Union of India v. Nar Singh & Ors.

1 Bakkarwala 24 9 2003 2 Bakkarwala 17.6..2005 3 Mundka 25.[2] 1997

4 Mundka 21 3 2003

5 Mundka 17 6 20b[5]

4 It may be highlighted that the notification at erial No 2 hereinabove, pertaining to village Bakkarwala, is the same pursuant whereto lands were acquired in the revenue estate of Village Mundka, as per serial No 5 above 5 Abutting NH-b, leading from the city of Delhi td the township of Rohtak in the State of Haryara, are villages Mundka, Ghevra and Tikri Kalan Village Bakkarwala lies towards the other side of the Southern boundary o village Mundka 4The difference between the topology of the two villages is, whereas the land' o'fl.. village' Mundka abuts NH-b, that of. village Bakkarwala does not so abut, beingon' the other side of;the Southern boundary of revenueestate of village Mundka

6 As we proceed from ithe, city of Delhi to the township of Rohtak, village Mundka is crossed first, followed by village Ghevra and then village Tikri Kalan 7 Agricultural lands in village Mundka were acquired Page 5 of i15 & H the price for one year @ 11 5% per annum This price was adopted for category A lands For lands in category B, the value was further discounted by. 90,000I- per acre Pertai1ning to the notifications dated 21 3 2003 and 24 9 2003, the Land Acquisition Collector r&ied uponthe hotification tixi ng the minimum price of agricultural land as of 1.4.20. 01 and gage no benefit of enhancement with reference to the fact that the fair market value of the lands to be determined was as of, 21 3 2003 and 24 9 2003 Even pertaining to the notification dated 1.7.6.2005 which required fair market value of, land to be determined in the revenue estate of vdiage Bakkarwala and village Mundka as of. 17 6 2005, the Land Acquisition Collector determined the same with reference to the notification fixing minimum value of agricultural lands in Delhi as of 1 4 2001 and gave no increase

11 Aggrieved by the determinatin of the fair market value of the lands by the Land Acquisit:n Coflector, the Ianf. owners sought a reference under Section 18 of the Land Acquisition Act 1894 and on the reference being made, vide various judgments and decrees, which are under challenge in the above captioned appeals, the Rference Court took corrective action, as per the view of the Reference Court, and enhancedthefairmarketvalue

12 In a nut shell, pertaining to the notificati o n dated 25 2 1997 vide which agricultural lands in village Mundka were acquirec, the Reference Court adopted th same notification as was adopted by the Land Acquisition Collector under which the LA APP 784/2005 & connected I Gov&nment of NCT Delhi had fixed the minimum value thr agricultural lands in Delhi I e 1 4 1997, but as against the Land Acquisition Collector depressing the price @ 11.[5] 0 for full ohe year, adopting the percentage 11 5, decleased the value ' only 34 days inasmuch as the date with reference whereto Government had notified the minimum vaiue was 1 A.1997 ad the notification under Section 4 of the Land Acquisition Act Was dated 2.5.2.1997.This was the value fixed for category A lans 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 fbr category B land the same was determined @ 8,99,288I- per acre

14 Pertaining to the notifications dated 21 3 2003 ard 24 9 2003 whereunder agricultural lands in village MundIa arid village Bakkarwala respectively were acquired, the Referene 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 DIhi, the Reference Court adopted the principle of mean average What the Reference Court did was to adopt the value as of 1A.2001 and increasing the same by 10% per annum determined the enhanced price k.as, of 21 3 2003 as alsb 24 9 2003 Thereafter the Reference Court took the Je. notified as of 30 8 2005 and depressing the same by 10% peTr deterined the sum arrived at as of 21 3 2003 as also annum m 24.9.2003.The two sums arrived at were added and divided by, two to arrive at the mean figure as of 21 2003, which I note comes to 15,92,083 33 per acre (In some decisions I note the sum arrived at is 15,92,215/-) For the date 24 9 2003 the price determined was 20,41,000I- per acre

15 Pertaining to the notification' dated 17 6 2005 pursuant whereto agriculturl lands were acquired in villag Bakkarwala and Mundka the learned Reference Court adopted the minimum price for agricultural lands notified by the Government of NCT Delhi with effect from 1.4.2. 001 and giving increase @10% per annum determtned the value and with rspect to the lands in village Mndka, on account of locational dvarItage, being abutting NH-10 1ve 5% rore and determined the fair market value as 17 6 200i sum of. 21,37,017 75 per acre and for village Bkarwalatthe price determined was 20,35,255/- per acre

16 In the aforesaid backdrop of he facuaI cenario in which I have penned profiled the reasoning of he 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 LAG No 384/2004 /amna Vs UQI & Ors, it w a s 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,lustifled in ignoring the sale deed Ex P-i wereunder 1 bigha

32 I am left with the notifictron dated 24 9 2003 pertaining to Village akkarwala and with reference to the fair market value assessed in Chirani' Lal's case, I would require tb appreciate the price by 10% per annum for a period of 201 day, the figure comes to 4,25,641I- per bigha i e 20,43,076 80 pr acre, which I determine to be the fair market value of land ih Village Bakkarwala as of 24 9 2Q03 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 fa!l1ng in Category A land in ViIlag Mundka the fair market value is fixed at is. 2,49,4O[8] 75 per bigha i e 1197,162/- per acre andi for Category B lands, thetfair market value is fixed at 2,01,117/7 per bigha i e 9 65,361 60 per acre, a on25021997 For the land situated in Village Mundka the fai market value is fixed at,03,425/- per bigha i e 19 1 36,440I- per acre, as on 21 03 2003 1 For the Iand 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 For the land situated in Village Bakkarwala the fai market value is fixed at[4],98,589/- p e r bigha i e Pa e l8of LAAPP784/2005&connected g 19 I 23,93,227 20 per acre, as on 17 06 2005 For the land situated in Village Bakkarwala the fairs market value is fixed at 4,25,641/- per bigha i e 20,43,076 80 per acre, as on 241.09.2001 Appellantsand cross-objectors who have succeeded would also be entitled to solatium and interest as per statute and as clarified in the de1cision reported 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 bythe present judgment and decre The appellants and cross-objectors who succeed / would also be entitled to proportionate costs viii All pending applications stand disposed of in terms of theprayers m ad[6] therein (PRADEEP AlAN DRAJOG) JUOGE )IJLY 08, 2011 mm I