Full Text
HIGH COURT OF DELHI
LA.APP.872/2010
UNION OF INDIA Appellant
Through: Mr.Sanjay Poddar, Advocate
Through: Mr.Kunal Sharma, Advocate for DDA. CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
08.07.2011 For orders, see LA.APP.No. 784/2005.
PRADEEP NAN DRAJOG, J.
JULY 08, 2011 mm 2011:DHC:13612 .. . . . . .:
, t - I HIGH COURT OF DELHI
H• • • ... .. .. . . . . .. . .
2.gfDec/I0P . 8th /u/yJfl ' Jt " t1& t EPAPP. 784J2005 r ii
JAMNA
Appellant
Through Mr L B Ral, Aiocate, Mr I S Dahiy, Advocate, Mr D S. Lakra, Advocate, O. . . ..
Mr K SunI, d'vocate, Mr Anuj Bhadarl, Advocate
Mr Shadam arashat, Advocate . . . . .. . . , ¶J ir
Respondents; . . . .
Through Mr Sanjay Poddar, Stanthng w 4 Counsel (LA), GNCT Delhi with
Ms Deepika, Mr Sachin Nawafli and Mr. Siddharth Panda Advocates
Mr Ajay Verma, Ms Kanika AgnihOtfl, Mr Ku1j.LSba4RRa, Mr Sumer Sethi, Mr B B Sharma, Ms Shobhna Takiar and Mr Arun
Birbal, Advocates for DDA AND
121/2006, 143/2007 (Relating to Notification u/s 4 dated , 25.2.1997 & Award No.2/1999-2000, Village Mundka)
•
AND • • • ••: •.•
• : LA.APR :583/2009, LA.APF. 60./20O9, •LA.APP. 604/2009, •
• • Na
SI
• • •.•• • •
;•
C
125/2010, LAAPP 164/2010, LAAPP 185/2010, LAAPP
186/2010, LA APP 200/2010, LA APP 238/20101 LA APP
239/2010 LAAPP 243/2010, LAAPP 244/2010, LAAPP
245/2010, LAAPP 247/2010, LAAPP 251/2010, LAAPP
252/2010, LAAPP 266/2010, LAAPP 267/2010, LAAPP
273/2010, LA.APP. 274/2010, . LAAPP. 27/2010, LAAPP.
312/2010, LAAPP 324/2010, L.A.APP 326/2010, LAAPP
331/20101 LA APP 332/2010, LA APP 333/2010 with M APPL
No 5524/2011, LAAPP 335/2010, LAAPP 367/2010, LAAPP
368/2010, LA APP 369/2010, LA APP 371/2010 & CM APPL
No20099/2010, LAAPP 374/2010, LAAPP 375/2010, LAAPP
377/2010, LAAPP 379/2010, LAAPP 423/2010, LAAPP
452/2010, LAAPP 461/2010, LAAPP 472/2010, LAAPP
694/2010, LA APP 696/2010 & CM APPL No 340/2011, LA APP
• 697/2010, LAAPP 698/2010 & CM APPL 1734/2011, LAAPP
706/2010 & CM APPL 17215/2010, LA APP 707/2010, LA APP
708/2010, LA APP 70912010, LA APP 710/2010 with CM APPt.
No 2568/2011, LA APP 713/2010 with CM APPL No 7473/2010, LA APP 715/2010, LAAPP 717/2010, LA APP 719/2010, LA APP
766/2010, LAAPP 796/2010, LAAPP 797/2010 LAAPP
78f010, LAAPP 799/2010, LAAPP 818/2010, LAAPP
819/2010, LAAPP 829/2010, LAAPP 831/2010 & CM APPL
955/2011, LA APP 832/2010, LA APP 833/2010 & CM APPL
6392/2011, LAAPP 834/201O, LAAPP 842/2010, LAAPP, 871/2010, LAAPP 874/2010, LAAPP 875/2010, LAAPP
876/2010, LAAPP 877/2010, LAAPP 878/2010, LAAPP
879/2010, LAAP 80/2010, LAAPP 881/2010 &
. APPç.€505/2011, LA APP 882/2010, LA APP 883/2010, LA APP
8842010, LAAPP 886/2010, LAAPP 888/2010, LAAPP
8820•I0 &.. CM APpL:2249/20i1, LA.APP. •890/2.0I0,:LAAPP., 893010 & CM APRIL 6750/2O11, LA APP 894/2010 & CM
No.3353/2o1o; LA.APP. 895/2010, LA.APP. 896/2010, LA.APP. .
897/2010 & CM APPL728/2011, LAAPP 903/2010, LAAPP
I
F
•
'-: .
.-F.-- H 9010, LAAPP 938/2010, LAAPP 939/2010, LAAPP
104t2010 & CM APPL 3086/2011, LA APP 1040/2010 & CM
(Relaing to Notification u/s 4 dated 21 03 2003 Si Aw ard
No 3/2005-06, Vi!lage-Mundka)
383/2010, LAAPP 384/2010, LAAPP 385/2010, LAAPP
473/2db, LAAPP 492/2010, LAAPP 586/2010, LAAPP
59112010, LA APP 638/2010, LA APP 690/2010, LA APP
69?/2010, L APP 716/2010, LA APP
763/-20i0, LA.APP. 872/2010., .•LA.APP. 873/2010, LA.APP., H
885/2010, LAA , LAAPP 891/2010, LAAPP 9212010, LA APP 898/201, LA APP 906/2010 & CM APPL
No 4443/2010, LA APP 93 ~,(2010 & CM APPL 23299/2010, &
LAAPP 1042/201,LAAP1 W47/2010 1 (Relating to Notfication u/s 4 dated 21 03 2003 & Award
No 1/2005-06, Vi!lage-Mundka)
AND
CM APPL No 5656/2011, L.A.APP 1055/2010, LAAPP
••
1057/20,101 LA.APP. 1058/2010, LA.APP. 1059/2010, LA.APP; , '
1068/2010 LAAPP 1069/2010, LAAPP 124/2011, LAAPP
127/2011, LA APP 128/2011, LA APP 259/2011
• • .. . . . . - .. - . . . .. . the price for one year © 11 5% per annum This price was adopted for category A lands For lands in category B, the vaIue was further discounted by 90,000/- per acre Pertaining to the notifications dated 21 3 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 artd gave no benefit of enhancement with reference to the fact tht the fair maket value of the lands to be determined was s of 21 12003 and 24 9 2003 Even pertaining to the notification dated
17 6 2005 which required fair, market value of land to be determined in the revenue estate of village Bkkarwala 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
ORDER
12 In a nut shell, pertaining to the notification dated 25 2 1997 vide which agricultural lands in village Mundka were acquired, the Reference Court adopted the same notification as was adopted by the Land Acquisition Collector under which the LA.APP.784/2005 & connected I Page 7ôf19.1.: and 3 biswa of agricultural lard n village Mudka was sold as of 5 8 1996 for a sale consideration of 4,75,000/- 38,000I- was incurred towards sale duty and thus the price of the land would be 5,13,000I- and calculated with reference thereto, land price per bigha w1oulc come to 4,46,000I- as of 5 8 1996 Learned counsel would urge that there is no reason not to hold that fair market value of agncultural lands in village Mundka was '4,46,000/- per 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 09der Section 4 of the Land Acquisition Act were issued pursuant whereto agricultural lands were acquired in village Mundka, by increasing the price progressively, if not by 12% per annum at least by 10% per. annum It is urged that on the same basis, land price should be determined for the agricultural lands in village Bakkarwala Alternatively, it was urged that since \/illages 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 of I A LdI1U MLqUI5ILIUII /-\)tdI, IdU IIIaLLCI Lciii P1JLll No.193/2006 Pratap 5!ngh 'Deceased Thr. LRs Vs. 1)0/as per \1 wo.i.f[di.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 agricultural 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 Tikri Kalan and Ghevra as under - S lands, the fair market value assessed is 2,49,408 75 per bigha i.e.11,97,1621- p e r acre and for Category B lands, I assess the fair market value at 2,01,117/- per bigha i e 9,65,361 60 per acre
29. The next nOification with which I am concernëd.J •? dated 21 32003 pertaining to Village Mundka In Ghirariii Lal's cas (supra), with reference to the decision in Pratap £ngh's case (supra), for agricultural Jands in Village Ghevra pertaining to a notification issued under Section 4 of the Land AcquisitiOn Act on 6.2.2003, the fair market value.assessed was 4,O[3],425I- pet. higha 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 1 notification 3 dated 21 2003, fair market value of land in Village Mundka should be 4,03,425I- e 19,36,440/- per acre, which I hereby fix
30 I propose to deal with the notification dated 24 9 2003, after dealing with the notification dated 17 6 2005 pursuant whereto agricultural lands were acquired in Village Mundka and Village Bakkarwala • As noted hereinabove, in ChiranhiLaICaSe'(SUPra), pertaining to the notification dated 6 2 2003, fair market vale assessed byrne was[4],03,425/- per biha and thu,increá.Siflg.... the same by. 10% for 2 years and 131 days, the figure comes to 4,98,589I- per bigha[1] which comes to 23,93,227 20 per ce The same is held by me to be the fair market value of land in Village Muñdka and Village Bakkarwala as of 17.6. 2005 I decre the same ii - - - - - - 2 2 32' I am left with the notification dated 24 9 2003 pertaining to Village BakkarWala and with reference to the fair market value assessed in Chiranht Lal's case, I would require to appreciate the price by 10% per annum fot a period of 201 days, the figure comes to 4,25,6411- 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 Village Mundka the fair market value is fixed at is per, cre and 2,49,408 75 per bigha e 11,97,1621- a for, Category B lands, the fair market value is fxedat 01,117/- per bigha i e 9,65,361 60 per acre, as M,25.02.1997. For the land situated in Village Mundka the fair market value is fixed at 4,03,4251- per bigha,i e 19,36,440/- per acre, as on 21 03 2003 For Ahe land situated in \iillage Mundka the fair market value Is fixed at Z[4],98,,589/- per bigha i e 23,93,227 20 per acre, as on 17 06 2005 For the land situated in Village Bkkarwala the fair market value is fixed at 4,98,589/- per, bigha i e Pa e 18 of 19 LA APP 784/2005 & connected g