Mahabir Singh v. UOI & Anr.

1. The present Appeal has been filed under Section 54 of the Land Acquisition Act, 1894 [hereinafter referred to as “LA Act”] against the judgment and decree dated 20.10.2008 passed by the Court of Learned ADJ, Tis Hazari Court, Delhi in LAC No. 10 of 1998 captioned “Mahabir Singh v. UOI & Anr.” [hereinafter referred to as “Impugned Judgment”].

2. By the Impugned Judgment the learned Reference Court enhanced the market value of the acquired land from Rs.27,344/- per Bigha, which was awarded by the Land Acquisition Collector [hereinafter referred to as "LAC"] to Rs. 89,600/- per Bigha for the acquired land situated at Village Nangli Razapur. The learned Reference Court also granted 30% solatium on the value of the land. In addition, it was directed that the Appellant is entitled to 12% interest on the market value of the land and enhanced compensation at rate under Section 28 of the LA Act at the rate of 9% per annum from the date of notification till the date of award or date of dispossession, [whichever is earlier], till the expiry of one year and thereafter @15% per annum.

3. The land was part of the land acquired for land development of Delhi in relation to the channelisation of the river Yamuna, by a notification under Section 4 of the LA Act was issued on 23.06.1989 [hereinafter referred to as the “23.06.1989 Notification”]. The notification sets out in detail that for acquisition of land admeasuring about 3500 hectares of land starting from a point 1 km upstream, Wazirabad Barrage road along eastern Yamuna marginal bund till it meets the boundary of Union Territory upto point it meets newly constructed NOIDA Bridge then along the Northern Boundary of the Bridge upto Agra Canal then along the eastern boundary of Agra canal upto Okhla head-works and along the Eastern Boundary of regularised unauthorised colonies of Batla House Joga Bai, Village Zakir Nagar, Hinrerbad village and then along the eastern boundary of Women Polytechnic, Central Road Research Institute, Kalindi Colony till it meets Ring Road the Eastern Boundary of Ring road till meets Indraprastha Power House then along the Eastern Boundary of Power House and then along the bund upto the point it meets old Railway, bridge and then along the road joining Ring Road crossing near Poakey Bridge then along the Ring Road upto 1 km upstream Wazirabad Water Works along the bund upto 1 km then along the imaginary line running parallel to Wazirabad Barrage on the Northern side upto starting point excepting the following land:- (a) Government land; (b) Land already notified under Section 4 or under Section 6 of the Land Acquisition Act, 1894 is likely to be acquired under the provisions of the said Act for the purpose above stated. 3.[1] Award No. 14/1992-1993 was passed for acquisition of the land admeasuring 2226 Bigha and 5 Biswa situated in village Kilokari. Award No. 18/1992-93 was passed for acquisition of land admeasuring 874 Bigha and 4 Biswas in village Khizrabad. Award No. 16/1992-93 was passed for acquisition of land admeasuring 2009 Bighas and 10 Biswas in village Nangli Razapur and Award No. 13/1992-93 was passed for acquisition of land admeasuring 1563 Bighas and 18 Biswas in village Garhi Mendu as set out in the Table below. Award No. Village Area Area of land acquisitioned by the Award Award NO. 13/1992-93 Garhi Mendu 1563 Bighas 18 Biswas Award NO. 14/1992-93 Kilokari 2226 Bighas and 5 Biswas Award NO. 16/1992-93 Nangli Razapur 2009 Bighas and 10 Biswas Award NO. 18/1992-93 Khizrabad 874 Bighas and 4 Biswas

4. Pursuant thereto, the notifications under Section 6 and Section 17 of the LA Act were issued on 22.06.1990 in respect of the acquired land at 9 villages being Madanpur Khadar, Kilokari, Behlolpur Khadar, Chuck Chilla, Okhla, Jogabai, Nangli Razapur, Khizrabad, Jasola and on 20.06.1990 in respect of village Garhi Mendu. The possession of the acquired land was taken in the year 1995.

5. The Award No.14/1992-93 was passed by the Land Acquisition Collector on 19.06.1992, for land admeasuring 2226 Bighas and 5 Biswa in village Kilokari whereby compensation or market value of the land was ascertained at Rs.27,344/-per Bigha was awarded to the Appellant for the acquired land [hereinafter referred to as “Kilokari Award”]. The LAC took into consideration sale deeds of the land executed during the years 1985-89 and took out the average value thereof at Rs. 18,736/-. In addition, it took into account an office order no. F.9(20)/80-L&B/4313-16 dated 03.05.1990 [hereinafter referred to as “Office Order of 1990”] which came into force from 27.04.1990 and after working out a pro-rata discount, it valued the acquired land at Rs. 27,334/- per Bigha for the land at village Kilokari.

6. The LAC similarly assessed the value of the land for the villages Khizrabad, Nangli Razapur and Garhi Mendu and passed three separate awards assessing the market value of the land of these villages at a uniform rate of Rs. 27,334/- per Bigha. The reason as assigned by the LAC for the uniform rate was that the purpose of acquisition of all land was the same and all villages were adjacent and contiguous to each other. The village wise details of the four awards are set out below: Award No. Name of Village Kind of Land 14/1992-93 Kilokari Sailabi 18/1992-93 Khizrabad Khadar 16/1992-93 Nangli Razapur Khadar 13/1992-93 Garhi Mendu Flooded land

7. Subsequently, by virtue of a notification under Section 48(1) of the LA Act dated 25.01.1995, lands admeasuring 1430 Bighas and 10 Biswas in village Kilokari, Behlolpur Khadar, Nangli Razapur and Chuck-Chilla stood de-notified by the LAC. The reasons as set out by the LAC in its order dated 05.11.2004 for de-notification, was that the lands admeasuring 1430 Bighas and 10 Biswas were submerged or prone to be submerged, and hence were de-notified.

8. In the meantime, being dissatisfied with the low assessment of the market value of the land by the LAC, a reference was filed under Section 18 of the LA Act before the learned Reference Court on 13.07.1992 to submit that the present market value of the acquired land is about Rs.10,000/- per square yard and the acquired land does not form part of riverbed and that large portion of land of village, Kilokari was acquired in the year 1959 wherein the LAC assessed the market value of the land at Rs 26,000/- per Bigha at that time. It was contended that LAC assessed the market value of acquired land, without taking into account the prices of land and their enhanced value during the period of 30 years between 1959 and 1989, and without considering the prevailing market rate of the area.

9. The Reference Petitions were filed in relation to villages at Kilokari, Nangli Razapur, Khizrabad and Garhi Mendu before the learned Reference Court. The learned Reference Court in terms of the judgment passed in LAC No. 18 of 2005 titled ‘Attar Singh v UOI’ [hereinafter referred to as “Attar Singh case”] pertaining to village Khizrabad, allowed the Reference Petitions by an order dated 25.09.2006. The learned Reference Court relying upon the judgment of Tindey & Ors v UOI & Anr,[1] [hereinafter referred to as “Tindey case”], increased the compensation awarded to Rs.89,600/- per Bigha. 9.[1] Similarly, the Reference Petitions filed in relation to land in the revenue estate of village Kilokari were decided. The lead matter for the village Kilokari is LAC No. 1/2003 titled ‘Bed Ram v. UOI & Anr.’ [hereinafter referred to as “Bed Ram Reference Court case”] whereby the compensation was increased by the learned Reference Court to Rs. 89,600/per Bigha by a judgment dated 19.06.1992 based on the judgment in the Attar Singh case and the Tindey case. 9.[2] In respect of Petitions filed for the land acquired at village Nangli Razapur, the learned Reference Court in LAC No. 2/1998 titled ‘Bhopal Singh v. Union of India & Anr.’ by a judgment dated 29.08.2007 [hereinafter referred to as the “Nangli Razapur Reference Court Judgment”], relied upon the Attar Singh case and the Bed Ram Reference Court case to award compensation of Rs. 89,600/- per Bigha. 9.[3] So far as concerns the village Garhi Mendu, the learned Reference Court by a judgment dated 26.07.2007 passed in LAC No. 96/1 of 2006 titled Khazan Singh v. UOI [hereinafter referred to as “Khazan Singh case”] relying on the judgment of Smt. Chawli Devi (Deceased) through her LRs v. UOI & DDA being LAC No. 334/1 of 2006, similarly enhanced the market value of the acquired land from Rs. 27,344/- per Bigha to Rs. 1999 SCC OnLine Del 1070 90,102/- per Bigha.

10. As stated above, the learned Reference Court enhanced the market value of the acquired land in all villages – Kilokari, Nangli Razapur, Khizrabad to Rs.89,600/- per Bigha and for Garhi Mendu Rs. 90,102/- per Bigha. The other antecedent directions such as solatium and interest were also awarded by the learned Reference Court. Aggrieved by this award, the Appellants filed the present Appeals before this Court. By a judgment dated 07.06.2011, a Coordinate Bench of this Court decided a batch of Appeals, including LA APP. 59/2007 captioned Bed Ram v. Union of India & Anr. [hereinafter referred to as “Bed Ram case”] which was the lead matter to hold that the fair market value of the land acquired in three villages of Kilokari, Khizrabad and Nangli Razapur as set out by the learned Reference Court was correctly determined at Rs.89,600/- per Bigha. The Coordinate Bench thus dismissed the batch of Appeals including the present Appeal. 10.[1] By a separate order dated 07.06.2011 also, the Coordinate Bench of this Court decided the batch of Appeals including LA. APP. 1038/2008 captioned UOI. v. Khazan Singh & Ors. in respect of village Garhi Mendu, and revised the compensation awarded by the learned Reference Court to Rs. 89,600/- per Bigha, as in the cases of village Kilokari, Nangli Razapur and Khizrabad.

11. The order(s) dated 07.06.2011, as corrected by order dated 22.07.2011 passed by this Court were challenged by the Appellant by filing a Special Leave Petition before the Supreme Court being Civil Appeal NO. 1939/2012 captioned Union of India v. Ram Lal & Ors. [hereinafter referred to as “SC Judgment”]. The Supreme Court by order dated 13.01.2015 passed two directions with respect to the matters in villages Kilokari, Khizrabad Nangli Razapur and Garhi Mendu. In the first instance, it was held that a Review Petition be filed before the High Court to permit the Appellant to produce additional documents, maps and awards before Single Judge within 30 days. The Court further held that if the Review Petition(s) were filed within 30 days, the Single Judge would consider the same without going into the question of limitation. The relevant extract of the SC judgment is set out below:

all basic civic amenities were available to the land. The Reference Court, while considering the contentions raised by the parties to the lis, took notice of the award of the LAC with regard to land situate in villages Khizrabad, Kilokari and Chak Chilla, dated 19,06.1992. By the said awards, the LAC had awarded compensation at the rate of Rs.27,344/- per Bigha along with statutory benefits, It was further noticed, by the Reference Court, that a reference had been, sought against the said awards, and consequently, taking into consideration the location, potentiality, nature, topography of the said land, the compensation was enhanced to Rs.89,600/- per bigha. xxx xxx xxx

2. In our considered opinion, these facts, as also the maps and relevant documents, may be brought to the notice of the High Court by the appellant(s)/petitioners herein by filing appropriate review petition(s) before the High Court within thirty days’ time from today.

3. If such review petition(s) is/are filed within the time granted by this Court, we request the learned Single Judge to consider the same in accordance with law, but without going into the question of limitation.