Dharambir Singh v. Union of India & Ors.

Delhi High Court · 08 Jul 2011 · 2011:DHC:14025
Pradeep Nandrajog
LA.APP.186/2010
2011:DHC:14025
property remanded Significant

AI Summary

The court held that fair market value for land acquisition must reflect geographical differences and notification dates, allowing differential valuation for lands abutting and not abutting National Highway-10.

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$-3O HIGH COURT OF DELHI
LA.APP.186/2010
DHARAMBIR SINGH Appellant
Through: Mr.L.B.Rai, Advocate
VERSUS
UNION OF INDIA& ORS. Respondents
Through: Mr.Sanjay Poddar, Advocate for R-1 Mr.Sumer Sethi, Advocate for DDA
• CORAM:
HON'BLE MR. JUSTICE PRADEEP NAN DRAJOG
08.07.2011 For orders, see LA.APP.No. 784/2005.
PRADEEP NANDRAJOG, J.
JULY 08, 2011 . mm 2011:DHC:14025
•; i1ç
:
ORDER

2 Phe present decision concerns issue of fbation of fr: market value of Iard in the reenue estate of Village Bakkarw ' and vil'age Mundka

3 The dates on which fair market value of the land ha L, to be determined may be graphically noted as urider - S No Name of Village Date of notification under Section4oftheLAAct

1 Bakkarwala 24 9 2003 2 Bakkarwala 17 6 2005 r ?3 Mundka 25 2 197

4 Mundka 21 3 2003 t 5 Mundka 17 6 2005 ' 4 It may be highlighted that the notification at serial No 2 hereinabove, pertaining tO village Bakkarwala, is th sam: pursuant whereto lands were acquired in the revenue estate of Village Mundka, as per serial No 5 above 5 Abutting NH-lU, leading from the city of Delhi to the towhship of Rohtak in th State of Haryana, are villages Muidka, Ghevra and Tikri Kalan Village Bakkarwala lies towards,the p. other, side of the Southern boundary of vilIge Mundka The' difference between the topology of the two vililagés is, whereas the land of village Mundka abuts NH-b, that of viIIägeJ. Bakkarwala does not so abut, being on the other ide'othe' Southern boundary of revenue estate of villge Mundka

6 Aswe proceed from th city of Delhi to the township of Rohtak, village Mundka is crossed first, followed by village Gjievra and then village Tikri Kalan 7 Agricultural lands invillage Mudk were acquired LA4PP784/2005&connected PageSof19 4. No.193/2006 Pratap Sinqh (Deceased) Thi LRs Vs. VOl as pr 1 which fair market value of land, pérbigha, was determined in 1 the re'sIenue estate of village TiJri Kalã'n as of 16.11.1995, 11 6 1996 and 17 12 2002 at 2,15,l64/- for category A land LA.APP.784(2OO[5] & connected S S PagelO of 19 - r i,