Union of India v. Rakesh Garg & Anr.

14 lertaining to the notifications dated 21 3 2003 and 24 9 2003 whereunder agricultural lands in villa'ge Mundka and village Bakkarwala respectively were acquired, the Reference 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 Delhi, the Reference Court adopted the principle of, mean average What the Reference Court did was to adopt the value as of 1 4 2001 and increasing the same by 10% 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 same by 10% per LA APP 784/2005 & connected t;Y and 3 biswa of agricultural land in village Mundka was sold as of. 5 8 1996 for a sale consideration of 4,75,000/7 38,000/- was incurred towards sale duty and thus the price of the land would be 5,13,000/- and calculated with reference thereto, land price per bigha would 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 agricultural lands in village Mundka was 4,46,000I- 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, -211.3i 2003 and 17.6.200.5, i e the dates when notifications under Section 4 of the Land Acquisition Act were issued pursuant 110- whereto agricultural lands were acquired in village Mundka. by increasing the price progressively, if not by 12% per annum at least by 10% p e r 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 villages 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 o • Land Acquisition Appeals, lead matter being LA AppeaI No 19/2006 Pratap Sincjh (Deceased) Thr LR[5] Vs 110/ as per which fair market value of land per bigha, was determined in' the revenue estate of village Tikri Kalan as of 16 11 1995,i 11 6 1996 and 17 12 2002 at 2,15,164I- for category A land LA APP 784/2005 &connected 23,93,227 20 per acre, as on 17 06 2005 For the land situated in Village Bakkarwala the fair marlet value is fixed at Z[4],25,641/- per bigha i e 20,43,076 80 per acre, as on 24 09 2003 Appellants and cross-objectors who have succeeded would also be entitled to solatium and interest as per statute and as clarified in the decision 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 su(n enhanced by the present judgment and decree The appellants and cross-objectors who succeed would also be entitled to proportionate costs vui) All pending applications stand disposed of in terms of the prayers made therein - (PRADEEP NANDRAJOG JUDGE 3ULY 08, 2011 mm LA APP 784/2005 & connected