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2010 Supreme(Del) 476

IN THE HIGH COURT OF DELHI AT NEW DELHI
HON'BLE MS.JUSTICE HIMA KOHLI
IN THE MATTER OF : BHULE RAM ..... Appellant
versus
UNION OF INDIA & ORS. ….. Respondents
LA.A No.173 of 2007 with LA.A. Nos. 164/2007, 165/2007, 166/2007, 167/2007, 168/2007, 169/2007, 170/2007, 172/2007, 175/2007, 177/2007, 178/2007, 179/2007, 180/2007, 181/2007, 182/2007, 183/2007, 184/2007, 186/2007, 187/2007, 189/2007, 190/2007, 192/2007, 193/2007, 200/2007, 203/2007, 204/2007, 205/2007, 206/2007, 207/2007, 209/2007, 210/2007, 211/2007, 213/2007, 224/2007, 233/2007, 272/2007, 278/2007, 281/2007, 294/2007, 375/2007, 1125/2008, 68/2010 and 47/2010.
Decided on : 03.06.2010

Advocates appeared:
Mr. Deepak Khosla, Advocate for the appellants in LAA 164/2007, 165/2007, 166/2007, 167/2007, 168/2007, 169/2007, 170/2007, 172/2007, 173/2007, 175/2007, 177/2007, 178/2007, 179/2007, 180/2007, 181/2007, 182/2007, 183/2007, 184/2007, 190/2007, 192/2007, 193/2007, 200/2007, 210/2007, 211/2007, 213/2007, 224/2007, 233/2007, 272/2007, 278/2007, 281/2007, 294/2007, 375/2007, 1125/2008, 68/2010 and 47/2010. Mr. Om Prakash, Advocate for the appellants in LAA 186/2007, 187/2007, 189/2007, 203/2007, 204/2007, 205/2007, 206/2007, 207/2007 and 209/2007.
Mr. Sanjay Poddar, Advocate with Mr.Ramesh Ray, Advocate for the respondent/Union of India. Mr. S.K.Taneja, Sr. Advocate with Mr. Puneet Taneja and Mohd. Asgar Ali, Advocates for respondent/NTPC.

Headnote:

Land Acquisition Act, 1894 - Sections 54, 17-A, 18 & 23 - Compensation Acquisition of land in village Aali - Rural area - No evidence brought on the record of any extraordinary development or increase in the land prices of the area - Nor is there any evidence produced by respondent/UOI to show complete stagnation of land price only because it was agricultural in nature - In the absence of clear and specific evidence indicating the real increase in prices, the escalation in price of land in village Aali, can be reasonably ascertained by making October 1992, the base year and adopting the method of calculating the year to year increase on a cumulative increase basis, by applying a cumulative rate of escalation - This Court is of the view that providing escalation of 10% p.a. over the 1992 land price determined in the case of Nirmal, would be reasonable and adequate to arrive at the fair market value of the acquired lands - As the rate of the land was determined at Rs. 6,51,000/- per acre in the base year 1992, and the cumulative rate of increase in land price in such a rural area would be 10 % p.a., while excluding the base year of the relied upon acquisition proceedings, the market value of the acquired land in the year 1996, would be Rs. 9,53,129.10 paise per acre - Solatium and additional amount awarded - Appeals party allowed.

JUDGMENT :

HIMA KOHLI, J.

1. This common judgment shall dispose of the appeals filed by the appellants under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act’), challenging the fixation of market value of the land acquired by the Land Acquisition Collector(LAC) situated in village Aali, pursuant to an Award No.4/1998-99 pronounced on 23.2.1999, after issuance of Notification under Section 4 and 17(1) of the Act on 31.10.1996, which ripened in a Declaration under Section 6 of the Act, issued on 26.2.1997. The total land acquired by the above Award measures 996 bighas and 8 biswas.

2. With the consent of the parties, LA.A No.173 of 2007 is being treated as the lead case. While learned counsel for the appellants, Mr.Deepak Khosla, addressed arguments on behalf of all the appellants, respondent/UOI was represented by Mr.Sanjay Poddar, Advocate, and Mr.S.K. Taneja, Sr. Advocate addressed arguments on behalf of respondent/NTPC.

3. The purpose of acquiring the land was for Planned Development of Delhi, namely, for construction of Ash Pond by respondent/NTPC. Under the Award No.4/1998-99, the market value of the land was fixed by Land Acquisition Collector at Rs.1,94,088/- per bigha, based on the minimum rate fixed by the Delhi Government for agricultural land, apart from solatium and other statutory benefits. While assessing the market value of the land in question on 30.10.1996, the LAC observed that there was no previous award in the preceding year, which could be referred to or taken into consideration. He declined to take into consideration two sale deeds of land measuring 1 bigha each, valued at Rs.4,20,000/-, executed in February, 1996 and relied upon by the claimants, on the ground that while the sale deeds were only for 1 bigha each, the acquired land was 1000 times more than that and there was a certain fall in the price when the land is taken in bulk, instead of smaller plots. Instead, the LAC relied on the policy of the Delhi Government dated 25.7.1997 which had fixed the corresponding appreciation of land @ 11.5% p.a. as market value so fixed on 30.5.1990, which was Rs.4,65,000/- per acre. Taking into consideration, the said minimum rate fixed under the aforesaid policy as the best factor to determine the market value, the LAC fixed the market value of the land @ Rs.1,94,088/- per bigha, as payable to the expropriated land owners.

4. Aggrieved by the said determination of market value of the land, the appellants filed a reference petition before the learned Additional District Judge under Section 18 of the Act. Vide judgment and order dated 23.08.2007, the learned Additional District Judge fixed the market value of the acquired land at Rs.1,96,940/- per bigha, apart from granting solatium and other statutory benefits, in terms of the judgment of the Supreme Court in the case of Sunder Vs. UOI reported as DLT 2001 (SC) 569. The said rate of the land was again determined by the learned Additional District Judge on the basis of the minimum rate fixed by the Government for agricultural land. But the enhancement in the market value of the land from Rs.1,94,088/- per bigha to Rs.1,96,940/- per bigha took place on account of an error of calculation detected in the assessment made by the LAC, resulting in a difference of Rs.2,852/- per bigha. Dis-satisfied by the judgment and order of the Reference Court, the appellants have filed the present appeals praying inter alia for enhancement of the compensation payable for the acquired land, by fixing the same as Rs.5,00,000/- per bigha (i.e., @ Rs.500/- per sq.yd. or @ Rs.24,00,000/- per acre), besides statutory benefits, including solatium and interest etc.

5. Counsel for the appellants assailed the impugned judgment and submitted that the Reference Court erred in discarding the two sale deeds pertaining to land situated in the same village, which were duly proved on record and were exhibited as Ex.P-1 & P-2. Ex.P-1 is a sale deed dated 28.2.1996 in res





























































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