat No 49/2OO[9], Chtrnji LaLy5Y.D.LOQ_Qt—LO-Q' -W[4] have determined ie fair rark va'ue of th on 2 6 2011 I 4,03,425I- per bigha 5 of 6 2 2003 lands in Village Ghevra at of comparability of land in village kkarWaLa with On the issue village Mundka, Ghevra and Tikri Kalan, it is no doubt true that whereS village BakkarWal does npt abut NH-b, as do the other villages, but it has to be hIQhtLght,d at it more proximate to the urban areas of Delhi viS--ViS Gevra and T,kri Kalan and to that extent, qua said 2 villageS, ha n advantage, Since exactness can never be achieved n he natterS of fair compeflsatiofl[1] it is the broad robabilitieS and assessing similarities which matter Thus, I hold all 4 villages to be land special featureScafl be shown equivalent, unless qua some
28 Since the decision in °ataP 5inqh[5] case (supra) deals with notifications more proximate in point of time to the ith which I am concerned I, am of the opinion that notifications it would be just, fair and proper to determine the fair, market value of land with which I am concerned i relation to the fair bf lands determined in ?rat.P 5rg& case (supra) market value As per the dcisiOn in patapngh' case (supra) for the date 24 7 1995, for Category A lands fair compenatiofl assessed was bigha 2,15,160/- per bigha and 1,73,500I- per for Category B land The first notification with which I. am concerned is 25 2 1997 whereunder lands in Village Mundka were acquired n In The time spa sweeps 1 year and 216 2 ie.. 581 days Prtap SinL7' case (supra) he anRual increase was determined to be 10% pei annum (flat) Thus, pertaining to Category, LAApp784/2005&connected / lands, the fair market value assessed is 2,49,408 75 per bigha i e 11,97,1621- per acre and for Category B lands, I assess the p fair market value at 2,01,117/- per bigha i e 9,65,361 60 er acre
29 The next notification with which I am concened_i dated 22 32003 pertaining to Village Mundka In Chiran1ui Lal's cas (supra), with reference to the decision in Pratap Singh's case (supra), for agricultural lands in Village Ghevra pertaining to a notification issued under Section 4 of the Land Acquisition Act on 6 2 2003, the fair market value assessedwas 4,03,425I- per bigha This was uniformly applied Since there is a time gap of, just a little over 1 month, I am of the opinion that pertaining to the notification dated 21 3 2003, fair market value of land in Village Mundka should be 4,03,425/- i e 19,36,440I- per acre, which I hereby fix
30 I propose to deal with the notification datd 24 on 9 2003, after dealing with the notificati dated 17 6 2005 pursuant whereto 1agricultural lands were acquired in Village Mundka and Village Bakkarwala 31 As noted hereinabove, in Chiranh' Lal's case (supra), pertaining to the notification dated 6 2 2003, fair market value assessed by me was 4,03 1 425/- per biqha and thus, increasing the same by 10% for 2 years and 131 days, the figure comes to ' 4,98,589I- per bigha, which comes to 23 1 93,227 20 per pere The same is held by me to be the fair market value of land in Village Mundka and Village Bakkarwala as of 17.6.2005.I decree the same LAApp784/2005&connected Page l7of 19 -
32 I am left with the notificattOr dated 24 9 2003 pertaining to Village Bakkarwala and with rference to the fair market value assessed in Chiranhi Lal's case, I would require to appreciate the price by 10% per annum for a period of 201 days, the figure comes to 4,25,641/- per bigha i e 20,43,076 80 per val acre, which I determine to be the fair market ue 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 - ' I) For the land faMing in Category. A land in Village Mundka the fair market value is fixed at is 2,49,408 75 per bigha i e 11,97,162!- per acre and for Category B lands, the fair market value is fixed at 2,01,117I- per bigha i e 9,65,361 60 per acre, on25021997 ii) For the land situated in Village Muriidka the fair m1arket value is fixed at 4,03,425/- per bigha i 19,36,440/- 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) FAr the land situated in Village Bakkarwala the fair market value is fixed at 4,98,589!- per bigha i e LAAPP784/2005connected Page l8of 19 & •.•.