Union of India v. Surender Agarwal & Anr.

1 Whether the Reporters of local papers may 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 deciding the aboe captioned appeals and relatable civil miscellaneous applications which are by way of cross objections, all of which have been listed hereinabove LAAPP784/2005&connected Page4ofl[9] • • •..' •• •• •,•. • ••..•..• • •• • • 2 The preenit decision concerns issue of fixation of fr market value of land in the revenue e s t a t ejiof Village Bakkarw and village Mundka

3 The dates on which fair market value of the land has to be determined may be graphically noted as under - S No Name of Village Date of notificationunder Section 4 of the LA Act

1 Bakkarwala 24 9 2003.2: •. Bakka rwala. 1.7. 62 005...

3 Mundka 25 2 1997

4 Mundka 21 3 2003

5 Mundka 17.[6] 2005 4 It may be highlighted thai the notification at serial No 2 hereinabove, pertaining to village Bakkarwala, is the same pursuant whereto lands were acquired in th&revenue estate of Village Mundka, as perserial No 5 above 5 Abutting NH-b, leading from the city of Delhi to th township of Rohtak in tHe State of Haryana, are villages Mundka, Ghevra and Tikri Kalan Village Bakkarwala lies towards the 4other% side of the Southern boundary of village Mundka The difference between the topology of the two villages is, whereas the land of village Mundka abuts NH-iD, that of village Bakkarwala 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, village Mundka iscrossed first, followed by village Ghevra and then village Tikri Kalan 7 Agricultural lands in village Mundka were acquired LA APP 784/2005 &connected the price for one year © 11 5% per annum This price was adopted for category A lands For lands in category B, the vaftie V was further discounted by 90,000/- per acre Pertaining to the notifications dated 21.31 2003 and 24 9 2003, the Land Acquisition Collector relied upon the notification fixing the minimum price of agricultural land as of 1 4 2001 and gave no benefit of enhancement with reference to the fact that the fair I market value of the lands to be determined was as of 21 3 2003 and 24 9 2003 Even pertaining to the notification dated 17 6 2005 which required fair market valueof land to be determined in the revenue estate of village Bakkarwala and • vilfge Mundka as of 17 6 2005, the Land Acquisition Collector d4rmined the same with reference to the notification fixing mfrnun value of agricultural lands in Delhi as of 1 4 2001 atd ga no increase 11, Aggrieved by the determinatioh of the fair rriarkt t vaØe of th? lands by the Land Acquisition Collector, the latd 9ers sought a reference under, Section 18 of the Land A4tisition Act 1894 and on the referencebeing made, vide varus judgments and decrees, which are under challenge in th above captioned appeals, the Reference Court took, cctive action, as per the view of the Reference Court, and enF'inced the fair market value

12 In a nut shell, pertaining to the notification dated 25 2 1997 vide which agricultural lands in village Mundka were acqired, the Reference Court adopted the same notification as was adopted by the Land Acquisition Collector under which the LAAPP784/2005&connected Page7ofl[9] I H., • ••.. -....-: •.-;-----.. rw kv. Government of NCT Delhi had fixed the minimum vatue for agricultural lands in Delhi I e 1 4 1997, but as against the Land Acquisition Collector depressing the price @ 11 5% for full one year, adopting the percentage 11 5, decreased 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 was dated 25 2 1997 This was the value fixed for category A lands and for catpgory B lands, with reference to the values for category A land depressed the same by 90,000I- per acre

13 Thus, for category A lands the Reference Court determined the fair market value @ 9,89,288/- per acre and for category B land the same was determined @ Z8199,288I- per, acre

14 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 the Government had notified the minimum rates for agricultural lands in Delhi as of 1 4 2001 the next revision was as of 30 8 2005 Using the said dates and the minimum price notified by the Government of NCT Delhi, the Reference Court adopted the principle of mean average What the Reference Court did was to adopt the value as of 1 4 2001 and increasing the same by 10% per annum' determined the enhanced price as of 21 3 2003 as also 24 9 2003 Thereafter the Reference Court took the value notified as of 30 8 2005 and depressing the same by 10% per LA APP 784/2OO[5] & connected annuni determined the sum arrived at as of 21 3 20Q[3] as also 24 9 2003 The two sums arrived at were ad1ed and divided by two to arrive at the mean figure as of 21 3 2003, 1 which note comes to 15,92,083 33 per acre (In spme decisions I note the sum arrived at is 15,92,215/-) For the date 24 9 2003 the price determined was 20,41,000/- per acre

15 Pertaining to the notification dated 17 6 2005 pursuant whereto agricultural lands were acquired in village Bakkarwala and Mundka the learned Reference Court adopted the minimum price for agricultural lands notifid by the Government of NCT Delhi with effect from 1 4 2001 and giving increase @10% per annum determined the value and with respect to the lands in village Mundka, on account of locatinal advantage, being abutting NH-iD gave 5% more and determined the fair market value as of 17 6 2005 in sum of 21,37,017 75 per acre and for villagte Bakkarwala the price determined was 20,35,255/- per acre

16 In the aforesaid backdrop of the factual scen /arlo in which J. have penned profiled the reasoning of the Land L 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 LAC. No 384/2004 Jamna Vs 110/ & Ors, it was urged by Sh LB 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 Ex P-i wliereunder 1 bigha.... "....-......... '..,. ••: •. H \ ançi 3 biswa of agricultural land in village Mundka ws sold?as of 5 8 1996 for a sale consideration of 4,75,00/- fl[8],000/- was incurred towards sale duty and thus the price of the land would be 5,13,000/- and calculated with reference thereto, land price per bigha would come to 4,46,000/- as of 5 8 1996 Learned counsel would urge that there is no reason not to hold that fair, market value of agricultural lands in village Mundka was 4,46,000/- p e r bigha as of 5.8. 1996 Taking the argument forward, it is urged that with reference to the said price, fair market value needs to be determined as of 25 2 1993, 21 3 2003 and 17.6.2005, i e the dates when notifications under I Section 4 of the Land Acquisition Act were issued pursuant whereto agricultural lands were acqu.iredc, in village Mundka, by increasing the price progressively, if not by 12% p er annum at least by, 10% per annum It is urged that on the same basis, land price should be determiaed for the agricultural lands in village Bakkarwala Alternatively, it was urged that since villages Tikri Kalan, Mundka and Bakkarwala are contiguous villages, and in fact village Tikri Kalan is further towards the township of Rohtak, some increase be made in the value of the land in village Mundka and Bakkarwala with reference to the judgment and decree dated 19 12 2008 deciding a batch oV Land Acquisition Appeals, lead matter being LA Appeal No 1'93/2006 Pratap Singh (Deceased) Thr, LR[5] Vs UQI as per which fair market value of land, per bigha, was determined in the revenue estate of village Tikri Kalan as of 16 11 1995, for category A and 11 6 1996 and 17 12 2002 at 2,15,164R l 784/2005 & conneed Pge 10 of 19 LA APP ct / - ---- -- - I and U,73,500/- for category B land, 2,35,80 fr cateory A land and 1,90 150!- or category B land, 4,02,850I- for category A. land and 3,24,850/- for category B land, respectively.