Satbir Singh & Ors v. Union of India & Ors

2 Th present decision concerns isstfe of fixa1ion of market value of land in the yevenue estate of yillage Bakkarv[4] anvilrgeMundka' ': The dates on which fair market value ofthe land h f to b dermined may be graphicall nted as ?un d er, c

5 Nd Name of Village Date of notification under; 4 Sec'tin 4 ofthe LAAC Bakkarwala 24 9 2003 c Bakkarwala 17 6 2005. I • Mundka 25 1997

77 Mundka 21 2003 t 5 Mundka 17 6 2005 ' t,,: •..... •: • ' • •;.... -; •: • • '.

4 It may be highlighted thatthe notification at serial t o 2 hereinabove pertaining to viJIag Bakkarala is the same. pursuant whereto lands were acquired in the revenue estáté of } Village Mundka, as perserial No 5 abov 5 Abutting NH-b, leading frori the city of Delhi 1 to the I township of, Rohtak in the State of Haryana, arevillages Mundka, F I Ghevra and Tikri Kalan Village Bakkarwala flies towards the,, otherside of the Southern boundaryofvillage Mundka The I I difference between the topology of the two villages is, whereas, the land of village Mundka abuts NH-b, that of viiidge[4] Bakkarwa!a does not so abut, being cn the other side of the Souther boundary of revenue estate ofvillage Mundka • 6, As we proceed from the city of Deli to the township of Rohtak, village Mundka is crossed first, follbwed by villae G"Ievr[8],ancl then village Tikri Kalan 7 Agricultural lands in village Mundkwere acqLtIrd LA APP 784/OO[5] & connected If I 1 j y r I the price for one year @ 11 5% pr annum. This pric was adopted for categoy A lands For lands in cateory[1] B, the ialue I ws further discounted by 9O)OOO/- per acre Pertaining to the notifications dated 21 3 2003 and 24 9 2003, othe Lan f d Acquisition Collector relied upon the notification 1 fixing the minimum price of agricultural land as of 1 4 2001 and gave do t e benefit of enhancement with reference to the fact that the fair I L market value of the lands to be determined was as of 21 3 2003: 'and 9 2003 Even pertaining to the nohfication dated 2005 which required fair market V. of land to be determined in the revenue estate of village akkarwala and I village Mundka as o f,.17 6 2005, the Land Acquisition Côllctor,. determined te same with reference to the notification Nxin minimum value of agricultural lands in Delhi as of 1 200lrand ( gave no increase,

11 Aggrieved by th determination of he fair market t value of the lands by the Land Acquisitio -i Co the Iand owners sought a reference under Section 18, of. the Lard ftqui5itiob ~ Act 1894 and on the reference being made, vid " I various judgments and decrees, which are under challenge in the above captioned appeals, the Reference Court tok corrective action, as per the view of the Reference Court, enhanced the fair market value:

12 In a nut shell, pertaining to the not4ification dated' 5 2 1997 vide which agricultural lands in viI1age Mundka were acqLiied, the Reference Court adopted the same notification s; was adopted by the Land Acquisition Collector urder'whichthe LA APP 784/2005 & connected 1 41' rnirnium vajye fr Government of NCT De'hi had fifed the m agricultural lands in Delhi I 1 4 ]997, agamst the Lnd Aquisition Collector depressing th rice V1L[1] 5%for full one year, adopting the percentage ii 5, decrased, the value by i t only 34 days inasmuch as the date with reference whereto Government had notified the minimum valuwas 1.4. 1997 and the notification under Seçion 4 of the Land Acquisition Act was t. dated 25 2 1997 This s th valçie fixed ?or category A lahds I[1] ? \ and for category B. la/ids, with reference to the values for ': category A land deresse the same by 9O,OOO/- pe acre ? 13 Thus, for catgory A lands he Reference Codrt determined the fair market value @ 9,89,2'8/- per acre and for, category B 'and the same was determined @ 8,9,2881-per. i acre:

14 Pertaining to the notifications ded 21 3 2003 nd. 24 9 2003 whereunder agriculturafiandsiin vill'ge Mundkaand village Bakkarwala respectively were acquired the Reference CUrt took note of the fact that after the Government had t ' I notified the minimum rates for agncultual lands irn Delhi as of,. L 1 fi 2001 the next revision was as of 30 8 2005 Using the said t f 1: dates and the minimum price notified by the Government of NCT Delhi, the Reference Court adopXed the principle of nn average What the Reference Court dic was to adopt the value • of 1 4 2001 and increasing the same b 1% per annum determined the enhanced pric as of 21320Q[3] a ) kalo 4 4 24' 9 2003 Thereafter the Reference Court took the vlue notified as of 30 8.20 05 apd depressing the 4sarne Ey 10% p1er LA APP 784/2005 & connected: • ••....•''h,.,• •....... •• and[3] biswa cf agricuIturarIhIand in yiHge M!.ind'ka wassoJd t S 8 1996 for a sae consideration of 4,75,OOOI- 38,OOOI- Más t içicurred towards sale duty and thus the price qf the land woiId 1 be 5,13,OOO/- and calculated with reference thereto, land price,! 14 perbigha would come to 446,OOOI as of 5 8 1996 Learnedt would urge that there ts no reason not to hold that fair ç counSel rnaket value of agricultural ltands in vtllae Mundka was 4,46,OOO/- per bigha as of 5 8 1996 Takin1g th argumnt ' I forward, it is urged that with reference to the said price, fair, ' value needs to be determined as of 25 2 1993, rharket L 21 3 2003 and 17 6 2005, i e the dates when notificatins under Section 4 of the Land Acquisition Act were issued, pursuant,. wherto agricultural lands were ac9uired in illage Mündka, by icreasing theprice progressively, f not by 12% p e r annum, atl least by 1c% per annum It is urged that on.the same bais, land price should be determined fo the agriçubtural lnd's in vllage Bakkarwala Alternatively, it was urgd that siiice villages Tikri Kalan, Mundka and Bakkarwala e contiguops villages, and in fact village Tikn Kalan is further towards the township of Rohtak, some increae be made in the value of the ' lands in village Mundka and Bakkarwala with reference to the. r )udgmeñt nd decree dated 19 12 2008 decidin'g a batch Of. 11..and Acquisition Appeals lead çnatter being LA Appealt No 193/2006 PrataQ Singh Deceased) Thr LR[5] Vs LIQI as per hich fair market value of land, per bigha, was deteminedinI the jevenue estate of village Tikri Kalan as of, 16 11 1995 L[1] 6 1996, and 17 12 2002 at,15,164/- for caegoçy A land t fLA APP 784/2005 & connected 1..:!•H... •. • '•. --..'..... ------.: ------------- I., I ( •';•: ';:: •,.:. •;.:::H[1] •:,.: t i '.,.,.•:.,,,.' ': ' and t 1,73,500/- for category B 'and,Z[2].,3585O forcategory A \/ land and 1,9O,15O/- for category B ln.d,r 4,O[2],85O/- for t category A land and 3,24,85OC- foç category: B landi \ 4, respectively:, may note here that in various land acquithtion references, arious arties have proved a numbe of sale deeds v I executedfrom time to time, but duriçig argumnts toçlay before. me, learned counsel for the land owners have only relied upon he sale deed Ex P-i ' p I;l_9 I