Shree Bhagwan & Ors. v. Union of India & Anr.

2 The present decisioncdnerns issue o fixatn of fr market value of land in the revenue stateo Village Bakkarw+: and village Mundka # )

3 The dates on which fair rnarketvalue6f the lani hs to be determinedmay be graphicallynotedas unqer i S No Name of Village Date of 1notification under I Section 4 the LA Act of } I ' \

1 Bakkarwala 24 9 2003t It t 2 Bakkarwala 17 6 2005 3 Mundka 25.[2] 1997 Mundka 21 32003 4 ' 5; Mundka; 17 &2005 ' I t 1 I 4 It nay: be highlighted that the ntification at seri t No 2 hereinabovet, pertaining to village akkarwala, is the same. pursuant wheretot lands were acquired n tte[1] revenue estate 9f: I t Village Mundka, as per. serial No 5 above 1 t t 56 Abutting NH-1O, leading frbm the citysqf DelE to the S ' township of Rphtak in the State of Hayara, are villages 1'undk, Ghevra and Tikri Kalari Village Bakkarwala lies towads th $ other side of theSouthern bou tndary of village Mundk The: difference between the topology of the two villages is, whereas t, th land of yillage Mundka abuts NH-1O that of village, Bakkarwaia does hot so abut being on the other side of the' Southern boundary of revenue estate of vIllae[1] Murdka • I

6 As we proceed from the city of Dellii to the township of Rohtak, village Mundka Is crossed first, followed by village Ghevça and then village Tikri Kalan, 7 Agricultural lands in village undka wre acquiredr 5, LA APP 784/2005 & connected 7 7 j I I S 4.4: ---- - ---;-----;- t k f I.... urUtta hotifIctior[1]..dtetF25.2.i-.9971.iSSded.(Jflder Séion I 14 pf theLand Acquisition Act as pr awadNo 2/1999/2OOO ! AgricuIturat lands in he revenue estate o village Nlundka Were further,acqUired pursuant to a notifcaion dated 21 3 2O03 issuedunder Section 4 ofthe Land AcquistidnActs per ard:: No 3/2005-06 as also award No 1/2005-O& uher lands in thei I revenue estate of the same village were acquired pursuant to a ti t I fnotification: dated 17 6 2005 issued underSection 4 of the Land I 71 Acquisition Act as pier Award No 13/2006-07 ' f, f[8] Agricultural lands in the revenue estate of village Bakkarwala were acquired pursuant to a; rotification dated 24 9 2003 issued under Section 4 of the Land Acquisition Act as,. •L...........,.. I pe 3/20q4-05 Further lands inthe revenue estate of r Aviard N o........, •, •................. 4 the same village were acquired pursuant to a notification dated I 17 6 2005 (the same notification under which lands in viIlage e

1 Mundka were acquired) as per award No 1/2006-07 I I I l 9.. ir a nut shell, the Land Acquisition Collector I 4determined th fair marker value ofthe acquired lands, under all I } 1 I t h e awards, w1ith reference to tht minirnurp price foç agnciiltural landanotified by the Government of NCTDlhi,1O For clarity j may note that pertarning to 1the notfcation dated 25 2 1997 under,which agricultural lands in the revenue estate of village Mundka wereacqnred, the learned • Land Acquisition Collector determined the ai r+iarkt value with reference to the thinimum price for agricultdral 1 land notiiied w i t h effect from 1 4 1997 @ UO lacs per a&e! apd s ince[1] th date 3.[1] Section 4 notifiction was anterior in pointoftime, discounted 1 of LAAPP784/2005&connected, Page6ofl[9]

11 I I i.[1] I I I I I k I I I I.." •......,...•I.,;' 1 1.. f....-....;.. h:.,.. • t — -——, • i k Q, t I \ t 4: the price for one year @ 11 5% pen annum This pricg..V/as' adoptd for category A lands For Iands in catedory B/the Iu; was further dicourted by Z.90,000/- per acr Pertaining tà the notifidtions dated 21 3 2003 and 24 9 2003, the Land I Acquisition Coflector relied UPofl the notification fixing, the I mnimum price of agricultural land ascf 1 4*2001 rid gaveno:r:benefit of enhancement with referenc to the fact tt hat the fair market value of the lands to be determined was as of 21 3 2003 'and 24 9 2003 Evenpertaining to tie notification dated I 17 61.2q05 which required fair market vaJje of, land to be I detemined in therevenue estate of villageBakkar\X,ala and: village Mundka as of 17 6 2005, the Lnd Acquisition Collector w I determined the same with reference to thenotification fixing minirnum value of agricultural lands in Delhi as of 1 4 200]. and ' gave no increase j 4 i ¶L[1] Aggneved by the determinatioh bftthe fai market ialuë of the lands by the Land Acquisitioi Cdllector, the land bwners sought a reference under Sction 18 of, the an Acquisition Act 1894 and on the reference:being 'made, vide various judgments and decrees, which areunder challenge in lhe above captioned appeals, the Reference Court took orrective action, a per the view of the efèrncCourt, and • enhancd the fair market value 1 12 In a nutshell, pertaining to th'e 'notifRatior dated 25 2 1997 vide which agricultural lands in village Mnctkar,were acquired, the Reference Court adopted the sa m[6] notifictionas I was adopted by the 'Land Acquisition Collecto yndér, which the tAAPP784J2005&connected Page 70f19 f t I 4 S..• p. j F 1- S, r.,.• -....v.t- '..... *. f,.:..-...-...,......, -....-... -,......,........ •, r -.. •. I -•.,..•:.. • -..-.,-.-.-. -....,;......... -. -.4.....-.. I t ---.------..------•- * J f t w of 3 bisa of agricultural land in village Mundka was soIdas, t J 58 1996 for a sale consideration of 4,75,OOO7- 38,O®Ob- was 4 c incurred towards sale duty and thus the pride ofthe Ianq would be 5,i[3],000/- and calculated with reference thereto, land price per bigha would come to 4,46,OOO/- as of[5] 8 1996' Learned cursel would urge that there is no reason not 10 hold that fair niarket valueof agricultural lands ir vllage Mundka wa c % ft,46,OOOI- per bigha as of 5 8 1996 Taking theargument fOrward, it is urged that with reference to the said prke, fair va determined as of 25.219 market lUe needs to be I 21 3 2003 and 17 6 2005, i e the dates when riotification under ' Section 1 of th Land Acquisitiqn Act wire issuech pursuant I S vihereto agricultyral lands were acquired in, viilage Mundka, by ircreasing the price progressively, if not by 12°4 per annum at least by 10% per annum It is urged that on the same bas4is, land price should b determined for the agricuItural lands in •• t village Bakkarwala Alternatively, it was urged that since ! I villages Jikri Kalan, Mundka and Bakkarwala recontiguous ' villages, and in fact village Tikri KaIanis furthr towards the township of Roht,ak, some increase be made in the value of tI?e land in 'jillage Mundka and Bakkarwala with preference to the judgnent and decree dated 19 12 2008 deciding, batch of • Land Acuisitioi Appeals, lead matr being LA Appeal No 193/2006 Pratap 5,ncjh (Deceased) Thr LR[5] Vs UOI as per which fair market value of land, per bigha,[1] wps[1] determined in the revenue estate of village Tikri Kalan, as bf 16 1 1995, 1161996 and 17122002 at 2,15,164/- forcàtegqry 1A Iad L APP 784/O65 & connected Pag 10 519

4. 4

4. • 44 4 • •.•.•, 4

4. • •:• ••••• •. F•..: • •:•:::i;:•. y •:. •..,...... • t. and 1,73,5OOI- for ategbry B land, 2,35,85O, fon category A \ I ( I lands and 1,9O,15O/- fo category B land, 4,02,85017 for, L category A lend and 3,24,850/- for. categor B land, espectiiely * 1.[8] I may note here that in variou land acquisitioh t 4 references, various parties have pro\eda rniimber of sale deeds f i executetl from time to time, but during argjmerits today before rue, leaned counsel for the land owners hve only eliedr upon the sale deed Ex P-i t

1 Per contra, Sh Sanjay Poddar l ea rnd couisel for the:: tIJOl wotild urge that the sale price as pr. IEX P-icahnot be doptedas the yardstick for the reason, to be representatIve sample of t h e whole, the ar sample must be some adequate I ) proportipn to the whole For example, lerned counsel would I, whhe What percentage tpf eterined et trge that if it has tobe d m, tones re mixed in a bagkof rice it would rotbe a safemethod t;o pick pnli one grain, for if it happens to be the grairi ofrice. ne would lead to the conclusion that th bag is 00% full ofrice and if that one grain happens to be a piece of stone, one would çeach td,the conclusion that the bag is full of tpnes At least a j I 1stful should be liftd and then checked ( as. a, represçntative sample, is the example given The second; reasoq on which learned counsel would attack the sale ed[4] a; not being represertative of the price is the reason' that people do comt know about pe,pding acquisition insmuh as before a cquisitions are made, ç in the ea is surveyed Without, a survey it la Td ar yould be difficult to issue even the notificaioh pnder Section 4 ' LAAPP784/2005&oonnected Pagellofl[9] 4:•........ 1'...'.. I I I, I 44 44 1 I ft, I i - I I as Petitions for Special Leave to Appeal[9] fiied before the Supne Court by either sie have been disrnissd Lea'rned couneI takes the argument forward by urging that by adoptng the fair { market value of land in village Bakkaryvala s 4f 15 10 1993 at 1,32,OOOt- per bigha, the fair markt value should be ascertained by increasing the price progressively by 10% ipen annum to determine the market value of land in village iBakkarwala asdf 24 9 2003 as also 176 2O Learned cou;flsel;. I, would urge that in view of the locational advantage of village Mundka, fair market value of land in yillage:Mundka sho4uld be determined as of 25.2.1997, 21 3 2003 ana 17 6 2005, by giving 1 5 0Yoincrease:, ? x. I L

22 Vfith repect to the sale ded ExP[1], wherunder 1 • c ¶ 4bigha rand 3 biswa of 4 agricultural lndj wa sold in ViIlag; as of 5.8. 1996, it would assim importance that the:Mundka I 4sale isabout 7 months n priorto the dat[4] ofthè rotificatio isued under Section 4 of the Land Acquisition Act, which was issued on t, I 25 2 1997 lçt IS a matter of common knowledge that preceding;the publication of a notification under Section 4 of the Land Acquisition Act, stlirvey's are carried, out vith the object of -.determining as to what lands, comprised in which khasra numbers and fields are required to be notified for the proposed acqLiistibi and. whe;thi.s'- happens pebpl ir 'çhe rea coièto

25 The decision in JL SinghcaS (upra) determned fair market value of land in Village BakkarV/ala in sum of I 1,32,000/- per big ha as of 15 10 1993k and the perusal thereof LAAPp784/2005&connected Pagel4ofl[9] • ' t 4' •' ' 4 i I 4' I 1

27 Following the judgment in Pratap S,ncyh's case (supra) 4 1 I have decided the fair market value for th land situatedl in 4 1 revenue estate of Village Ghevra, whic ws acquired pursuant 4 to notifiation dated 6 2,2003 in the bath ofapealsbeing Land ' LAAPP784/2005&connected Pagel5ofl[9].[1] '. 4 IS 4 1 1 I 4 4 I.Lt •. 5..., •',' Ghevr'a. A & l,9O,l I.or Block B land 3 17 12.2OO[2] Tikri Kalan 4,O[2],85O/- for fflocj< A 3,24,851 for............................................. ' !Blôck B land S