LA.APP./434/2011 of UNION OF INDIA & ANR Vs SUMAN DEVI & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP. 434/2011 & C.M.13717 /2011 (stay)

UNION OF INDIA ..... Appellants Through: Mr. Sanjay Pathak, Adv.

versus

SUMAN DEVI & ANR ..... Respondents Through: Mr. S.K. Yadav, Adv. for R-1. Mr. M.K. Singh, Adv. for R-2/DDA

CORAM: HON'BLE MS. JUSTICE HIMA KOHLI

/ \___:

ORDER % 01.09.2011

1. The appellant is aggrieved by the judgment dated 09.03.2011 passed by the Reference Court in respect of land situated in Village Holambi Kalan covered under Award No.33/2003-04 made on 03.03.2004 pursuant to notification issued under Section 4 of the Land Acquisition Act, 1894 ( for short 'the Act') on 22.08.2001.

2. Counsel for the parties jointly state that the present appeal is squarely covered by the judgment dated 23.08.2011 of a· co-ordinate Bench (Pradeep Nandrajog, J.) passed in batch of matters, lead matter being LAA No.266/2008 entitled 'Jai Singh vs. Union of India & Anr.' Learned counsel particularly draws the attention of this Court to the operative paras 74-77 of the aforesaid judgment, relevant portions of which are reproduced herein below:-LA.APP. 434/2011 Page 1 of 3.

Signature Not Verified

"Village Holambi Kalan Notification dated 22.8.2001

74. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is ~15.70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 22.8.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre comes to ~17,74,109/-, rounded off to ~17,75,000/­per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to ~18.2 lakhs per acre and further increasing by 2.5% the prices comes to ~18,65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 22.8.2001; the mean average price for Category 'A' lands in village Holambi Kalan comes to ~16,74,500/- per acre and decreasing the same by 2.5%, it comes to ~16,32,637.50 per acre for Category 'B' lands. Noting that the learned Reference Court has, without any reasons, done away with Category 'B' lands and uniform price awarded is ~16,43,811/-per acre, the price differential worked out by me comes to meager ~9,000/­per acre and thus qua Category 'B' lands I maintain the amount awarded by the learned Reference Court.

75. All. Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India in the appeals filed by land owners in respect whereof grid has been prepared and labeled as 'GRID-F' & 'GRID-G' hereinabove are dismissed.

76. All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Holambi Kalan pertaining to the notification dated 22.8.2001 in sum of ~16,74,500/- per acre and for Category 'B' lands the compensation awarded at ~16,43,811/- per acre is maintained and thus such appeals or cross references which pertain to Category 'B' lands are dismissed.

77. Pertaining to such appeal where the compensation stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost."

3. Counsel for the respondent No.1 submits that the appeal

preferred by respondent No.1 has already been decided along with other batch matters on the aforesaid date.

4. Accordingly, following the aforesaid decision dated 23.08.2011 in the case of Jai Singh (supra), the present appeal filed by Union of India is disposed of along with pending applications.

c=~ HIMA KOHLI,J

Page 3 of 3.

LA.APP. 434/2011

.. ------·

AND (GRID-A)

+ LA.APP. 259/2008, LA.APP. 264/2008, LA.APP. 265/2008,-LA.APP. 267/2008, LA.APP. 268/2008, LA.APP. 270/2008, LA.APP. 271/2008, LA.APP. 272/2008, LA.APP. 273/2008, LA.APP. 278/2008 -& CM APPL. 533872009 (Cross· Objections), LA.APP.

----(Relating to Notification u/s 4 dated 07.08.2000 & Award No .. 19/2002-03, Village-Pooth Khurd)

AND {GRID-B)

+ LA.APP. 972/2008 & CM _ 2349/2009 (Cross Objections), LA.APP. 1122/2008 & CM 2099/2009 (Cross Objections), LA.APP. 1150/2008 & CM 12216/2011 (Cross Objections), LA.APP. 1151/2008 &-CM 2345/2009 (Cross -Objections), LA.APP. 1152/2008 & CM 2102/200_9 (Cross Objections), LA.APP. 1153/2008 & CM - 2338/2009 (Cross Objections), LA.APP. 1154/2008, LA.APP. 1187/2008, LA.APP. 1188/2008, LA.APP. · 1189/2008, LA.APP. 1218/2008, LA.APP. 15/2009, LA.APP. 82/2009, LA.APP. 100/2009, LA.APP. 102/2009, LA.APP. 113/2009, LA.APP. 571/2009, LA.APP. 622/2009, LA.APP. 214/2011.

1154/2008, LA.APP. 1187/2008, LA.APP. 1188/2008, LA.APP. ·

(Relating to Notification u/s 4 dated 07.08.2000 & Award No. 11/2001-02, Village-Holambi Kalan)

AND (GRID-C)

+ LA.APP. 359/2007, LA.APP. 202/2007, LA.APP. 382/2007, LA.APP. 383/2007, LA.APP. 269/2008, LA.APP. 811/2008, LA.APP. 928/2008, LA.APP.-. 134/2009, LA.APP. i82/2009, LA.APP. 969/2010,

(Relating to Notification u/s 4 dated 07.08.2000 & Award No. 08/2001-02, Village-Bawana)

AND_ (GRID-D)

+ LA.APP. 144/2011, LA.APP. 145/2011 & CM 12911/2011 (Cross Objections}, LA.APP. 146/2011 & CM 12957/2011 (Cross Objecti6"-r15)"~ ·· - · · - --

----------------

-·--·--···

----· --· -~~---·

---- --·---=i.D-el~Hn-n-·_,._,o· V'-=~-0-UH~ L! M-r.+-ri=:-ra~n-~c I'IIUUIIL LIU . U!~ 4 da-+e· . IL 11--ng ~ .u ·' 2-nn" -v-v-u--a-~- - ~ ........ -.. ,.,. --fY-A 20/2002-03, Village-Khera Khurd)

-~----·--

-------

(Relating to Notification u/s 4 dated 02.05.2001& Award No. 24/2003-04, Village-Narela)

AND

(GRID~F) ~

+ LA.APP. 497/2008, LA.APP. 141/2009 & CM 5302/2010

(Cross Objections). .

{Relating~ to Notification u/s 4 dated 22.08.2001 & Award No. 18/2003-04, Village-Holambi Kalan)

AND (GRID~G)

~ + ~ LA.APP. 777/2.010 & CM APPL.3808/2011, LA.APP. 77812010 & CM 2686/2011 {Cross Objections), LA.APP. 779/2010 & CM 12966/2009 (Cross Objections), LA.APP. 213/2011, LA.APP. 261/2011, LA.APP. 326/2011, LA.APP. 327/2.011, LA.APP. 328/2011, LA.APP. 330/2011, LA.APP. 331/2011, LA.APP. 332/2011, LA.APP. 333/2011, LA.APP. 334/2011, LA.APP .. 335/2011, LA.APP. 339/2011, LA.APP. ~ 340/2011, LA.APP. 341/2011, LA.APP. 342/2011, LA.APP. ~ 343/2011, LA.APP. 350/2011, LA.APP. 351/2011, LA.APP. 365/2011, LA.APP.377 /2011, LA.APP.388/2011.

(Relating to Notification u/s 4 dated 22.08.2001 & Award No. 33/2003-04, Village-Holambi Kalan)

AND (GRID-H)

+ LA.APP. 391/2011, LA.APP. 404/2011, LA.APP. 409/2011.

(Relating to Notification u/s 4 dated~ 22.08.2001 & Award No. 15/2003-04, Village-Ali Pur)

AND

(GRID-I)

+ LA.APP. 481/2010

{Relating to Notification u/s 4 dated 22.08.2001 & Awara· No. 9/2003-04, Village-Holambi Khurd)

AND {GRID-J)

{Heiating to Notification u/5 4 dated 22.08.2001 & Award No.20/2003-04, Village-Rajapur Kalan)

AND (GRID~K)

+ LA.APP. 488/2008, LA.APP. 490/2008, LA.APP. 491/2008, LA.APP. 549/2008, LA.APP. 755/2008, LA.APP. 868/2008 & CM No.10393/2009 (Cross Objections), LA.APP. 896/2008 & CM No.5364/2010 (Cross Objections), LA.APP.- -897/2008;- l.A.APP. 1003/2008,- LA.APP. 587/2009, LA.APP. 591/2009, LA.APP. 34/2010 & CM No. 7072/2010 (Cross Objections}, LA;APP. 488/2010, LA.APP. .. 605/2010, LA.APP. 616/2010, LA.APP. 62/2011, LA.APP. 66/2011, LA.APP. 68/2011, LA.APP. 236/2011, LA.APP. 421/2011

(Relating to Notification- u/s 4 dated 07.12.2001 & Award No.17 /2003-04, Village~Sanoth)

AND (GRID-L) + LA.APP: 341/2008, LA.APP. 342/2008, LA.APP. 344/2008, LA.APP. 352/2008, LA.APP. 364/2008, LA.APP. 3'85/2008, LA:APP .. 387/2008, LA:APP. 445/2008, LA.APP. 454/2008, LA.APP. 464/2008& CM No.11333/2008 {Cross Objections}, LA.APP. 465/2008, LA.APP. 466/2008, LA.APP. 468/2008& CM No.11334/2008 (Cross Objections}, LA.APP. 469/2008, LA.APP. 470/2008, LA.APP. 471/2008, LA.APP. 560/2008, LA.APP. 561/2008, LA.APP. 611/2008, - LA.APP. 663/2008, - LA.APP. 676/2008, LA.APP. 678/2008, LA.APP. 679/2008, LA.APP. 681/2008,' LA.APP. 682/2008, LA.APP. 683/2008, LA.APP. 722/2008, LA.APP .. 731/2008, LA.APP. 754/2008, LA.APP. 786/2008, LA.APP. 825/2008, LA.APP. 826/2008, LA.APP. 842/2008, LA.APP. 850/2008, LA.APP. 853/2008, LA.APP. 883/2008, LA.APP. 903/2008, LA.APP. 904/2008, _ LA.APP. 924/2008, LA.APP. 935/2008, LA~APP. 937/2008, · LA.APP. 938/2008, LA.APP. 940/2008, LA.APP. 943/2008, LA.APP. 945/2008, LA.APP.-956/2008, LA.APP. 957/2008, LA.APP. 998/2008, LA.APP. 1001/2008, LA.APP. 1004/2002, LA.APP. 1007/2008, LA.APP. 1065/2008, LA.APP. 1077/2-008, · LA.APP. 1079/2008, LA.APP. 106/2009, LA.APP. 172/2009, . LA.APP. 309/2009, lA.APP. 374/2009, LA.APP. 464/2009,. LA.APP. 465/2009, LA.APP.·. 468/2009, LA.APP. 539/2009~ LA.APP. 546/2009, LA.APP. 547/2009, LA.APP. -565/2008, LA.APP. -624/2009, LA.APP. 628/2009, LA.APP. 630/2009, LA.APP .. 23/2010, LA.APP. 24/2010, LA.APP. 26/2010, LA.APP. 35/2010, LA.APP. 37/2010, LA.APP. 41/2010. -

(Relating to Notification U/s 4 dateci" 16.05.2002 & Award No. 29/2003-04, Villi~ge-Shahpur Garhi)

AND (GRID-M)

(Relating to Notification u/s 4 dated 23.05.2002 & Award· No.22/2003-04, Village-Shahpur Garhi)

AND

(GRID-N)

+ LA.APP. 485/2008, LA.APP. 498/2008 & CM 13228/2008 (Cross Objections), LA.APP. 1149/2008, LA.APP. 263/2009, LA.APP. 304/2009 & CM 13916/2009 (Cross Objections), LA.APP. 12/2011

(Relating to Notification u/s 4 dated 23.05.2002 & Award No. 16/2003-04, Village-Holambi Kalan)

AND (GRID-0)

+ LA.APP.379/2008, LA.APP. 381/2008, LA.APP. 390/2008, LA.APP. 494/2008, LA.APP. 499/2008, LA.APP. 530/208, LA.APP. 836/2008 & CM 5300/2010 (Cross Objections}, LA.APP. 310/2009 & CM 16027/2009 (Cross Objections), LA.APP. 782/2010, LA.APP.

··- ·-----183/Wl-0-;--(A:AP-P-; ~§R-Q-10, tA.AP.P;-9/2G11 & CM 9960/2011 ----~-(CrnSs--QqJe~t[on~)~---TA.APP. 58l?Gii~~:~~-5;APP. 289/2011. & CM · . 14850/2011 (Cross Objections), LA.APP. 290/2011 & CM 14852/2011 (Cross Objections), LA.APP~ 381/2011.

(Relating to Notification u/s 4 dated 23.05.2002 & Award No. 17/2004-05, VIllage- Ali Pur) .

AND (GRID-P}

(Relating to Notification u/s 4 dated 27.01.2003 & Award No.11/2004-05, Village-Sanoth)

AND (GRID-Q)

+ LA.APP; 336/2010 . & CM APPL.l4845/201,1, LA .. APP. 624/2010, LA.APP. 625/2010, .. LA.APP .. 626/2010, LA.APP. 627/2010 & C.M. No.3853/2011 (Cross Objections), LA.APP .. 629/2010, LA.APP. 630/2010, LA.APP. 642/2010, LA.APP .. 643/2010, LA.APP. 644/2010·, . LA.APP. 645/2010 & C.M.

LA.App.No.266/2008 & connected matters

CORAM: HON.BLE MR. JUSTICE PRADEEP NANDRAJOG

1. Whether the Reporters of local papers may be allowed to see the judgment? to see the judgment?

2. To be referred to Reporter or not?

LA.App.No.266/2008 & connected matters

-- r---

PRADEEP NANDRAIOG. t:

1. 10 villages; namely, Pooth Khurd, Holambi Kalan, Holambi Khurd, Bawana, Khera Khurd, Narela, Ali Pur, Rajapur Kalan, Shahpur Garhi and Sanoth are comprised in the Revenue . District (North-West} and if we see ·the map of the city of Delhi we would find that these villages lie in the North-Western part of Delhi. They lie wi.thin an area between the 'V' formed by Rohtak _ Road i.e. NH-10 and G.T.Karnal Road i.e. NH-1. The Delhi-Ambala railway line runs somewhat parallel to NH-1. Whereas · villages Narela and Shahpur Garhi are in between· the· railway line and .NH-1, the other village~ are on the opposite side of the · railway line i.e. towards the west of the railway line. Narela and Shahpur Gc:trhi are. towards the east of the railway line. The urbanized city of Delhi where the colony Rohini exists has beE;!n developed on the agricultural lands acquired post 1961 and is . situated in the land within the aforesaid 'V'. Bavvana lndustriai Estate came up on lands which were acquired post 199.6 and said Industrial Estate is also on the land within the aforesaid 'V'. ' . . Historically, except for village Narela, all villages have been· treated as equivalent with respect to their location.

2. The instant decision decides the issue as to what should be the fair market value of agricultural lands in the said villages as of the dates 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001; 7.12.2001, 16.5.2002, 23.5.2002 and 27.1.2003. Needless tq state, pursuant to notifications issued, from time to time; on .,.... aforesald-a-ates under Section 4 of the Land Acquisition Act 1894; vast tracts of land in said 10 villages were acquired arid s.ave .and_ except lands in the Revenue Estate of village Narela where the purpose of acquisition was partly residential· and partly industrial, in the other villages, acquisition was' for the purpose of establishing an industrial estate or laying down as of the dates 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001; 7.12.2001, 16.5.2002, 23.5.2002 and 27.1.2003. Needless tq state, pursuant to notifications issued, from time to time; on .,.... aforesald-a-ates under Section 4 of the Land Acquisition Act 1894; vast tracts of land in said 10 villages were acquired arid s.ave .and_ except lands in the Revenue Estate of village Narela where the purpose of acquisition was partly residential· and partly industrial, in the other villages, acquisition was' for the purpose of establishing an industrial estate or laying down

·--- --------'--·

road or freight . complex. The reason why such . ta:rge . tracts of lands were needed. was to set up an industrial estate pursuant to decision taken to shift all industries operating in non-conforming areas within Delhi to conforming areas. 3. I must highlight that arguments by learned counsel for the land owners were the same in all appe~Jsfiled by them as also cross-objections wherever filed, and similar is the position with respect to the stand taken by the Union of India. Save and . . except pertaining to village Narela, where an additional I . ' • . ' argument was advanced; being that, the township.of Narela hqd . . ~ existed since pre-partition days and thus lands in village Narela had better value and for which it was urged that way back in the year 1963 when lands in the revenue estate of village Narela _ and adjoining villages Bhorgarh and Mamurpur were acquired, : . . . . . . . lands in village Narela were given price advantage of "{2/'" per sq.yd. vis-a-vis the price determined for lands in village Bhorgarh and Mamurpur. I must further highlight that learned counsel conceded that village Narela and Mamurpur comprised the same· revenue estate; with the market i.e. Mandi being in village Narela and the village abadi being in Mamurpur.-

4.. The position of the awards made from time to time and ·the relatable notification under Section 4 of the Land Acquisition Act 1894 have been detailed by me while noting the various Land Acquisition Appeals and the Cross Objections as per the ---.. ·---···· .. ----------··· index hereinabove and thus I need not repeat the same. 5. perusal of all the awards announced from time to tLl.i~m.u;e~w~oA'.~-~-IId...._ reveal that the learned -Laru:LAcquisition Collector has determined compensation payable with reference to ---------·· notifications/orders issued by the Government of NCT Delhi from time -re time notifying the minimum rates for agricultural lands in Delhi and wher~ver it was found that due to land owners having excavated earth resulting in pits having depths between. LA.App.No.266/2008 & connected matters Page 14 of74

4' to" 6', the land value has been appropriately depressed and this -is to be found in feW awards where lands have been . put in . 2 or 3 categories· ~:-e-. Category 'A', Category 'B' and Category 'C'.

6. perusal of the various decisions pronounced ·by the Reference Court in various Land Acquisition References made, would show that the learned Reference Court has ·determined fair market value on different principles and for purpose.s of clarity . I may note the basis on which the learned Land Acquisition Collector a~d the learned Reference Court have · determined the compensation payable. The same would be as under:-

A. Pertaining to the notification dated 7.8.2000 issued urnief-- Sectioo 4- of the Land Acquisition Act 1894 pursuant whereto 1372.00.10 big.ha land was acquired in village Pooth Khurd, for the purpose of shifting industrial units,. as against ~13,82 lacs per acre for Category 'A" lands and ~12.26 lacs per . acre for Category '8' lands awarded by the learned Land--Acquisition Collector (by adopting the price as per the policy for minimum rates as of 1.4.2000), the learned Reference Court has adopted the same rate i.e. ~13.82 lacs per acre and has granted increment at the rate of 12o/o per annum for the period 1.4.2000 till 7.8.2000 i.e. the date of the notification issued u·nder Section-4 of the Land Acquisition Act 1894 and thus determined fair market value of land in village Pooth Khurd at 14,37,280/- per acre anct·nas ignored that there was Category 'B' land for which he had to make nec:essary adjustment.

B. Pertaining to the same notification dated 7.8.2000 pursuant whereto 211.14 bigha land was acqujred in village· Holambi Kalan, the Land Acquisition Collector treated the land as of same character and determined fair market value with reference to the policy for minimum rates in sum of ~13.82 lacs LA.App.No.266/2008 & connected matters-PagelS of74

per acre which has been enhanced by the learned Reference -·-Court to t14,12,995/- per acre by relying upon decision of Division Bench of this Cow t 'ep01ted as 2006 (Vlf Ab betrn--1:-3 Gairai Vs. UO/wherein for the date 15.11.1996 fair market value determined was t9,76,121/- per acre for Category 'A' lands and treating the said date and the said price as the base, giving 12% per annum appreciation for period of 3 years, 8 munthsand 23 days, to reach the date 7 .8.2000, fair market value has been determined.

C. Pertaining to the same notification -dated 7.8.2000 -. pursuant whereto agricultural lands iq village. Bawana were · acqwred, the Land Acquisition Collector determineo fair market · value for Category 'A' lands, with reference to the policy and fixed the same at ~13.82 lacs per acre for Category-'A' lanqs and ~12.62 lacs per acre for Category 'B' lands. The learned Reference Court maintained the same.

D. Pertaining _ to the notificatio-n dated 11.9.2000 pursuant whereto agricultural lands in village Khera Khurd were acquired for -shifting industrial - units, the Land Acquisition Collector has, for Category 'A' lands determined fair market value, with ref~rence to the policy effective from 1.4.2000 in sum of ~13.82 lacs per acre and for Category 'B' lands has fixed the same at ~12.62 lacs per acre. The learned Reference Court has adopted the policy wherein minimum price fixed as of 1.4.2000 was ~13.82 lacs per acre and for -128 da_ys i.e. the number of days --between 1.4.2000 till 11.9.2000, appreciati:n_g the same by 12% has determined fair ·market value at ~14,40,157/- and has uniformly awarded the same for all lands .. _ E. Pertaining to the notification dated 2.5.2001 pursuant whereto 1140.5.8 bigha land was acquired in Narela for de\(elopment of sectors 1 to 4, Phase I, Narela, with respect to ( the policy of minimum price with effect from 1.4.2001 the LA.App.N6.266/2008 & connected matters Page 16 of74

learned Land Acquisition Collector determined fair market value i_n sum _()f ~15. 7 lacs per acre for Category 'A' lands i.e. the -same price notified as of 1.4.2001 and for Category '8' .lands determined the sa.me at _ ~14 lacs --- per·a-~ ---- The learned Reference Court adopted the minimum price notified by the Government as of 1.4.2001 and gave appreciation for period __ of 1 month for the reason the notification under Section 4 of the -Land Acquisition Act 1894 is dated 2.5.2001 and enhanced the compensation to ~15,85, 700/- per acre which has· uniformly awcrraed.-

f~------------ ____ Pertaining to __ _Jhe notifi~ation dated 22.8.2001 whereunder 512.16 bigha land in village Holambt Kalan were acquired for construction of 100 meter wide road, the learned._ Land Acquisition Collector has rested his decision on ·the minimum price notified as of 1.4.2.001 i.e. ~15.7 lacs per acre which has been held to be the fair market value for Category 'A' lands and for Category '8' lands the same has been determined at .~14 ·lacs per acre. The learned Reference Court, with reference to the minimum rates notified as of 1.4.2001 i.e. ~15.7 · lacs per acre has appreciated the s~me by 12% per annum for 143 days and the price so fixed is ~16,43,811/- per acre which has been uniformly awarded.

G. Pertaining to same notification dated 22.8.2001 pursuant" whereto 512.16 bigha iand was acquired in village Alipur, on the same reasoning which has been adopted· for - village Ho~ambi Kalan, for the two categories of l'and same compensation as determined for village Holambi Kalan has Qeen worked out by the learned Land Acquisition Collector as also by . the learned Reference Court w~o has done away with -cat-eg-orization. --------- ------------- --- -

H. Pertaining to the same notification dated 22.8.2001 __ pursuant whereto 192.15 bigha of land was -acquired in village LA.App.No.266/2008 & connected matters Page 17 of74

Holambi Khurd, the reasoning of the LAC and the learned Reference Court and the price determined ___ is the same as has been determined for village Holambi Kalan save and except that · in this village even the LAC has treated all lands in the same uniform category.

I. Pertaining to the same notification dated 22.8.2001 pursuant whereto agricultural lands in village Rajapur Kalan were acquired the reasoning and the fair market value determined by the learned LAC and the learned Reference Court is the same as adopted for village Holambi Kalan, Holambi Khurd and Ali pur save and except in this village the acqljired land was_ of uniform category.

J. · Pertaining to the notification dated 7.12.2001 pursuant whereto 222.05 bigha land was acquired in village Sanoth for laying 80 meter approach road to Narela township, the learned Land Acquisition· Collector has assessed . compensation uniformly in sum of ~15.7 lacs per acre which is the same as per the policy for minrmum price w.·e.f. 1.4.2001 and the learned Reference Court has adopted the same price and given· appreciation for 250 days at the rate of 12% per annum to reac~ the figure of~l6,99,042/- per acre.

K. Pertaining to the notification dated 16.5.2002 pursuant . whereto agricultural lands in village Shahpur Garhi were acquired, the learned Land Acquisition Collector has determined compensation in sum of· ~-tacs-per acre which is the minimum price notified by the Government as of 1.4;2001. The learned Reference Court has . simply . held that the land owners . ' ' would be entitled to enhance compensation at the rate of 11.~5o/o per annum compounded. I may highlight that ·the learned Reference Court has not worked out the compensation and has left ·it to the Executing Court to do so, however I find that the enhanced compensation . which would work out would be LA.App.No.266/2008 & connected matters Page l8 j;' of74

~17, 75,369.44 per acre for the reason treating the base date as 1.4.2001 and theoase pnce ·at ~15.J lacs, for-1-year-arid 45 days to reach the date 16.5.2001, appreciation would be at the rate of 11.5% per annum compounded as per the learned Additional Sessions Judge.

L Pertaining to the notification dated 23.5.2002 pursuant whereto agricultural lands in village Shahpur Garhi were acquired the learned LAC and the learned Reference Court have determined same compensation as per the reasoning _ pertaining to the same village for the notification dated 16.5.2002 and 1-find that since ~there i.s gap of 7 days in the two notifications, the compensation· payable as per the decision of the Reference Court comes to ~17 ,79, 781.78 per acr:e.

-~-----,--·-IJ~JJ~. ------Pertaining -to--the same notification dated -r-3.5.2002 ---

pursuant whereto 445.81 bigha land in village HoJambi Kalan __ WC)S a~quired, ~~e learn~d LAC _bas determined f~ir_market value in sum of~15. 7 lacs per acre which is the same as per minimum price w.e.f. 1.4.2001. The learned Reference Court has adopted the same reasoning as was· adopte-d while determining the fair market value of lands in village Holambi Kalan_ which were_ ·acquired pursuant to the notification dated 7.8.2000 i.e. adopted the price determined as of 15.11.19~6 in the deCision in Gajrats case {supra} -and appreciating- the same by 12% compounded per' annum the price determined is ~22,14,239/- per acre.

N. Pertaining to the same notification dated 23.5.2002 -I pursuant whereto 814.19 bigha agricultural land in village Ali pur_-yv~r~ acquired ·the learneg ____ ~~-f!q ___ Acql:Jisit!on __ ~_91lector has awarded compensation at the rate of ~15. 7 lacs per acre based on -the minimum price as of 1.4.2001, which price has been adopted as the base by the learned Reference Cqurt and ------. after -granting appreciation at the rate of 12% per annum w.e.f.

1.4.2001 till 23.5.2002, the price determined is ~17 ,85,240/- per

acre. o~--Pertaining tcr· the notification dated . 27.L2003 pursuant whereto 3092.04 bigha .land in village Sanoth ·.an~ · · ~188.03 bigha-+and in village Raja pur Kalan ·were acc:tuired,. the learned Land Acquisition Collector, resting his reasoning on the minimum price notified as of 1.4.2001 fixed the same value as the compensation payable for Category 'A' lands in both villages i.e. ~15.7 lacs per acre and for Category 'B' lands in sum of~14 lacs per acre and for Category 'C' lands in sum of ~12.3 lacs per --acre. The learned Reference Court has adopted different reasoning in some impugned decision and different in few. In some decisions the learned Reference Court has adopted the minimum price in sum of ~15. 7 lacs per acre-as ofil.-4-;?001 and . , appreciating. the same by 12% per annum for peri,od of 666 days has fixed fair market value at ~19,13, 765/- per acre which -.. has been uniformly awarded and in some references pertaining to the village Rajapur Kalan, the learned Reference Court has determined the fair market value with reference to sale deed 'Ex.R-2' which is dated 20.5.2002 and whereunder 1 bigha and 13 biswa of agricultural land comprised in Khasra No.200 in the revenue estate of village· Raja pur Kalan was purchased for ~5,39,690/-. 7. Since the learned Land Acquisition Collector as ·also the learned Reference ·court have relied upon the n·otifications · issued from time to time by the Government of NCT Delhi, fixing minimum price for agricultural lands in Delhi, let me therefore note the dates and the minimum rates notified from time to tim.e . pertaining to agricultural lands in Delhi since the same would be relevant for the present decision. The same would be as under:---------·-·

8. From the tabulation hereinabove noted it would be apparent that after minimum - price was las_t fixed \1\(.e.f; 27.4.1990 in sum of ~4.65 lakhs/acre it was increased after . nearly 7 years to ~10 lakhs/acre and the annual incr:ea·se comes _ to 11.5% per annum (simple). The next year i.e. w.e.f. 1.4.1998 -the price was enhanced by 11.2% to r~ach the figure of ~11.2 lakhs/acre and thereafter w.e.f. 21.11.2000 the price was enhanced to-~12.32 lakhs/acre, which notification was superseded, inasmuch as when the notification dated 9.8.2001 was issu~d the price was retrospectively enhanced w.e.f. 1.4.1999 to ~12.16 lakhs/acre i.e. the price increased by 11 o/b ... . -per ------ ----------------------annum -with ---reference --to the price . -determined -as of 1.4_.1998-and ___ vide_ same notification_:__ _ _the__: ___ _price was retrospectively enhanced w.e.f. 1.4.2000 to ~13;82 lakhs/acre i.e. increased by 11% per annum. vis-a-vis the previous i.e. ~12.16 lakhs/acre and w.e.f. 1.4.2001 the price rose by, 11.5% per annum vis-a-vis the previous price of ~13.82 lakhs/acre to

-__________ '--,---________ _ ________ _ _

'--,---________ _ ________ _ _

--·· ----·-

-----·· ----·--__________ '--,---________ _ ________ _ _ ~~h ~~ _ figure- :_of _ ~15~~-lakbstacre: ----The:_ pric-e was next -enhanced w.e.f. 30.8.2005 to ~17.584 lakhs/acre which gives us· an increase of only 2 .98o/o per annum and then the price rose to ~53 lakhs/acre as of 18.12.2007 i.e. increased- 89.51% per annum w_ith reference to the base figure of ~17 .584 lakhs/acre-and the date 30.8.2005. 9. Before _noting the evidence retied upon by the land owners and Union of India ·before the learned Reference Court, it would be beneficial for the reader of the present decision, as I feei, that arguments advanced on either side may be noted. I would highlight that from the side of the land owners, each argument was in the alternative and it was urged· that they would be entitled to price determination as per the first . argument, failing which as per the second argument, failil)g " which as per the third argument and so on. From the side of Union of India it was urged that the land price fixed by the learned Reference Court pertaining to . -the notification . dated 7.8.2000. for village Pooth Khurd; the notification dated 22.8.2001 for village Holambi Kalan; the notification dated 7.8.2000 for village Bawana; the notification dated 11.9.2000. for village Khera Khurd; the notification dated 2.5.2001 for village Narela; ·and the notification dated 22.8.2001. for village Ali Pur; and the notification dated 27.1.2003 for village Raja pur Kalan and Sanoth treats as if ·all lands ·were of uniform character and it wasJ![ged that correcthLe_action is_r_e_quiced by doing 2 things. Firstly, with reference to the minimum price notified by the Government from time tq __ !l!!1e!_J1.5%o_increase per annum and 1 '"HW ..... c:u-osru'H '""'-·increaSe WClS eXCeSSiVe--With reference tO the . Q.§tes_ of the notifications under Section 4 of the Land Acquisition Act 1894; reqi.Hrihg the same to be reduced to 10% per annum ·n1- tne -reast:-5econdly, the learned Reference Cc;>urt was not justified in treating all lands as of the same character and thus LA.App.No266/2008 & connected matters Page 22 of74

requiring further correction by suitably depressing the price for-such lands which were put in Category '8' anq Category 'C' by the Land Acquisition ·c:·o-llector and in respect of which categorization it was urged that neither land owner had challenged the same by leading evidence to the contrary i.e. to _ show that such lands which were put in Category '8' and Category 'C', on account of pits and depressions of various depths, as per the awards passed. by the Land Acquisition Collector was incorrect.

10. Learned counsel for the land owners firstly urged that the learned Reference Court was not justified in ignori·ng the 2 sale deeds dated 25.3.2000, Ex.PW-1/3, in Land Acquisition Reference which is subject matter of LA.APP.No. 780/2010 as atso ttre-·:sa-te··ueetl ctared 25.4.2001, Ex.PW-1/2, in the same LA.Appeal. ·Vide sale deed Ex.PW-1/3, 33 bigha and 12 biswa agricultural land in village Mamurpur was sold @ ~26. 75 lakhs/acre and as per the sale deed Ex.PW~1/2, 2 bigha and 19 biswa of land was sold in . the revenue estate -of village Khera Khurd for sum of ~32.4 lakhs and adding on the stamp duty paid and corporation tax it was urged that per acre land price as of 25.3.2000 under Ex-.PW-1/3 would be ~28.89 lakhs/acre and pertaining to the sale deed Ex.PW-1/2 the land price would be ~63.478 lakhs/acre. It was thus urged that the s~id 2 sale deeds_ would be good evidence to determine the fair market Vi3lue of agricultural lands in the aforesaid 10 villages as of 7 .8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7.12.2001, 16.5.2002, 25.5.2002 and 27.1.2003 i.e. the 8 dates on which notifications were issued under Section 4 of the Land Acquisition Act 1894 by suitably increasing or decreasing the price. As an extended limb of this argument; pertaining to village Narela, it was· urged that _ the price needs to be suitably enhanced and for which learned counsel submitted that the same should be at least 10% more

Page 23 of74

LA.App.No.266/2008 & connected matters

: ! _L __ i

and for which the argument was that when in the- __past.---- ____ · pertaining to notification issued on 30.10.1963 under Section . 4 of the Land Acquisition Act 1894, the Reference- coi1rt ·had given said benefit to agricultural lands in . village Mamurpur-Narela by. giving a. price benefit of 't2/- per sq;yd.. This was upheld by the Supreme Court in its decision dated 6.8.1987 in C.A.No.4405/1997 UOI vs. Dharambir & Ors. The said decision would reveal _that the price per bigha in _ sum of 't6,650/-determined by .the Land Acquisition Collector was enhanced to 't16, 750/- per bigha by the Reference Court which was enhanced to 't22,000/- per. bigha by this Court and the deciSion of this Court was reversed by-the Supreme Court and the one rendered . · by the Reference Court was restored.

11. · Learned counsel for the land owners seconply urged, in the alternative to the first, that the learned Reference Court, having accepted that due to Bawana Industrial Estate, Narela Residential Scheme and Rohini Residential Scheme having resulted in areas around the acquired lands being urbanized and-developed into residential and industrial estates, had resulted in the subject lands having acquired building potentiality,. required fair market value to be determined with respect to the price at which DSIOC ~ and DDA .i.e. ' the implementing agencies, . which acted as the Nodal Agencies for development of Rohini Residential Scheme and Bawana Industrial Area, sold developed land in the Rohini Residential Scheme and Bawana Industrial Estate and for which learned counsel took me through the ·evidence led and as noted by the learned Reference Court, ·which I would be noting hereunder while dealing with the submission urged. ·

12. Alternative to the second submission, being the third submission, it was urged that as held by Division Bench of this Court in the judgment reported as 2001 {.93) DLT 150 Bedi Ram . LA.App.No.266/2008 & connected matters Page 24 of74

vs. Union of India, it was permissible to determine fair market value of acquired lands with reference to the fair market value determined by Courts at an earlier point of time by giving suitable increase in the market value of the land by percentages ranging between 6% per annum to 12% per annum for different periods. Sh.I.S.Dahiya, learned counsel for some of the land owners handed over chart, worked upon by learned counsel, with reference to the decision in Bedi Ram's case (supra) as per which price increase per annum till 30.3.1965 had to be @ 6% per annum with reference to the base price ~16, 750/- per bigh~ as of 30.10.1963 i.e. the price affirmed by the Supreme Court in Dharambir's case (supra) and thereafter @ 10% per annum till 31.3.1973. and thereafter @ 12% per- annum till the various dates wnen the 8 notifiCations under Section 4 ·of the Land Acquisition Act 1894 were issued from time to time; and with which l_am_concerned. in _ _tb_e pr~sent_appeals. So worked out, learned counsel highlighted that as of 27.1.2003 the fair market value would ·come to ~56,88, 759/- per acre and I may highlight that learned counsel had worked out as aforesaid for the reason he was appearing in such ·appeals where the price fixation has to be as of the notification dated 27.1.2003. Other learned counsel urged that on the same principle market value shouJd ·be · assessed for the preceding notifications dated 7 .8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7.12.2001, 16.5.2002 and 23.5.2002.

"'-·1 . -,

13. The fourth argument ·advanced was, and for which . -ref-er-ence was made by learned counsel for the parties in the evidence led in LAC No.99/2005, which is subject. matter of 2 cross appeals i.e. LA.APP.No.268/2008 filed by the land owners ·--------,.and LA..APP.No.292/2008 . filed_by_ Union__..oflndia, that fair market . value should have been assessed on yielq basis by annualizing · the yield for period of 20 years and the evidence was the LA.App.No.266/2008 & connected matters Page 25 of74

testimony of Ram Kishan to the e_ffect that by selling agricultural·, • produce from his lands he used to earn f1 Jakh per bigha per -.-annum i.e. the falr market value as of 7.8.2000 i.e. the date of the notification issued under Section 4 of the Land Acquisiti_on Act 1894 was issued pursuant whereto the land of Ram Kishan ·and others were acquired. It was . thus urged that the fair market value as of said date should be f20 lakhs per bigha. 1 may highlight that the fourth argument was only projected by . · Sh.S.Chaturvedi, learned counsel who appeared for Ram K.ishan · and others i.e. the appellants _io LA.APP.No.268/2008 and the respondents in LA.APP.No.292/2008.

14. The fifth argument advanced was by Sh.T.P.S.Kang, Advocate who appeared in few matters and urged that for each of the notifica_tion in question the fair market-value ought to have been determined with reference to the· notification ----~w_,_,h~ich was .dos_e_st in point of time where under minimum land value was fixed by the Government and the notification dated . 24.1.2008 where under f53 lakhs per acre was the minimum price fixed as of 18.12.2007; the mean average principle to be adopted was the precise argument.·

15. The last argument, which was in the alternative to the first 5, pertained to the notification dated 27 .1.2003, dealing wit~ which, in some References the learned Ref~rence Court had, with reference to sale deed dated 20.5.2002, where under 1 bigha and 13 biswa of land comprised in Khasra No.200 (1-13) in the revenue estate of village Rajapur Kalan was sold for f5,39,690/-, determined the fair market value as per the said sale deed in the following; words: (_Refer para 17 of the decision dated 7.1.2010 . in LAC No.117A/2009): "If we add stamp . duty in . the sale price 3~ 69~ 9061~ _per bigha ({ 5,3._91 6fl(JL:_:_-t . 70,160. = ·. 6,09,850 for 1 bigha and 13 biswa) which comes.to'{11,74;109!-per acre or t3,68,906!- per ·bigha. Furthet il we give 12% LA.App.No.266/2008 & connected matters Page 26 of74

r '"---'-

increase on said amount for intervening period between the· date when the sale deed was executed and the date of ---- 'notificatioo u/5 4 (20.05.2002 to 27.01.2003) i.e. 8 months it comes .... to '{19,16,0371- (round off'{19,16,040/-)." - ···-------··-. The argument was that if we look at the award relatable to the said acquisition. i.e. Award No.10/DC(NW)/2004-05, it would reveal that the award pertained to 2188 bigha and 3 biswa land of which 1922 bigha and 18 bisw~_!~_~d wa? put in_~9.!~g-~_'}' 'A', 45 bigha and 2 biswa in Category 'B' and· the remainder 220 bigha and 3 biswa in Cat~_go~y_'C'. The subject sale deed clearly referred to. the land being comprised in Khasra No.2UOand thaL p-age No.56-57 or the award . would evlaente -llicRiarftf -comprised in Khasra No.200 ad-measuring 1 bigha and 13 biswa was placed in Category 'C'. Whereas the Land Acquisition Collector had determined fair market value as of the date of the notification i.e. 27.1.2003 in sum of '{15.7 lakhs per acre based upon the notification dated · 9.8.2001 where under said price had been fixed as the minimum price as of 1.4.2001, and t~ereafter had depressed the same by ~1.7 lakhs per· acre for Category 'B' lands, fair market value determined whereof was '{14 ·lakhs per acre and further depress the same by another ~1. 7 lakhs per acre for Category 'C' lands, fair market value determined whereof was ~12.3 lakhs per acre. · It would be apparent what the argument was. The argument precisely was that if the market value had to be determined with respect to the sale deed in q·uestion, the same had to be for. Category ·c· lands and for Category 'B' and Category 'A' lands the price had to be increased by ~1.71akhs per acre for each category. 16. 1 have already noted hereinabove the arguments which were advanced by Sh.Sanjay Poddar, learned senior counsel who --· -···-····----·--····------appeared for the Union of India and the same are reflected_. in para 9 above and hence I need not repeat the same.

Page 27 of74

LA.App.No.266/2008 & connected matters

17. In various sub-paras of para 6 hereinabove, I have - capsuled the reasoning of the .learned Land Acquisition Collector and the learned Reference Court pertaining ·to--the 8 notifications issued under Secti_~n 4 of the Land Acquisition Att 1894 _ and relatable to the 10 villages and thus I commence my journey to deal with the arguments advanced keepi~g in view the facts noted as also the ·reasoning of the learned Land Acquisition Collector and the learned Reference Court as per various sub-paras of para 6 above. 18. But before dealing with ·the arguments I need to highlight various anomalies which strike the reader at the outset. The same wourd be:-A. ·Pertaining to the notification dated 7.8.2000 wherein lands were. acquired in village Pooth Khurd, for Cate.gory 'B' lands, having depressions and pits, deduction effected vis""a-vis the price for Category 'A' lands is tl.56 lacs per acre and pertaining to the notification dated 11.9.2000 where price' has been determined for agricultural lands in village Khera Khurd, satfl price- diff-erential has been worked out at ~1.2 lacs per acre and while deteqnining fair market value for agricultural lands in village Narela which were acquired pursuant to the notification dated 2.5.2001 the deduction effected is tl. 7 lacs per acre, which is the same figure adopted when fair market value of agricultural. land in village Holambi Kalan was determined as of the date 22.8.2001. Pertaining td _the __ DQtifi~_ation dated 27.1.2003 and relatabie to vil1age Sanoth the price differential on said count has again been taken at ~I. 7 lacs per acre to inter se differentiate the . .price between Category 'A', Category 'B' and· Category · 'C' lands. In. other words, the price differ~ntial has varied between tl.2 lacs per acre, 1.56 lacs per acre and tl. 7 lacs per acre.

LA.App.No.266/2008 & connected matters

·- :..... .... _

The learned Land_Acq~isition Collector has C)dopted the

minimum price notified closest in point of time to the date when ' Section 4 notification was issued without appreciating the land price with reference to the date of the Section 4 ·notification i.e. no benefit of price rise for the intervening period has been given.

(:-;----~---The learned Reference Court hasuadopted the minimum price notified aQd has given appreciation ranging between 11.5% per annum and 12% per annum and in some cases has compounded the same and in some given said benefit at the simple rate.

D. Pertaining to village Holambi Kalan .. where acquisit•ons were made pursuant to the notifications dated 7.8.2000 and 23.5.2002 the learned Reference Court has adopted the price determined by this Court in · ' Gajra/s case (supra) as . of 15.11.1996 and has given appreciation at the rate of 12% simple per annum for the former notification and at the rate of 12% compounded per annum for the latter.

E. Whereas for the notification dated 27.1.2003 the learned Reference Court, in. some references has determined the fair market value with reference to the minimum price notified as of 1.4.2001 . and has given appreciation, in some cases has determined the fair market value based on the sale deed dated .20.5.2002.

Whereas for the notification dated 27.1.2003 the

F. Wherever the learned Land Acquisition Collector . has classified lands in Category 'A', 'B' and 'C' reasons thereof have classified lands in Category 'A', 'B' and 'C' reasons thereof have ..--·-peen g1ven m the award but the learned Reference Court, while · ---awafOTrYffW1iform·contpensation, has -g,ven no reasons as to why it was treating all lands to be of same character and__Q_uallty. · it was treating all lands to be of same character and__Q_uallty. ·

19. Since I am dealing with acquisitions in 10 villages and· 8 notifications issued under Section 4 of the Land Acquisition- Act 1894, I think it advisable to put in tabular form the relevant LA.App.No.266/2008 & connected matters Page 29 of74

tabular form the data would be as under:-

r \\...____

20. I now propose to deal with the 6 submissions urged by learned counsel for the land owners and ·the 2 -submissions ·-··- ·-- ·----------- ··--· urged ~y the Union as noted in paras 10 to 15 hereinabove (pertaining to the land owners) and para 8 above (pertaining to Union of India).

21. The first argument is predicated on the 2 sale deeds, Ex.PW-1/3 which is dated 25.3.2000, and the sale deed Ex.PW-1/2 which is dated 25.4.2001. As per the former, fair market value for the former comes to ~26.75 lakhs per acre and the latter @ ~63.478 h:~khs per acre. The learned Reference Court .has rejected the 2 sale deeds as reliable evidence to determine fair market value of agricultural lands, for all the villages in question on the reasoning that the sale deed Ex.PW-1/3 was purchased by religious trust by the name of 'Radha Swami Satsang' and Suraj Bhan PW-6 who had tendered the sale deed in evidence, while deposing in Court in LAC No.68/2005 had stated that to his knowledge the land was purchased _for religious purpose and was being used for religious purpose. The sale deed Ex.PW-1/2 has likewise been held not to be reliable evidence to determine fair market value of agricultural -lands on the reasoning it was purchased by Non Government Organization "Christian Organization" and as per the testimony

LA.App.No.266/2008 & connected matters

of PW-7 Sister Annie, the secretary of the organization stated that the organization had to pay the -price for the said piece of land as it was the only plot of the. requisite size suitable for the requirement of the organization and is being used for destitute women i.e. there was· special circumstance, personal to the vendee.

22. As held in the decisions reported as 1995 (1) SCC 717 Land Acquisition Officer Eluru & Ors. Vs. /sti Rohini& Anr. (Refer - . . para 6) and 2009 (14) SCC 369 Mohd. Raufuddin Vs. Land · Acquisition Officer (Refer para 13) ·sale transactions evidenced in sale deed which are tendered in evidence by virtue of Section · 51A of the L.A.Act 1894 have not to be ipso facto treated as an exemplar sale deed to determine the market value of land in an a=r'-"e=a"---'--'fo=-=-r--'the reason there may be special. circumstances which have led the buyer .. to pay higher price. The true test is the price which well informed willing buyer would pay -to an equally well informed seller wfthoutbeing influenced by any . special circumstances or the fancy to buy particular piece qf · land. An informed buyer would _be one who has studied the market and has apprised himself of all available land in the area; has understood the topology of the area and the prevailing prices. If buyer has fancy for particular piece of land, he may pay much higher price and this would not be good index of fair market value of the lands in the area. I would be failing if I do not highlight that the Union of India had relied upon ~ the sale deed dated 20.5.2002, which ·was accepted by the learned Reference Court pertaining to the notification dated --------··---27.1.2003 where-under agricultural land in village Raja pur Kalan was sold by an agriculturist to an agriculturist for much lesser price i.e. ~17,74,109/- per acre as against the price which comes-· ~63.478 lakhs per acre for Ex.PW-1/2 and ~28.89 lakhs per acre for Ex.PW:..1/3. The 2 sale deeds Ex.PW-1/2 and Ex.PW;..1/3, LA.App.No.266/2008 & connected matters Page 33 of74

-------to ~63.478 lakhs per acre for Ex.PW-1/2 and ~28.89 lakhs per

themselves are having intrinsic evidence of the fanciful price a11d ex-facie destroy each other:

4~ ______ Jhus. __ a_gart from the reasoning of the learned Referenc~ Court, with which I concur, afore-noted reasons in para_ 21 above w_o_u!_d be addiUunal reasons to hold that the 2 sale deeds would advisably not be good evidence wherefrom fair market value of subject lands can be determined and more so for the reason I find that under various awards nearly between 7,000 to 8,000 bigha of land have been acquired and when the - acquisition is of such large an area, it would make all the more reason to be circumspect on sale deeds having intrinsic . evidence of the transaction being the result of fancy of the buyer. I would be failing not to note an unreported decision cited by learned counsel Sh.I.S.Dahiya being the decision dated 19.12.2008 disposing of a- batch of appeals,-lead matter being . LA.App.No.193/2006 Pratap Sinqh (since deceased) thru LRs Vs. VOl & Ors. It was highlighted that the sale deecflherein by which L& T had purchased 8 bigha and 9 biswa -of agricultural land for expansion of its factory which had been ignored by the learned Reference Court on the ground that L& T had a- fancy for the said land and hence the price reflected therein could not be treated as good .evidence of value of land in the area, was rejected by the Court and the price in question, with suitable deduction on account of the parcel of land being large, was accepted by the Court and thus even in the instant cases the 2 sale deeds in question i.e. Ex.PW-1/2 and Ex.PW-1/3 should be tr::eated as the basis to determine fair market- value. The argument ignores the reasoning in the decision of the Division Bench in p·aras 37 to 38 wherein the Division Bene~, did not accept the value in the sale deed on its own -logic as indicative of the market value, but---un:rncr-that if the price therein was reduced by l/3rd, the price arrived at would be the same as LA.App.No.266/2008 & connected matters Page 34 ;of 7 4

------:--:------::-----:_-------· .......... _____________________ ........ ..

would be price arrived at with reference to the average rate of the sale deeds produced by the Union of India i.e. the sale deeds produced by the Government were giving price of ~1,37 ,000/-per bigha- and the sale deed under which L& Thad purchased the land gave the price _~3,26,600/- per bigha and the average WO\.lld come .to ~2,,31,800/-which was near about the price of --~2,15,160/- per bigha, if 1/3rd would be deducted from the sum . of ~3,26,600/-. It may further be highlighted that in the said judgment the year of the sale was 1993 and the notification under Section 4 of the Land Acquisition Act was dated 24.7.1995 and 16.11.1995 and the Court determined fair market value as. of the said dates at the same sum arrived at as aforesaid i.e. ~2,15,160/-. In other words, the reasoning of the Division Bench is not to be read pedantically but meaningfully. It is not that the Court treated the sale deed in question as t_he basis for if it ~as so, the appreciation for 2 years had required to be given. · I . would highlight once again, that I have hereinbefore already noted the inherent contradiction in the value of the land price as per the 2 sale deeds and this itself is intrinsic mutuauv destructive evidence of the 2 sale deeds reflecting fair. market· value.24. Thus, the first argument as noted in para 10 above is rejected and I immediately highlight that the extended limb of the argument that after accepting the said sale deeds as indicative of the fair market value of the land, pertaining to .., vlllage---Narela, in view of the decision in Dharambir's case {supra), land price should be suitably enhanced _would be dealt with by me at the .end when I determine the fair market value of lands for the villages in question. 25. The second argument, contours whereof are· to be found in para 11 of my decision herein above, I need to note the

latestpronouncement of the Suprerne Court on the issue as per the decision reported as 2009 (15) SCC 769 La/ Chand vs. UOI. 26.. But .before that I must highlight that the decision in La/ Chand's case (supra) predicated claim on DDA brochure whereunder, on lease-hold basjs, residential plots were allotted for residential housing scheme and. the argument was being considered for fixation of .fair market value of agricultural lands in village Rithala, where further lands were acquired for the same residential scheme i.e. 'Rohini Residential Housing Scheme'. I highlight that agricultural lands in village Rithala are situated within the 'V' formed by NH-1 and NH-10 i.e. G.T.Karnal Road and Rohtak Rpad. 27. Pertaining to the price charged by DDA after acquiring agricultural lands, developing ·the same and transferring perpetual lease-hold rights, which observations would equally be relevant to industrial layouts, in paras 11 to 27, the Supreme Court observed and held as under:-

"Whether the DDA brochure is relevant evidence?

11. The DDA brochure (Ext. X-1) dated 9-2-1981 is an invitation seeking applications from members of the public for allotment of plots on lease basis under the Rohini Residential Housing Scheme. The brochure stated that the plots were in. layout formed/to be formed in Rithala and the surrounding villages. The brochure gives the following provisional rates for allotment of plots on leasehold basis: . .

The appeJJants coritend that Rs 150 per square metre which is the average of the said provisional rates, should be taken as indicative of the ruling market price.

12. On careful consideration, we are of the view that such allotment rates of plots adopted by development authorities like DDA cannot form the basis for award of compensation for acquisition of undeveloped .lands for several. ·reasons. Firstly, market value has to be determined· wi.th reference to large tracts of undeveloped agricultural lands in rural area, whereas the allotment rates of development authorities are with reference to small plots in developed layout falling within urban area. Secondly, DDA and .other statutory authorities adopt different rates for plots in the same area with reference to the economic capacity of the buyer, making it difficult to ascertain the real market value, whereas .market value determination for acquisitions is uniform and does not depend · upon the economic status of the land loser. Thirdly, we are concerned with market value of freehold land-;--whereas the attotment "rates" in the DDA brochure refer to the initial premium payable on allotment of plots on leasehold basis. We may el.aborate on these three factors.

First factor

13. The percentage of "deduction for development" to be made to arrive at the market value of large tracts of · undeveloped ·agricultural land (with potential · for development), with reference to the sale price of small developed plots, varies between 20°/o to ·75% of the price of such developed plots, the percentage depending upon the nafure of development of the layout in which the exemplar plots are situated.

14. The "deduction for development" consists of two components. The first .is with reference to the area . required to be utilised for developmental works and the second is the cost of the development works. · For example, if residential layout is formed by DDA or similar statutory authority, it may utilise around 40% of the land area in the layout, for roads, drains, parks, playgrounds and civic amenities (community facilities}, etc

15. The development authority will also incur considerable . expenditure for development of undeveloped land into developed layout, which includes - the cost of levelling the land, cost of providing roads,

underground drainage and sewage facifities,-Tayirl"~:f--watef- -lines, electricity lines and developing parks and civil amenities, which would be about 35% of the value of-the developed p-lot. The two factors taken together would be the "deduction for development" and can account for as much as .75% of the cost of the developed plot.

16. On the other hand, if the residential plot is in _an unauthorised private residential layout, the percentage of· "deduction for development" may be far less. This is because in an unauthorised layout, usually no land will be set apart for parks, playgrounds and community facilities. Even if any land is set apart, it is likely to be minimal. The roads and drains will also be narrower, just adequate for _-movement of vehicles. The amount spent on development work would also be comparatively less and minimal. Thus the deduction on account of the two factors in respect of ptots in unauthorised layouts, would be only about 20% -p1-us 20°/o in aJL 40% as against 75% in regard to DDA plots.

17. The "deduction for development" with reference to prices of plots in authorised private residential layouts may range between 50% to 65% depending upon the standards and quality of the layout.

18. The position with reference to industrial layouts will be different. As the industrial plots will be large (say of the size of one or two acres or more as contrasted with the si4e of residential plots measuring 100 sq m to 200 sq m), and as there will be very limited civic amenities and no playgrounds, the area to be set apart for development (for roads, parks, playgrounds and civic amenities) will be far less; and the cost to be- incurred for development will also be marginally less, with the result the deduction to be made from the cost of an industrial plot may range only between 45% to 55% as contrasted from 65% to 75%, for residential plots.

19. If the acquired land is in semi-developed urban area, and not an undeveloped rural area, then the_ deduction for development may be as much less, that is, area, and not an undeveloped rural area, then the_ deduction for development may be as much less, that is, as little as 25% to 40%, as some basic infrastructure will already be available. (Note: The _percentages- mentioned above are tentative standards and subject t_o proof to the contrary.) already be available. (Note: The _percentages- mentioned above are tentative standards and subject t_o proof to the contrary.)

20. Therefore the deduction for the "development· -factor" to be made with reference 'to the price of small plot in developed layout, to arrive at the cost of undeveloped· land, will be far more than the deduction

with reference to the price of small plot jn an unauthorised private layout or an industrial layout. It is a-Js-o---we#--kftowtt that the development cost incurred by statutory agencies is much higher than the cost· incurred by private deyelopers, having reg.a-r:G--to- higher overh-eads and expenditure.

21. ·· Even among the layouts formed by DDA, the percentage of land utilised· for roads, civic amenities, parks and playgrounds may vary· with reference to the · nature of layout-whether .it is residential, residential---~--------tC::tU:t-t-m-t-t--t:C::tO:H-mH-H-m~e~rcia I or i nd ustr+a+; aoo even among residenti I layouts, the percentage will differ having regard· to the size of the plots, width of the roads, extent of community ------------facilities,- parks and playgrounds provided.

22. Some .cif. the -layouts formed by --fh_e_ -statutory Elev-elepment authorffies may have targe areas earmarked tor water/sewage treatment plants, water tanks, electrical substations, etc. in addition to the usual areas earmarked · for roads, drains, parks, playgrounds and community/civic amenities. The purpose of the aforesaid examples is only to show that the "deduction for development" factor is variable percentage and the range of percentage itself · being very wide from 20o/o to 75o/o.

Second factor

23. DDA and other statutory development authorities adopt different rates for allotment of plots In the same layout, depending upon the economic status of the allottees, classifying them as high income group, middle· income group, low income group, and economically weaker sections. As consequence, in the same layout, plots may be earmarked for persons belonging to economically weaker sections at price/premium of Rs 100 sq m, whereas the price/premium charged may be_ Rs -. 150 per square metre for members of low income group, Rs 200 per square metre for persons belonging to middle income group and Rs 250 per square metre for persons belongTrig to high income groups.

24. The ratio of sites in layout reserved for HIG, MIG, LIG and EWS may. also vary. All these varying factors reflect in the rates for allotment. It will be illogical to take the average of the allotment rates, as the "market value" of those plots does not depend upon the cost incurred by DDA statutory authorityi but upon the paying capacity of -the-applicantsror allotment. ------------ - -Third factor

,. ,. ,, :,, ' '-"---1 -,-

25. Some development authorities allot plots· on freehold basis, that is, by way of absolute sale. Some development authorities like DDA atiot plots on leasehold basis. Some have premium which is almost equal to sale price, with nominal annual rent, whereas others have lesser premium, and more substantial annual rent.

26. There are standard methods for determining the annual rental value with reference to the value of freehold property. There are also standard methods for determining the value of freehold (ownership}". rights with reference to the annual rental income in regular leases. But it is very difficult to arrive at the market value of freehold property with reference to the premium for leasehold plot allotted by DDA. As the period of lease is long,· the rent is very nominal, sometimes there is tendency among the public to equate the lease premium rate {allotment price) charged by DDA, as being equal to · the ·market value of the property.

27. However, in view of the difficulties · referred to . · above, it is not safe or advisable to rely upon the allotment rates/auction rates in regard to the plots formed by DDA in developed layout, in determining the market value of the adjoining undeveloped freehold lands. The DDA brochure price has therefore to be excluded as being not relevant."

2-8-;· The evidence on the subject has been discussed by the learned Reference Court and I reproduce the same by extractin-g from LAC Reference No.l17 A/2009. The argument advanced before the learned Reference Court, being the same as .was advanced before me, has been noted by the learned Reference Court with reference to the evidence relied upon. It reads:-"Ld. Counsel to_c_tb.e__p_etitioners__b_as further .submitted that DDA & DSfDC attotted plots in Narela Residential Area and Narela Industrial Area at mt,Jch higher rate~ He has relied upon allotment letter dated 04.01.2000 issued by DDA of the plot no.52, Pkt. 03, Sector A-5, Narela which was allotted to Sh. Hem Chander at the · ·-pre-determined rate of 't3028/- which he has proved as Ex. PW6/l, Allotment leUer dated 26.06.2003 ·of plot no.55 Pocket 03, Sector-05 area measuring 70 Sq. metres in which rate was fixed as ~3,989 per sq. metres, which is Ex.PW6/2 both this and allotment letter dated 09.07.90 of industrial plot allotted by DSIDC i.e. ·

L!.C__ j

plot no.270, measuring 350 sq. yards at . Narela -~·Industrial Comp~~x_at the_ rate of ~650 sq._ metres which is Ex: PW3/1 and another allotment letter dated 25.04.2000 of industrial plot which is Ex·. PW3/2, which was sold at ~3000 per sq. metres.

Further Ld. Counsel has submitted that· from the statement of PW9 Kanwal Singh & document Ex. ·· PW11/1, which is detail of land acquired. It is apparent that total land acquired is 7209 bigha. Thus total cost of development per bigha would be 1794400000 = ~248911 whereas Ld. Counsel has submitted that DDA by selling alternate plot in Narela Residential Scheme @ ~3208 would be ~2531408/- per bigha.

And if 30% of the total area utilized. for roa.ds, park, drain etc. total area comes for sale is 70% so the price of per bigha would come to (2531408 -759422 = 17719866 per bigha}. And after· deducting development charges from sale price of one bigha i.e. · ~1771986 - 248911 = 1523075 per bigha, where as petitioner has been given rate only ~3.27 ,083/- per -· ----price of per bigha would come to (2531408 -759422 = 17719866 per bigha}. And after· deducting development charges from sale price of one bigha i.e. · ~1771986 - 248911 = 1523075 per bigha, where as petitioner has been given rate only ~3.27 ,083/- per -· ----

----;,.oigt,-a.·-. -·

Similarly he· has tried to demonstrate the profits earned by DSIDC. He has relied upon testimony of PW7 R.D. Sharma, Asstt. Manager,. DSIDC who has produced documen-ts--E-x. p\fi7tA (Colly). Ld. Counsel has argued that total . expenditure incurred on development of Narela Project by DSIDC was 720526901 till 2001 and total area of plots with DSIDC was 11247 hectare i.e. 1361250 sq. yard. Therefore, total earning of DSIDC is ~2142917 per bigha, calculation is as under:

i.e. Profit-comes to ~2470--iJ"er sq. yarcror--~22fTOOOO per bigha {i.e. 3363223099 divided by 1361250 sq. yards) . and the LAC has paid compensation @ ~327083 per bigha · only, meaning thereby that DSIDC has earned profit of 't214291Tper bigha._ _. ______ ----·

Ld. Counsel for the petitioners has· further argued that LAC has awarded compensation @ ~327083 per-

bigha for the land in question if 200% appreciation of the . ~ j said price is considered Qn account of land, the figure-·· comes to {654166. If the amount is deducted from sale _p_rice_._.per bi.g_h_a. i.e. {24700000, . the figure c;omes to ~1815834 per bigha & petitioner is entitled for the same."

2Q. No\(IJ, we do not have. evidence as to what was the extent of plotted land· sold by DSIDC or DDA with reference to the Bawana Industrial Estate developed by DSIDC and Narela Residential Scheme developed by DDA. Whether it was .20% or 75%, we. do not know. The inchoate evidence has resulted in the same factors, being 3 in number which were noted by the Supreme Court in La/ Chand's case (supra), which render this evidence as most unreliable to determine the value of land in the subject cases.

30. It is no doubt true, as held even by the learned Reference Court, that with the development of Bawana Industrial Area, Rohini Residential Scheme and Narela Residential Scheme, the subject lands had acquired building potentiality, but the question would be what would be the value to which the building potentiality would translate itself . Industrial Area, Rohini Residential Scheme and Narela Residential Scheme, the subject lands had acquired building potentiality, but the question would be what would be the value to which the building potentiality would translate itself .

-------

31. I hold that the learned Reference Court, keeping in view the observation and the findings of the Supreme Court in La! Chands case (supra) has rightly rejected said evidence as reliable. On the issue of potentiality relating itself to the value, I promise the reader of the decision, to deal with the same while I shall be discussing as to what should be the fair market value of the lands.

The third third submission in the alternative alternative wa_s_ based upon ·

32. The third third submission in the alternative alternative wa_s_ based upon · the observations of Division Bench of this Court in Bedi Ram's . . case (supra}, and the submi.ssion is as noted In para 12 here:in . above; The land owners require the .. _l)rJc~-- det~rmined in Dharambir's case (supra} relating to the notification dated

LA.App.No.266/2008 & connected matters

. Page 42 of74

30 1 o 1963 in sum of f16,15Qt-.,. per bigha for village Mamurpur _to be treated as the basis and progressively increased, firstly by 6% per annum, then by 10% per~annum and lastly by 12% per annum for -different periods and thereby determine the fair market value for the 8 notifications in question.

33. It be highlighted that in Bedi Ram's case {supra), with reference to the base date as. of the year .1959, for the year 1976 i.e. period spanning 17 years the Division Bench of this Court applied the progressive_. increase method by firstly enhancing the price per annum b_y 6% till the year 1965 and then by 10% per annum till the year 1973 and finally by 12% for the remaining 3 years.

34. However, in La/ Chands case ·{supra}, the Supreme Court categorically opined as under:-

"Whether the award relating to acquisition on 24-10-1961 is relevant?

4 7. The appellants contenc;j that some lands in Rithala were acquired- under Section 4(1} Notification dated 24-10-1961 for the planned development of Delhi and compensation was~ awarded at the rate of Rs 7000 per bigha. Their contention is -that as the present acquisition is in the year 1981, the market value of the acquired land should be determined with reference to the market value determined for the 1961 acquisition by providing an appropriate increase at the cumulative/compounded rate of 12% per annum. This Court had occasion to examine this issue recently. In ONGC Ltd. v. Rameshbhai }ivanbhai PateLlO }ivanbhai PateLlO PateLlO this held: (SCC p. 751, para 15) . __ . ______ _:__.l2: __ Norrnally, recourse is taken to the mode of .... · --determining the market value by providing · ----------- ----·------- appr apr iate --escalation overthe proveuL_market value of nearby lands in- previous years (as evidenced by s-ale transactions or acquisitions-}, where there is no evidence of any -contemporaneous sale transactions Qr acquisitions of comparable lands in the neighbourhood. The said method- is reasonably

ONGC Ltd. v. Rameshbhai }ivanbhai PateLlO }ivanbhai PateLlO PateLlO this Court ·

L --.______j

,------J

-----.,.,-,----------------- ----

"--safe .. . ... .. .. . where -. ----~:- :--~-=--~ -reti-ed--on. sate'-'-· -------,--transactions/acquisitions precede the subject acquisition by only few years, that is, up to four to five years. Beyond that it may be unsafe, even if it relates to neighbouring land What may be reliable standard if the gap is of only few years, may become unsafe and unreliable standard where the gap is larger. For example, for determining the market value of ·land acquired in 1992, adopting the arfnual increase method with reference to sale or acquisition in 1970. or 1980 may have many pitfalls. This is because, over the course of years, the 'rate' of annual increase may itself undergo - drastic change apart from the likelihood of occurrence of varying periods of stagnation in prices or sudden -spurts in prices affecting the very standard of increase."

sate'-'-· -------,--

(emphasis supplied}

48. Even if the relied upon transaction is only two.to three years prior to the acquisition, the court should, before adopting standard -escalation, satisfy itself that there were no adverse circumstances. For example, if the- acquisition is of this year 2009, it may not be possible to determine the· market value, based on the 2007 or 2008 prices, by providing an increase of 12% or 15% per year, as the· newspaper reports disdose that the price of immovable properties in most areas of the country came down by more than 40% to 50%- from the . 2007 rates. Caution is .therefore necessary before incre~sing the price with reference to the old transactions. Be that as it may. It is clear that the award made in regard to 1961 acquisition will ·not be of any use for determining the market value for 1981 acquisition."

.~------

35. It is apparent that the ratio of law laid down by the Division Bench in Bedi Ra-m!-s--ta-se (supra-} runs in the teeth of the law decla-red by the Supreme-- Court in La! Chands case {supra), · which decision foHows- an earliei decision of the Supreme Court reported --~--·-----·· as 2008 (14) SCC 745 ONGC Ltd. Vs. Rameshbhai /ivanbhai Patel.

36.----111 the instant case there is another good reason ·nat to follow the Jaw laid down in Bedi Ram's case (supra) for the reason I find that a,-co-ordinate Division Bench of this Court, in the decision reported as 88 (2000} DLT 650 (DB) Saraswati Devi & Anr. Vs. UOI & Ors., pertaining to agricultural lands in vHiage Mamurpur - Narela, did no~ apply the progressive- percentage increase with reference to the price determined in Dharambirs case (supra). as of the year 1963, which would have resulted in-the land price being-determined in village Mamurpur- Narela as of 14.3.1980 @ ~2010/- per annum per bigha and gave the increase @ ~1000/- per bigha. If Bedi Ram's prindple was applied the price would- have come to approximately ~50,000/­per bigha but the learned Division Bench determined the same at ~33700.0/- per bigha.

37. That apart, as would be noted herein after by me, while discussing on the issue of the fair market. value of subject lands, in the unreported decision of Division Bench of this Court in LA.APP.No.866/2005 decided on 11.5.2006, Mahender Singh vs. UOI & Drs. and connected Land Acquisition Appeals pertaining to agricultural lands in village Bawana~ and I highlight that one village with which I am dealing is village Bawana, pertaining to notification dated 15.11.1996 issued urider Section 4 of the Land Acquisition Act where-under 3604 bigha and 18 biswa of agricultural land in village Bawana was acquired for ~n industrial estate i.e. Bawana Industrial Estate, the fair market value as of 15.11.1996 was determ~ned @ ~1.99,904.68 bigha which equals to ~9.59,542.46 per acre and relevant would it be for me to highlight that if the notification dated 25.7.1997 by _which price for agricultural land being the minimum price determined by the Government was ~10 lakhs per acre as of 1.4.1997, the price

_) ___ _

determined by the Division Bench would equal the minimum price notified by the Government.

~R. · If I were to tak~ thP nric:e as of 15:11.1996 @ ~9,59,542.46 per acre, pertaining to the notifications with which I am concerned, the price would be approximately the same as determined by the learned Reference Court if I give benefit of progressive increase by 10% per annum. But, I leave it at that . for the moment for the reason,· as assured by me herein above, I would be hoUstically discussing the subject while opining upon the fair market value of the subject lands as on date of the a-notifications in question.

39. Th.e Jourtb argument, which was advanced only by Sh.S.Chaturvedi, learned counsel who appeared for Ram Kishan · and others, the appeUants in LA.APP.No.268/2008 and who are the respondents in the Cross Appeal filed by Union of India· i.e. LA.APP.No.292/2008, is as noted in para 13 above i.e. the testimony of Ram Kishan that from the subject lands belonging to the family they were earning ~1 lakh per bigha by sale of agricultural produce.

40. The learned Reference Court has not accepted the testimony of Ram Kishan because he gave no' proof in support of his oral testimony.

41. The reasoning of the Court that there .was no· c_rop standing on the land when its possession was taken ·over on 4.10.2000 would require an infe~ence to be drawn that the acquired lands belonging to th·e family were not being put to agricultural use and growing 3 to 4 crops per year, is falladous · no doubt, for the reason it is matter of common knowledge that by the 3rd week of September rice is harvested in Delhi and if vegetables are grown. even they are harvested and the land is left fallow for some time, to be readied to grow wheat which is

-~---.~ ---- ------

sown around the first week or the second week of November each year .. _ ....

42. But the other reasoning of there being no evidence led ·····~-------------------in the form of documents is relevant. Now, as per the testimony of Ram Kishan he was working as an Administrative Officer in the Municipal Corporation of Delhi till 31.3.1996 i.e. was not tiller himself till said period and thereafter earned a, pension. If --~-----------------the family, as claimed by him, was earning ·-. --. ···----- -------~1 ... lakh per bigha, for the lands belonging to the family, ·which admeasure 18 bigha --------~---·--·-·-----···· and 18 biswa, the annual- income Vv'OUid be ~19 lakhs and one finds -tt strange that not -a penny was invested in bank or security wherefrom interest or dividend c:ould be earned. Besides, there is no proof of such high volume of sales being effected in the local Mandi or otherwise. The trader to whom -the produce was sold has not been examined. No proof of number of workers employed, diesel purchased to run the tube.-weiL if any, to irrigate the fields or electricity bills paid if the pump was electrically driven has been furnished and if the fields were irrigated by canal water, no proof of any payment made to the irrigation department has been furnished. Thus, th.e learned Trial Judge is fully justified in not adopting the yield basis, by capitalizing the same, to determine the fair market value of lands. There is no reliable evidence on the issue of. the yield and the self serving deposition of Ram Kishan has been rightly rejected.

43. If there is reliable evidence of an independent expert or there is otherwise reliable evidence, as was found in the decision of the Supreme Court reported as JT 1997 (1) SC 444 State of Guiarat & Ors. Vs. Rama Rana & Drs., pertaining to the yield from- -ag-ricultural land, only then it would be safe to determine fair market value by applying the principle of there is otherwise reliable evidence, as was found in the decision of the Supreme Court reported as JT 1997 (1) SC 444 State of Guiarat & Ors. Vs. Rama Rana & Drs., pertaining to the yield from- -ag-ricultural land, only then it would be safe to determine fair market value by applying the principle of

LA.App.No.266/2008 & connected matters

; '' ! '

capitalizing on the yield basis and that too, the capitalizing being 10 times the annual yield and not 20 times as was sought to be projected.

44. The fifth argument which was advanced, as noted herein above in para 14, by Sh.T.P.S.Kang, Advocate was that the mean average' principle be adopted with reference to, the notification dated 24.1.2008.

In para _7 above, I have put in tabular form, the

45. In para _7 above, I have put in tabular form, the minimum prices notified for agricultural land in Delhi from time to time. I highlight that the notifications with which I am concerned are dated 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7.12.2001, 16.5.2002, 25.5.2002 and 27.1.2003 i.e. the years are 2000, 2001, 2002 and 2003. From the table in para 7 above, we find that minimum prices have been notified as of 1.4.2000, 1.4.2001 and 30.8.2005. Thus, there would be no need to factor in the minimum price notified under the notification dated 24.1.2008 which is w.e.f. 8.12.2007 i.e. is 4 ye-ars away from the last year with which I am concerne~ :.c. the year 2003. I highlight that reckoned w.e.f. the year 2000 i.e. the first year with which I am concerned, the notification would be 7 years away. The law of statistics which governs mean average , as one of the recognized niodes to determine value, in between 2 given values, requires the 2 end points to be the ones which would -be ct-Gse-st to the----J*)int feF w-Akf:l the mean, average has to be determined.

46. I am left to deal with the last submission, as noted in ' para 15 herein above, and for which I highlight thatthe learned Reference Court has, pertaining to the notification dated 27.1.2003 determined the fair market value in some References with respect to sale deed dated 20.5.2002 where under 1 bigha and 13 biswa of land was sold in village Rajapur Kalan and

r--;-----'

...;---.-

has determined that based thereon the price as of said date works out to f17.74.109/. OPr Arr~ ~nrl-inrr~~c::in" tliiP c::::nno for 8 months by 12% per annum, for the date 27.1..2003 the price would be ~19,16,037/- per acre rounded off to ~19,16,040/- per acre.

47. With reference to the Award No.10/DC(NW)/2004-QS it is apparent that land comprised in Khasra No.200 admeasuring 1 bigha and 13 biswa was Category 'C' land. The sale deed in·-question pertains to the same land and indeed there is logic that if said sale deed had to be accepted, it would reflect fair market value of Category 'C' land. . As per . the learned Land Acquisition Collector {1. 7 lakhs per acre would be required to fill up the depressions for tand in Category '8' and further sum of ~1:7 land were less vis-a-vis Category 'C' Jand. In other words, with reference to Cate-g-ory ;A, land,- the p-rice of cat~g-ory 'C' land · would have to be reduced and vice-versa, vis-a-vis Category 'C' land, the price for Category 'B' land and for Category 'A' land would be required to be increased suitably.

-. 48. I now enter the final stage of my discussion. In view of the evidence herein above noted and reflecting upon the reasoning adopted by the learned Land Acquisition Collector and theJ~arned Reference Court, I pose the question: ·what should be the fair market value of the subject ,lands as of 7 .8.2000, 11.9.2000, 2.5.2001, 22.8.2001, 7 .12.2001, 16.5.2002, 25.5.2002 and 27.1.2003 i.e.- the dates on which the . ------··· notifications were issued under Section 4 of the Land Acquisition Act 1894.

49. ----1 have, in para 37 above, noted decision . ------of Di'-"ision l, Bench of this Court in LA.APP.No.866/2005 decided on LA.App.No.266/2008 & connected matters Page 49 of74

-- LA.App.No.266/2008 & connected matters

11.5.2006, Mahender Singh vs. UOI & Ors. wherein pertaining to . · villaae Bawana. fair market value determined as of 15.11.1996 . J_s__5~L~9,904.68 per big_b~ which equals to ~9.59,542.46 per acre. The said decision would be re1evant on the issue of potentiality, an issue which I have promised to discuss. The decision notes that the subject lands i.e. the lands with which the Division Bench was concerned, had acquired potentiality inasmuch as, . . as discussed in paras 25 to 28 of the decision, rural areas in the Union Territory of Delhi was attracting migrants.· Based on population growth, 5 villages in rural -De-l-hi were identified for providing major health facttittes;- s-chools, markets and rural -. . industry, one of which was viHage Bawana. lt_was noted that . G.T.Karnal Road and Rohtak Road were providing good access to village Bawana and. that the Master Plan for Delhi nQtified in the year . -1990 had indic-ated . the land use in the area to be changed · in . the future to industrial and commercial, but had also -------r"••mh;ccerved that notwithstanding th1s; for the reason no zonal pla.·n-,-------------was notified as contemplated by Section 11A of. the Delhi Development Act 1957, the lands continued to be used for agricultural purposes and there was no evidence that till the year 1996, any land -use :had been actually changed and put to the use contemplated by the Master Plan. As in the instant . case, where all subject lands were continuously put to "-agricultural use, same was the case noted in the said decision. To put it pithily, the potential use of the lands giving birth to potential' land value with reference to the area being known to all as being required in the future for build1ng purposes, was · · found not resulting in the potential being valued with reference to the potentiality i.e. the lands being, in the near future capable ofbeing built upon. To put it differently, the decision, though not so expressly"stating, would be proposition thatthere is difference between the undeveloped land having building LA.App.No.266/2008 & connected matters Page 50 of74

potentiality· in presenti vis-a-vis .a land having building potentiality, in futuro. As already noted by me in para 36 above, as of the date 15.11.1996, fair market value determined was f9,59,542.46 p_er acre and which I. highlight once again is the: same as would be determined with reference to the notification being <;:losest in point of' time i.e. the notification dated 25.].1_9_9Z_:where-under for agricultural lands in .Delhi minimum price fixed by the Government as of 1.4.1997 was ~10 lakhs per . acre. Interestingly, the same Division Bench had pronounced another judgment reported as 2006 IV AD (Delhi) 13 Gajraj Sinqh vs. UOI & Anr. where pertaining to agricultural lands in village Holambi Kalan where 940 bigha and 6 biswa land was· acquired pursuant to the same notification dated 15.11.1996, fair market value determined for Category 'A' lands was f9,76,121/- per acre and for Category 'B' lands was f9,51,121/-per acre i.e. near approximate to the fair market value of lands in village Bawana. It needs to be highlighted that while determining the fair market value as of 15.11.1996 in village Holambi Kalan, evidenced from the observations 6fthe Court in para 19 and 20 of the decision, locati'on and potentiality with reference to development work carried out in the .. surrounding lands was considered. I would highlight that another. Division· Bench of this Court, in another adjoining village in the same 'V' i.e. between G.T.Karnal Road and Rohtak Road,. i.e. village Singhola determined fair market value as of 19.3.1993 @ f1,30,523/- per bigha i.e. f6,26,510.40 per acre. The decision is .,..reported-as 2004 (4) AD ·(Delhi) 20 Ram Chander vs. UO!and the - ----------·-···-·--·-·· ---------- same-Dlv~sio-n--6-ench, as per the decisioA-:-r-e-J)erteG-as--111 (2004} DLT 95 Hukum Singh vs. UOI, pertaining to notification dated ··-. -··--·---,----------·----14.1.1994 for village Singhola determined fair market value @ ~1,40,230/- per bigha i.e. f6.73,104/- per acre.

---- ---. --~ ~e afaresaia~ !U'!2mel!_~~~f i~l t~---p:rece-d{ng ·5_0. paragraphs as also the various notificati-ons issued from time to time by the Government of NCT Delhi notifying minimum pric~ for agricultural lands in Delhi as .. tabulated by m~ ': ~ in. para· 7 above bring out two very important facts relevant t• determine the growth/rise in the prices of agricultural land in Delhi over the years commencing from the year 1990. . As of 27.4 .. 1990 minimum price was t4.65 lakhs per acre which rose to flO lakhs per acre as of 1.4.1997 i.e. the increase is f5.35 lakhs spread over 7 years which gives us 115.054% increase in 7 years and the average price increase would be 16.436%. The price rise over the next 1 year is by 11.2% and thereafter by 11% forthe. next 2 years and 11.5% for the next year i.e. as of 1.4.2001. It shows that due to urbanization, between the year 1990 and 1997 prices grows fairly sharply and good corroborative evidence for this woul<;i be the decision of the Division Bench of · this Court in Gaira/s case (supra), which I have discussed in para 49 above.

51. I need to elaborate little- more with- respect to the decision in Gajra/s case. Discussing the evidence pertaining to fair market value of agricultural land in village Holambi Kalan as of 15.11.1996, in paras 9 to 17 the Court discussed the valuation on the basis of agricultural yield and found that the gross return per acre per annum was f95,000/- for multiple croppe_Q_ la_nd and . hewing good _irrigation __ facilities and thus capitaliz~d the land price at f9 .. 5 lakhs per ~ere. Discussing the second method of land prices -------of -------comparable ------· lands in the 11 rrn 1m rl inn rP""ctS · t-nd udtf'rg-- potentia llty, in para 19 onwards the Coun:_~_iscussed the matt~r wi'~h reference to land prices in adjoining villag-e- Bhorgarh where FCI God owns had come up and nasec:r--on -s-aTe instances found that based on the said sale

LA.App.No.266/2008 & connected matters

instances and giving benefit of industrialization the land pt ice · would come to tl0,03,364/- per acre (Refer para 31). The Court then considered tAe- prk:es- notified by the Government as per policy dated 1.4.1997 and thus worked out the mean average.· figure of t9, 76,121/;. per acre for Category 'A' lands and f9,51,121/~ per acre for Category '8' lands. The decision highlights that the potentiality had been well-factored in when . .. the Government issued the minimum price notification w.e.f. 1.4.1997, evidenced by the fact that even with respect to sale transactions the Court found that as against the minimum price notified as of :L.4.1997 at flO lakhs per acre, sale instances were. highlighting that the price was f10,03,364/- per acre.

52. . The decision in Mahender Sinqh's case, pertaining to village. Bawana, referred to by me in para 49 above, highlights with reference to para 28 to 31 of the decision that the Master Plan for Delhi 1990 had been taken into account by the Court which was projecting residential, commercial ·and industrial future exploitation of agricultural land in Delhi and on the issue of potentiality had noted that notwithstanding the Master Plan so projecting and the lands theoretically acquiring potentiality, the same had not translated into reality evidenced by the fact that till the year 1996 i.e. the date of the notification with which the Division Bench was concerned, virtually no development had taken place in village Bawana ·and Holambi Kalan and nobody had· exploited the potential. As I have already highlighted in para 49 above there is gap between what would be expected to be the market growth and what the market actually grows. The decisi.ons in Gaira/s case and Mahender Singh's c~se highlight that potentiality translated itself into reality betw~en 1990 and 1997 when prices rose by about 16.5% per annum and thereafter the extended potentiality did not translate with the·

LA.App.No.266/2008 & connected matters

L!:... __ ~

-,------J

requisite momentum and the acceleration fell to between 10% per annum to 11% per annum. One reason could -be that pursuant to Master Plan for Delhi 1990 fairly large~ __ areacari:te to be developed, both residential, commercial and industrial and probably there was enough availability of developed land and the hunger of the market got saturated.

53. The empirical evidence in the instant case, apart from the 2 sale deeds relied upon by the land owners, in respect whereof the learned Reference Court has given good reasons not to rely upon and for which I have given further reasons in paras 21 and 22 hereinabove for not relying upon, being fanciful sale deeds, . .. --to --· determine fair market value, we have with us the sale deed relied upon by the learned Land Acquisition Collector pursuant whereto in some references in village Raja pur Kalan~ the learned Reference Court has held that as per the said sale deed Ex.R-2 as of the~ date of the sale· i.e. 20.5.2002 the fair market value of agricultural lands would be ~19,16,040/- per acre as of 27.1.2003 on the reasoning that 1 bigha and 13 biswa of land which was sold for ~5,39,690/- and ~70;160/- was paid as stamp duty would mean that ~6,09,850/-(~5.39,690/-+ ~70,160/-) were spent would yield the price ~17,74,109/- per acre as of the date of the sale i.e. 20.5.2002.

54. · Thus, the best which could be said as the most favou.rable situation for the lc;md owners would be that with ·reference to the sale deed dated 20.5.2002 for Category 'C' lands the price i.e. fair market value of la~ds in the area would be ~17,74,109/- per acre. For Category 'B' and Category 'A' land the price would 'have to be suitably enhanced and here we find another area of dispute for the reason, as noted by me hereinabove in sub-para (a)~ of para 18 the learned Land Acquisition Collector in different awards has deducted ·

Page 54 of74

LA,App.No.266/2008 & connected matters

sometimes f1.2 lak~s per acre, sometimes fl.56 lakhs per acre and sometimes fl. 7 lakhs per acre from the price of Category ----------------- ··-····- ·------'A' lands to determine the price for Category 'B' lands and wherever lands were in Category 'C' as well-t-he price has been deducted further by fl. 7 lakhs per acre.

55. · Now, neither side has brought any evidence on record as to what wou·ld be the money required to be spent to level the lands and I notP that categorization fs bas--ed-ettly on the basis of certain ·lands having pits and depressions of various depths ------mn•lirinn th~--same to be leveled and this would require money .. ·------ ------------------· -----·- ·------------------· ··-·-· . --to be spent. -----------------But on _what ------------basis has -------·-· the Land Acquisition . Colle.ctor held, in some awards that fl.2 lakhs per acre would be spent and in some· that fl. 56 lakhs per acre would be spent and in some that fl. 7 lakhs per acre would be spent? There isjust no clue.

56. In Gajraj Singh's case (supra), the price differential worked out was f25,000/- per acre. I have noted hereinabove that . the acquisition in Gairaj Singh's case . pertained to the date 15.11.1996. In Gajraj Singh's case the price for Category 'A' land determined was f9, 76,121/- -per acre and for Category 'B' land the price determined was f9,51,121/- per acre and the price differential comes to about 2.5% with reference to the price of Category 'A' land.

57. I thus hold that Gajraj Singh's c~se should be my guiding star for price differential in the instant cases as well and thus I hold that wherever Category 'A', Category 'B' a~d Category 'C' have to be differentiated on price, the differential should be 2.5o/o.

58. Thus, if fl7,74,109/-, rounded off to f17.75 lakhs per acr-e-would be the p·r;·ce for Category ·c· t.ancttn vi-lla-ge Rajapur Kalan as of 20.5.2002 and highlighting that the sale deed Ex.R-2

LA.App.No.266/2008. & connected matters

Page 55 of74

admittedly pertains to Category 'C' land, the · price for Category '8' land would be f18.20 lakhs per_ acre and for Category 'A' land would be ~18.655 lakhs per acre.

59. Taking the logical reasoning . little . further it assumes importance that as per the minimum price notified by the Government as of 1.4.2000 the per acre price was ~13.82 lakhs and as of 1.4.2001 the same was ~15.7 lakhs per acre i.e. the percentage in~rease between the year was 11.5o/o per annum. If I treat Category 'A' land price at ~18.655 lakhs as of 20.5.2002 based on the sale deed Ex.R-2, deducting the price by 11% per annum, the price as of 1.4.2001 would come to approximately ~16.40 lakhs per acre and this would highlight that when . contrasted with the minimum price notified by the Government at ~15. 7 lakhs per acre as of 1.4.2001, the price differential. is ~70,000/- per acre i.e. 4.46%. Since exactness can never be achieved while determining fair market value of large chunk of land with reference to few sale deeds where small parcels of land ·are sold for the reason even within colony, the size, the -. ·- . ---~- --location, the frontage etc. of piece of land would vary the price by plus or minus 5%. What I wish to highlight is that even the sale deed in question yields to us fair index as per which the .. minimum price notified by the Government has an element of rationality and acceptability. It needs to be highlighted that though under normal circumstances sale on particular date is normally not held goocrevtdence.to work oUta land price on date prior thereto but may be used as evidence to determine land price on subsequent dates, for the reason price on particular date is the result of various market forces/conditions having already impacted the land price and it would be difficult to fathom the existence of market forces/conditions walking backwards. But, in the instant case, with reference to the 5

notifications dated 7.8.2000, 11.9~2000, 2.5.2001, -22.8;20-01 and 7.12.2001, the differential period is small inasmuch as the sale deed in question is dated 25.5.2002 and thus in the peculiar · facts of the instant case, the sale deed in question, which itself has been projected by the Union of India as an evidence of market value of land as on said date, would be relevant piece --- ·-·-·--·---·····-of evidence to be taken into account while 'determining the market value of· land as on the dates 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001 and 7.12.2001.

60. The. argument that village Narela had always been treated locationally advantageous for the reason the township of Narela was in existence since long. and this was recognized when, pursuant to notification issued in the year 1963, vis-a- · vis the adjoining villages f2 per square yard price advantage -was given to lands ~n village Narela in Dharambils case, looses sight of the fact that the price differential due to locational advantage was keeping in view the realities in the year 1963. Over the period of time, as urbanization took place in Delhi and more and more areas came under plotted development which included areas in North-West of Dethi i.e. the area with which I -am concerned today, the price differential faded and by the year 2000 and onward, it has become non-existent .

. 61. I thus ·hold that pertaining to the notifications dated 7.8.2000, 11.9.2000, 2.5.2001, 22.8.2001 and 7.12.2001 the-land prices would have to be determined on the basis of the minimum price notified by the Government as also with ~ _-~-' ' ' refer~IJ.~-~--~o ~he se3!e deed dated 25 ._s_~~OO~Jgr_ ~h~-r~ason I find no other cogent evidence wherefrom land price as on said dates ·could be determined:--Pertaining to the notification_s ___ aated 16.5.2002, 23.5.2002 and 27.1.2003, ' . • -the land price needs i to 'be determined with respect to the sale deed dated 25.5.2002

··-·-------- --· ·----____ .necatiseu-with -reference to fhe-s-afd sate ·prn:e-it-ts apparent that . land price as of said date comes to more than if determined with · respect to the notification dated 9.8.2001 wherein minimum land price notified was f15.7 lakhs per acre with effect froni 1.4.2001.

··-·-------- --· ·----

62. With respect to the. price differential for Category 'A' and Category 'B' lands, noting that pertaining to the said notifications categorization has been done only pertaining to the · land acquired in village Pooth Khurd and Holambi Kalan (pertaining to the notification dated 22.8.2001 only), Village Bawana, Khera Khurd, Narela and Ali pur· (pertaining to the notification dated 22.8.2001) I hold that vis-a-vis the said notifications, after increasing the price for the date differential, fixing the same for Category 'A' lands,_ deduction has to be effected by decreasing the same by 2.5% to detennine the price - for Category 'B'_ land.

63. Before I work out the compensation and since it would be evidenced that pertaining to Category 'A' lands, the land prices would marginally increase in few cases and substantially in the other,. striking note of discordant would emerge with respect to the land price determined pertaining to the notification dated 23.5.2002 pertaining to village Holambi Kalan wherein the learned Reference Court has determined the fair market value at f22,14,23,900/- per acre as of 23.5.2002, -~ t-n·eed to highlight that-pertalmng to:tne same notification dated 23.5.2002 in relation to village Alipur the learned Reference Court has det-ermt~--the- -fair market value at -~--------- ... f17,85,240/-per acre and I find that pertaining to village Rajapurl(alan and Sanoth, pertaining to the notification dated --··· 27.1.2003 -----·-thefair ---------market value assessed for ""-. Category 'A' lands · is f19,16,040/-in some cases and fl9,13,760/-in few,

1,', ~j

------------------------·-------··-·-··-~---··················

--meaning thereby that much lesser compensation. has been worked out in the year 2003 vis-a-vis the compensation worked out for Holambi Kalan ·perfainin.g ·t:6 the notification dated 23.5.2002 and the reason. for the abrasion is that in ·said notification the land price .. determined in Gajra/s case (supra) . as of 15.11.1996 has been taken and increased at the rate of 12% per annum compounded.

Village Pooth Khurd Notification dated 7.8.2000

64. With . reference to the notification dated 9.8:2001 . wherein with effect from 1.4.2000 minimum price notified per.· acre is ~13.82 lakhs and requiring said price to be suitably updated to reach the. date of the notification i.e. 7.8.2000 and with reference to the sale deed dated 25.5.2002 wherein for Category-;t-; ·lands, land price per acre comes to ~17, 74,109/-, rounded off to ~17, 75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to ~18.2 lakhs per acre and further increasing by 2.5o/o the prices comes to ~18,65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 7.8.2000; the mean average price for Category 'A' lands in village Pooth Khurd comes to ~14. 75 lakhs . . . per acre and .decreasing the same by 2.5o/o, it comes . to . ~14,38,125/- per acre for Category 'B' lands. Noting that the learned Reference Court has, without any reasons, done away with Category 'B' lands and uniform price awarded is ~14,37 ,280/- per acre, the price differential worked out by me comes to meager ~1.000/- per a·cre and thus qua Category 'B' lands I maintain the amount awarded by the learned Reference ·. Court.

65. All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India in the

appeals filed by land owners in respect whereof grid has been-prepared and labeled as 'GRID-A' hereinabove are dismisse~l ------------------:--------:---------------

----------66. All Land Acquisition Appeals filed by the land owners ·and cross.:objections filed by the land owners in appeals filed by _Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Pooth Khurd pertaining to the notification dated 1.4.2000 in sum of ~14. 75 lakhs per acre and for Category '8' lands the compensation awarded at ~14,37,280/- per acre is maintained and thus such appeals or cross references which pertain to Category 'B' lands are dismissed.

PerraTniiig -to such appeal where the compensation -

67:-PerraTniiig -to such appeal where the compensation -stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or· cross objectors would be entitled to proportionate cost. stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or· cross objectors would be entitled to proportionate cost.

Village Holambi Kalan Notification dated 7.8.2000

68. For the reasoning given in paras 64 to 67 hereinabove pertaining to the nqtification (same) dated 7.8.2000 relating to village Holambi Kalan, all appeals as per 'GRID-B' hereinabove and cross objections stand disposed of enhancing the compensation to f14. 75 lakhs per acre and I highlight that as per the award and even as per the reference all subject larids were of uniform category. Needless to state appeals filed by the Union of India and cross objections wherever filed are dismissed. _ -Appeals and cross objections filed by land owners are allowed by enhanCing the compensation to ~14.75 fakhs per acre together with statutory_ benefits as per the Land Acquisition Act 1894 as

__ _ __

explained in the judgment reported as Sunder Vs. U0/2001 (93) DLT 569, except for the period where there is delay in filing ~ -appeal or cross objection, for which period of delay no interest on the enhanced compensatio~ shall _be paid. _ These appellants or cross objectors would be entitled to- proportionate cost.

Village Bawan·a Notification dated 7.8.2000

__ _ _ 69. PertainiQg to villag_e Bawana ___ reiating to the same notification dated 7.8.2000 where the learned Reference Court has not enhanced the compensation, for parity of reasoning, fair market value for Categor-Y 'A'- lands is fixed at ~14.75 lakhs per ac-re ~inO for Category '8' lands at ~14,38,125/- per acre and noting that Union of India has neither filed any appeal or cross objection, appeals as per 'GRID-C' hereinabove are allowed by fixing the compensation as hereinbefore mentioned and needless to state on the enhanced compensation the appellants shall be entitled to -statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOJ 2001 (93) DLT ·569, except for the period where there is delay in filing the appeal, for which period of delay no interest on the enhanced compensation shall be paid. These appellants . / would be entitled to proportionate cost.

Village Khera Khura Notification dated 11.9.2000

-70. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2000 minimum price notified per acre is ~13.82 lakhs per acre and requiring said price to be suitably -updated to reach the date of the notification i.e. 11.9.2000 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre comes to fl7 ,74,10.91~ •. 1-nunded _off to---I-17 ,75,000/- per acre, and for Category '8' lands increasing the same by 2.5% the price comes

LA.App.No.266/2008 & connected matters

to fl8.2 lakhs per acre and further increasing by 2.5% the prices comes to tl8,65,5901- per acre for Categol}" 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 11.9.2000; the mean average price . for Category 'A' lands in village Khera Khurd comes to f14,83,500/- per acre and decreasing the same by 2.5%, it comes to f14,46,413/- per acre for Category '8' lands.

71. All Land Acquisition Appeals as per 'GRID-D' filed by the. land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing , compensation payable for Categ-ory 'A' lands in village Khera Khurd pertaining to the notification dated 11.9.2000 in sum of . f14,83,500/- per _acre for Category 'A' lands and f14,46,413/-. per acre for Category '8' lands. I note that pertaining to this notification and the village, the Union of India has not filed any appeal. On the enhanced compensation statutory benefrts as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. U0/2001 (93) DLT 569 shall be granted, except for the period where there is delay i-n filing the appeal, ' for which period of delay no interest on the enhanced compensation shall be paid. These appellants would be entitled to proportionate cost.

Village Narela Notification dated 2.5~2001

72. With reference to the notification dated 9.8.2001 ----··---·-------- ···--. --··--------··--··--wherein with effect from 1.4.2001 minimum price notified per acre is fl5.7 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 2.5.2001 and with reference to the sale deed dated 25;5.2002 wherein for Category 'C' lands, land price per ~ere comes to t17,74,109/-, rounded off to t17,75,000/- per acre, and for Category '8' lands increasing the same by 2.5% the price comes

---.........

to fl8.2 lakhs per acre and further increasing by 2.5% the prices -- comes to f18.65.500/ nrr -rlFrP fnr -r~t.snnry -~fo!----ta-nds; and decreasing the said prices by 11% to reflect the price with reference to the sale qeed for the date 2.5.2001; the mean average price for Category 'A' lands in village Narela comes to f16,16,500/- per acre and decreasing the same by 2.5%, it comes to f15, 76,087- per acre for Category '8' lands. Noting that the learned Reference Court has, without any reasons, done away- with Catego~y 'B' lands and uniform price- awarded is f15,85,570/- per acre and since for Category '8' lands the price worked out by me is less by f9,000/- per acre which is meager amount, I hold that for Category 'B' lands the price determined would be as per the reference but for Category 'A' lands the

73. . .. land owners and cross.;.objections filed by the land owners in -----------'- ----·· .. .. -··· ·-···· appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Narela pertaining to the notification dated 2.5.2001 in sum of ~16,16,500/-per acre and as per the reference order for Category 'B' lands. Thus, appeals filed by the Union of India as also cross objections filed by Union of India ·as also such appeals \ r~ which relate to Category 'B' lands filed by land owners are di?missed and the ones i.e. the appeals and cross objections filed by the land owners pertaining to Category 'A' lands are ~ allowed as aforesaid and needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted~ except for the period where there is delay in filing the appeal, for which period of delay no

7-J interest on the enhanced compensation shall be paid. These appellants would be ent1tled to proportionate cost.

-----------Village- Holambi Kalan Notification dated 22.8.2001

74. With reference to the notification dated 9.8.2001 whPrPin witl1 effect from 1.4.2001-minimum price notified per acre is f15. 70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification Le. 22.8.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre comes to f17,74,109/-, rounded off to f17,75,,000/-per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to fl8.2 lakhs per acre and further increasing by 2.5% the prices comes to fl8,65,500/- per acre for Category 'A' lands; and decreasing the .said prices by 11% ·to refl-eet---t-he pr1ee with · reference to the sale deed for the date 22:8.2001; the mean average price for Category 'A' lands in village Holambi Kalan ------comes to f16, 74,500/- per acre and decreasing the same by 2.5%, it comes to f16,32,637 .50 per acre for Category 'B' lands._ Noting that the learned Reference Court has, without any reasons, done away with Category '8' lands and uniform price awarded is ~16,43,811/- per acre, the price differential worked -out by me comes to meager f9,000/- per acre and thus qua ~-Category 'B' lands I maintain the amount awarded by the learned Reference Court.75. All Land Acquisition Appeals filed by the Union of India and cross objections wherever- filed by Union of India ih the appeals filed by land owners in respect whereof grid has been -prepared and labeled as 'GRID-F' & 'GRID-G' hereinabove are dismissed.

76. All Land Acquisition Appeals file~t by Jhg_J~Dd owners and cross-objections filed by the land owners in appeals filed by

LA.App.No.266/2008 & connected matters •

Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Holambi Kalan pertaining to the notification dated 22.8.2001 in sum of ~16, 74,500/- per acre and for Category 'B' lands the compensation awarded at ~16,43,811/- per acre is maintained and thus such appeals or cross references which pertain to Category '8' lands are dismissed.

77. Pertaining to such appeal where the compensation stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the· judgment reported as Sunder Vs. UOI 2001 (93~ DLT 569 shall be granted, except for the period where there is delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross . objectors would be entitled to proportionate cost .

. Village Ali Pur Notification dated 22.8.2001

78. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2001 minimum pri~e notified per acre is f15.70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 22.8.2001 and with reference to the· sale deed dated 25.5.2002 ·wherein for Category 'C' lands, land price per acre comes to ~17, 7 4,109/-, rounded off to =tl7, 75,000/"' per acre, and for Category 'B' lands increasing the same by 2.5% the ·price comes to ~18.2 lakhs per acre and further increasing by 2.5% the prices· comes to ~18,65,500/;. per acre for .Category 'A' lands; and . .. .,.. decreasing the said prices by 11 o/o to ·reflect the price with reference to the sale deed for the date· 22.8.2001; the mean average price for Category: -·~nds in village A!i Pur comes to ~16, 74,500/- per acre and decreasing the same by 2.5%, it . ' comes to ~16,32,637 .50 per acre for Category '8' lands .. Noting

~~~-~--~~:7:}~}~~taffl --

~~~:-!~tthe1earneo~et_~_!lce Court ~~~-~--~~:7:}~}~~taffl -reasonsJ done away with Category 'B' lands, and uniform price awarded is ~16,43,811/- per acre, the price differential worked out by me comes to meager ~9.000/- per acre and thus qua Category '8' lands I maintain the amount awarded by the learned Reference Court.

79. All Land Acquisition Appeals_ fi!ed by th-e Union of India ' -in respect whereof grid has been prepared and label~d as 'GRID~ H' hereinabove are dismissed. I note that land owners have not filed any appeal challenging the decision of the Reference Court. 80. There shall be no order as to costs.

-Village Hofatnbi Khurd N-otification dated 22.8.2001

·,~_ 81. With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2001 minimum price-- notified per acre- is f15. 70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification_ i.e. 22.8.2001 and with reference to the sale deed .dated 25.5.2002 wherein for Category 'C' lands, land price per acre comes to ~17,74,109/-, rounded off to f17,75,000/-per acre,- and for Category 'B' lands increasing the same by 2.5% the price comes · to ~18.2 lakhs per acre and further increasing by 2.5% the prices comes to ~18,65,500/- per acre for Category 'A' lands; and-decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 22.8.2001; the mean average_price __ fo!: __ .ca.teg.ory 'A' lands in village Holambi Khu-rd comes to ~16,74,500/- per acre and decreasing the same by 2.5%, it comes to ~16,32,63].50 _ _p_er_acrefor Category 'B' lands. ------tiNmo""""tmg ·ffiar-·rneTearned Reference Court has, without ·any _ _ __ ___ reasons-l'- done_ away with Category 'B' lands and uniform price ayvarded- is ~16,4-3,811/- per acre, the price differential worked 6"l1t by me comesto meager t9,000/- per acre and thus qua

--------L

LA.App.No.266/2008 & connected matters

Category 'B'. lands I maintain---the amount awarded by· the

learned Reference Court.

82. The appeal filed by. the Union of India in respect whereof grid has. been prepared and labeled as 'GRID-I' hereinabove is dismissed. I note that land owners have not filed any appeal challenging the decision of the Reference Court.

83. There shall be no order as to costs. Village Rajapur Kalan Notification dated 22.8.2001 84. With reference to the. notificati-on dated 9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is ~15. 70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i.e. 22.8.2001 and with ·reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre tomes to ~17, 7 4,109/-, rounded off to· ~17, 75,000/-per acre, and for Category '8' lands increasing the same by 2.5o/o the price comes to ~18.2 lakhs per acre and fu.rther increasing by 2.5% the prices comes to ~18,65,500/- per acre for Category 'A' lands; and decieasing the said prices by 11 o/o to reflect the price. with reference to the sale deed for the date 22.8.2001; the mean average price for Category 'A' lands in village Rajapur Kalan comes to ~16,74,~00/- per acre and decreasing the same by . 2.5o/o, it comes to ~16,32,637.50 per acre for Category '8' lands. Noting that the learned Reference Court has, without any reasons, done away with Category '8' lands and uniform price ...,. ··-··-·-·---. awarded --··-···-··· is ~16143,811/-·- . per acre, the price differential worked _out by me comes to meager ~9,0001~ ._per..a_cre __ and thus qua Category '8' lands I maintain the amount awarded by. the learned Reference Court.

85. All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of india· in the

------------- ---

~ats~:_fi-h:iifb-Y::-tand~owners-irr-re-spe-ct Whereof grid has been prepared and labeled as 'GRID-J' hereinabove are dismissed .. 86. All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by _decreeing compensation payable for Category 'A' lands in village Rajapur Kalan pertaining to th~ notification dated 22.8.2001 in sum of f16, 74,500/- per acre and for Category 'B' lands the compensation awarded at f16,43,811/- per acre is maintained and thus such appeals or cross references which pertain to Category -'8' lands are dismissed.

87. Pertaining to such appeal where the compensation · stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be _ entitled to proportionate cost.

Village Sanoth Notification dated 7.12.2001

88. With reference to the notification dated 9.8.2001 ~ wherein with effect from 1.4.2001 minimum price notified per a~re is f15. 70 lakhs per acre and requiring saiq price to be _ suitably updated to reach the da_te of the notification i.e. 7.i2:io-oi and with reference to the' sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre comes to ----~f~1L...7L-!7--=4~10_9.l::...:__r6u_o_ded o_ff to f17,75_._QQO/- per acre; and for Category 'B' lands increasing the same by 2.5°/o the price comes -----------------------: to f18.2 lakhs per acre and further increasing by 2.5o/o the prices comes- to f18,65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with

LA.App.No.266/2008 & connected matters

reference to the sale deed for the date 7.12.2001; the mean average ~--~i~_~fo~ <:~tego~y 'A' lands in village Sanoth comes to f17 ,29,500/- per acr,e. Noting that all lands in village Sanoth as per the award and as per the Reference Court are of same value I hold that for acquired lands in village Sanoth for the . notification· dated 7.12.2001 the 'land owners would be entitled to the enhanced compensation in sum of f17,29,500/-.

89. All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India ir.l the appeals filed by land owners in respect whereof grid has been prepared and labeled as 'GRID-K' hereinabove are dismissed. 90. All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by -~--------------·-- ·-Union of India are allowed by granting compensation in sum of ~17 ,29,500/-and needless to state on the enhanced compensation statutory benefits. as per the Land Acquisition Act . 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where ·there is delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost.

Village Shahpur Garhi Notification dated 16.5.2002

91. Pertaining to village Shahpur Garhi, as held by me hereinabove the land price would have to be determined with reference to the sale deed dated 20.5.2002 and for which land price for Category ··,A, lands has been determined by me at ~18,65,500/- per acre and since there is just difference of 4 days between -the date of sale and the notification I maintain that fo·r the notification in question dated 16.5.2002 the land owners are entitled to compensation at the rate of ~18,65,500i-

LA.App.No.266/2008 & connected matters

per acre and I highlight that as per the award ancrme teTetence aU lands are in the same category. Appeals and crq~_s objections filed by the land owners as per the· 'GRID-L' are allowed and needless to state on. the enhanced compensation the land· . owners would be entitled ·to all statutory benefits a~ per the Land Acquisition Act 1894 · as interpreted in the judgment reported as Sunder Vs. UOI 2001 {93) DLT 569 except that in · . such~ appeals- or cross objections filed by tand owners where there is delay, no interest would be paid for the period of delay. Proportionate cost~ stand awarded. Appeals- and cross objections filed by Union of India are dismissed.

Village Shahpur . Garhi Notification . dated . 23.5.2002

92. Pertaining to the notification dated 23.5.2002 pertaining to village Shahpur Garhi, noting that the date of the sale deed and the notification has differential of only 3 days I hold that pertaining to this notification, since land is of same category, the land owners would be entitled to compensation at the rate of ~18,65,500/- with statutory benefits as per the Land Acquisition Act 1894 as interpreted in the decision reported· as Sunder Vs. UOI 2001 (93) DLT 569 except in such appeals or cross objections filed by land owners where there is delay, no_/ interest would be paid for the period of delay. Proportionate costs stand awarded. All such appeals and cross objections by land owners as· per 'GRID-M' stand allowed as aforesaid and all appeals and cross objections filed by Union of India. are dismissed.

Village Holambi Kalan Notification dated 23.5.2002

93. As noted by me pertaining to the notification dated 23.5.2002 relating to village Holambi Kalan all lands have been . treated in the same category by the learned Land Acquisition

LA.App.No.266/2008 & connected matters

Collector and the learned Reference Court. The learned Reference Court has awarded__ co_rnpensation in 51 1m a( ~22,14,239/-per acre which I have found to be . excessive inasmuch as for the date 23.5.2002 I have held that fair market value would be ~18,65,500/- per acre and thus all appeal? and cross objections fileq by the land owners as per 'GRID-N' are dismissed and appeals and cross objections filed by Union of India are allowed by modifying the impugned decree passed by the learned Reference Court and reducing the compensation payable to ~18,65,500/- per acre on which, needless to state, with reference to the enhanced pri-ce with reference. to the award the statutory benefits already granted stand maintained. No costs.

Village Ali Pur Notification dated 23.5.2002

94. Pertaining to the notification dated 23.5.2002 relating to village Ali Pur,· for parity of reasons qua the said notification relating to village Holambi Kalan and Shahpur Garhi I determine fair . . market value payable . at fl8,65,500/- per acre and thus all appeals and .. cross objections filed by Union of India as ·per 'GRID-0' are dismissed and all appeals and cross objections filed by _land owners as per said Grid are allowed by enhancing the compensation payable to fl8,65,500/-per acre on which statutory benefits as per Land Acquisition Act as interpreted in the judgment reported as Sunder Vs. UOI 2001 {93) DLT 569 -···--------------·-·· -· .. shall be· paid save and except in such appeals or cross objections where there is delay, interest would not be paid fot the period of delay. Proportionate costs as well.

Village Sanoth Notification dated 27.1.2003

95. Pertaining to the appeals and cross objections by the land owners and Union of India as per 'GRID-P' pertaining to the notification dated 27.1.2003 relating to village Sanoth, I note

that the learned Land Acquisition Collector has pjaced the lands in 3 categories and I find that th~ learned Reference Court has without any discussion held the lands· as of uniform category . while awarding compens-ation.

96. On the mean average basis which I have been following by increasing the price as of 1.4.2001 with reference to the notification issued by the Government as also by increasing the· same with 'refer-e-n-ce-to the .sale deed dated 20.5.2002 and taking the mean average, for Category 'A' lands the price comes to ~19,43,~_Q_Q_l_:~_p_~ ___ acr~~-_ng_ for Ca~egory ·~~- land the price --~P_fJl_~? to ~18,94,912.50 per acre and for Category 'C' lands the I . pri~e comes to tl8,47,539.68 . per . acre. I find that the learned Reference Court has uniformly determined fair market value at t19,13,765/~ and thus such appeals or cross objections which have been filed by land owners the same have to be dismissed in so far they pertain to Category '8' and Category 'C' lands and similar would be the fate of appeals and cross objections filed by L!nion of India pertaining to Category 'A' lands. The said-appeals and cross objections as per 'GRID-P' are dismissed. Appeals and cross objections filed by land owners pertaining to Category 'A' lands are allowed by decreeing compensation payable in sum of t19,43,500/- per acre and needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as interpreted in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 $m~H be paia--·sa\/e and except in such appeals and cross objections where there is delay, interest would not be paid for the period of delay. Proportionate costs as well. The appeals and cross objections filed by Union of India pertaining to Category '8' and Category 'C' Ia nos are allowed by nv'lrlify-ing the-----Fe+ataele- decree in the R-eference Order by reducing the compensation for Category 'B' land to

,-.--J ------ --------

LA.App.No.266/2008 & connected matters

Page 72 of74

.~· I .:...._-,-_

-~18,94,912.50 per acre and for Category 'C' land ·to

---'-~18;4 7,539.68 pe_r acre.

Village Rajapur Kalan Notification dated 27.1.2003

97. .For parity of reasoning as per para 96 above pertaining to village Sanoth, similar corrective action is to be requi.red pertaining to lands acquired pursuant to . notification dated 27.1.2003 relating to village Rajapur Kalan and where 1 find that the learned Reference Court ·has in some cases awarded compensation in sum of ~19,13,765/- per acre a·nd in some cases at ~19,16,040/- per acre by treating all lands of uniform category. On the mean average basis which r have been following by increasing the price as of 1.4.2001 with reference. to the notification issued by the Government as also by increasing the same with r~feren~e to the ·sale deed dated 20.5.2002 and taking the mean average, for Category ;A' landsi - ···-the price comes to-~19,43-~500/- -per acre and-for Category 'B' land the price comes to ~18,94,912.50 per acre and for Category 'C' lands the price comes to ~18,47,539.68 per acre. Thus such appeals or cross objections • which have been filed by land: owners the same have to be dismissed in so far they pertain to Category 'B' and Category 'C' lands and similar would be the fate of appeals and cross objections filed by Union of India pertaining to Category 'A' lands. The said appeals and cross· objections as per 'GRID-Q' are dismissed. Appeals and cross objections filed by land owners pertaining to Category 'A' lands are allowed by decreeing compensation payable in sum of ~19,43,500l· per acre anct··needtes·s-·to---state-on tl•e··enhanced compensation statutory benefits a~ per the Land Acquisition Act 1894 as interpreted in the judgment reported as ~under Vs. · UOI · ··-- :2001·--t93t---et:=F--5-69 sh-all ·be paid s·ave and except in·· such appeals and cross objections where there is delay, interest ·

---wo_uld not Q_~ paid for the period of delay. Proportionate costs ·as well. The appeals and cross objections filed by Union of India pertaining to Category '8' and Category 'C' lands are allowed by modifying the relatable decree in the Reference- Order by ----- ---_ reducinq the - compensation ----fer-----Category-'8' land to -f18,94,912.50 per acre and for - Category 'C' · land to f18,47,539.68 per a<;:re. ~a1 . (PRADEEP NANDRAJOG) JUDGE C<C._ -i ---,---AUGUST 23, 2011 mm/dk . ----------------------------------- -----r:·, /

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