Union of India v. Vinod Kumar Aggarwal & Anr.

4 LAAPP 1049/2010, LAAPP 1O5O!2O1O LAAPP ' 1056401O, ) LA APP 1060/2010, LA APP 1061/2010, LA APP i 1071f2010,: LAAPP 125/2011,LAAPP 126/2011,LAAPP 258/2011 (Relating to Ntification u/s 4 dated 21 03 20&3 & Award I No3/2005-06, Vflage-Mundka) AND.L. + LAAPP 60012009, LAAPP 605/2009, LAAPI[5] 615/2009, LA APP 310/2010, LA APP 325/2010, LA APP 376/2010, LA APP 383/2010, LAAPP 384/2010, LAAPP 385/2010, LAAPP 473/2010, LAAPP 492/2010, LAAPP 586/2010, LAAPP p91/2010, LAAPP 63812010, LAAPP 69012010, LAAPP /2l, LAAPP.711/20.10,: LA.PP. 716410, 4.APP.tAPP 3/b[1], LAAPP 872/2010, LAAPP 873,c01; 5/20i, LA.APP. 887/2010,. LA.APP-.- 10, ?IA.APP. 892/2p10, LA APP 898/2010, L,AAPP 906/2010 & M APPL' o44,43/2010, LAAPP 937/2010 & CM APPL 2329/2010, LAAPP 1042/2010,LAAPP 1047/2010 (PeIating to Notification u/s 4 dated 21 03 2003 Award No 1/2005-06, ViIIae-Mundka) 4 4 I AND LA APP 1003/2010, LA APP 1017/2010, LAAP i019/2010, t LA APP 1022/20 10, LA APP 1023/2010, LA APP 1044/2010, APP 1051/2010, LAAPP 1053/2010,LAPP 1054J2010 & APPL No 5656/2011, LA APP 1055/Z1G, LAAPP 057/2010, LAAPP 1058/2010, LAAPP 1059/2JL0, LAAPP *068/2db LAAPP 1069/2010, LAAPP 124/20L[1], LAAPP 27/2011, LA APP 128/2011, LA APP 259/2011 A APP 784/2OO[5] & connected I 4 I.. I........;. I J................................................. -. -. •- L-Ij pursuant to a notification dated 25 2 1997 issued under Section 4 of the Land Acquisition Act as per award No 2/1999/2000 Agricultural lands in the revenue estate of village '1undkawere further acquired pursuant to a notification dated 21 3 2003 issued under Section 4 of the Land Acquisition Act s per award No 3/2005-06 as also award No 1/2005-06 Furthe lands in the revenue estate of the same village wre acquired pursuant to a notification dated 17 6 2005 issued under Sec4ion 4 of the Land Aquiition Act as per Award No 13/2006-07 8t Agricultural lands in the revenue estate of village Bakkarwala were acquired pursuant to a çiotification dated 24 9 2003 issued under Section 4 of the Land Acquisitin Act as per Award No 3/2004-05 Further lands in the revenue estate of w the same village were acquired pursupnt to a notification dated c 17 6 2005 (the same notification under which lan 1ds in village Mundka were acquired) as per award No 1/200-07 9., •. In: a nut shell,:. the Land. Acqpisition Collector. determined the fair, market value of the acquird lands, under all the awards, with reference to the minimum pricefo[1] agricultural land as notified by the Government of NCT Delhi I

10 For clarity I may note that pertaining to the notification dated 25..2..1997 under which agricultural lands in the revenue estate of village Mundka were acqjired', the learned t the price for one year, @ 115% per anflum Tfrps wa alopted for category A lands For bands in category B, ti value was furthr discounted by 90,000/- per acre Perta ning. to the notifications dated 21 3 2003 and 24 9 2003, t i0..and Acquisition Collector relied upon the notification fixing the minimum price of agricultural land as of 1 4 2001 nd gave no bnefit of enhancement with referende 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 notificatidn dated 17 6 2005 which required fair market value of land to be determined in the revenue estate of village, Bakkarwala and village Mundka as of 17 6 2005, the Land Acquiition Collector determined Lhe same with reference to the notifiation fixing minimum value of agricultural lands in Delhi as of 1 4 2001 and gave no increase - -: I Government of NCT Delhi had fixed the rninimim value fo agricuItura lands in Delhi I e 1 4 1997, but as against the Lanq Acquisition Collector depressing the price @ 11 5% for full on year, adopting the percentage 11 5, decreased the value by oiily 34 days inasmuch as the date with rfernce whereto Government had notified the minimum vafte was L 4 1997 and the notification under Section 4 of th Land Acquisition Act was 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 category B land the same was determined @ 899,288I- per. acre

14 Prtaining to the notifications dated -21.3.2003i and 24 9 2003 whereunder agricultural lands in,vileMundka and village Bakkarwala respectively were acquired, the Reference Court took note of the fact that after the 'ovrnment had notified the minimum rates for agricultural Ians iii 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 Got'ernment of NCT Delhi, the Reference Court adopted the princile of mean average What the Reference Court did was to adopt the value as of 1 4 2001 and increasing the same by' 10 0/. I 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 same1by 10% per LA APP 784/2005 & connected fage 8 of 19 I;...:.,...... I C I --- - t and 1,73,5001- for category B land, Z[2],35,850 for category A land and 1,9O,15O/- for category B land, 4,O2M5OI- for category A land and 3,2485OI- for categpry B land, respectively

18 I may note here that in various )and acquisition references various parties have proved a number o[1] sale deeds executed from time to time, but during arguments today before met, learned counsel for the land owners have (only 'relied upon the sale deed Ex P-i

19 Per contra, Sb Sanjay Poddar learned cpurisel for the UOl would urge that the sale price as per. Ex P-is cannot be I:.r•; adopted as the yardstick for the reason, to be a representative sample of the whole, the sample must'bear some adequate W ' proportion to the whole For example, learned cot.insel would urge that if, it has to be determined whether what percentage of stones are mixed in a bag of rice it would not be a safe method to pick only one grain, for if it happens to be the J, ra i nil of rice on would lead to the conclusion that the bag is 1O0o full of rice and if that one grain happens to be a piece of stonel one would reach to the conclusion that the bag is full of stones At least a fistful should be lifted and then checked as a reresenttive 'sample, is the example given The second rasoh on which learned counsel would attack the sale deed as not being representative of the price is the reason that people do come to know about pending acquisition inasmuch as before acquisitions are made, land in the area is surveyed Without a survey it woild be difficult to issue even the notification undr Section 4 LA APP 784/2005 & connected f...... • • ••.. • • 4 4 f 4 I ' as[4] Petitions for Special Leave to Appeal filed before he Suprem Court by either side have been dismissed 'Learned counsei takes the argument forward by urging that by adoting the fäi market value of land in village Bakkarwala as ofF 15 10 1993 a[1] 1,32,000I- per bigha, the fair market valuer should b ascertained by increasing the price progressively by 10% per annum to determine the market value FOf lana in viI1ag Bakkarwala as of 24 9 003 as also 17 6 O05 Learned couns& would urge hat in view of the locational' ad"Jantage of village Mundka, fair market value of land in village Murdka should be determined as of 25 2 1997, 2,1,.3.2003 and 17 6 2005, by giving 5% increase: • 22 With respect to the sale deed Lx P-i, whereunder ] bigha and 3 biswa of agricultural land was sold in Vilag Mundka as of 5 8 1996, it would assurfl importapce that the sale is about 7 months prior to the date of the notifiation issued under Section 4 of the Land Acquisition Act, which vyas issued on 25 2 1997 It is a matter of common knbwledge that preceding 1 the publication of a notification under Section 4 of the Land F' Acqyisition Act, survey's are carried out with the object of ' determining as to what lands, comprised in which k h a sr a numbers and fields are required to be notified for t h e proposed acquisition and w h e n this happens people in the rea come to know that very soon there is every likelihood th'at the land would be acquired In Delhi, the large scale acquisition poli[2] enjoins upon the Government to allot, at pre determined rates, a' plot of developed residential land to the ones whdse lands are LAAPP784/2005&connected age13of19 • •: • • • •..,.........:. • ':. •...,. F F S NO Date Village PrFce per Big ha 1 24 07 1995 & Tikri Kalan 2,15,160/- for Block 16 11 1995 A & 1 1 73,5001- fOr Blo4k B lnd 2 11 06 1996 Tikri lalan & 2,351815/- for Block Ghevra A T[1],90,156/- for Block B land 3 17 12 2002 Tikr: Kalan ' 4,02,850/- for Block