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2022 Supreme(Del) 777
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Ved Prakash Decd. Thr. Lrs. - Appellant
Versus
Union of India & Ors. - Respondents
LA.APP. Nos. 691, 696, 701, 702, 711, 712, 700, 713, 717 of 2011, 29 of 2012, LA.APP. Nos. 208, 209, 212, 213, 214, 216, 48, 59, 90 of 2014 and CM Appl. Nos. 6239 of 2018, 10341 of 2018 and 43237 of 2021 and 19493 of 2022 and 19494 of 2022, CM Appl. Nos. 6130, 6137, 6138, 6273, 2973, 6300, 6648, 2148, 6277, 3735, 3276, 3277, 3716, 3718 of 2014, 31989 of 2022 and 31990 of 2022, 6243 of 2018 and 10342 of 2018
Decided On : 25-11-2022
For the Appellant : Mr. Ishaan Chawla.
For the Respondent:Mr. Sanjay Kumar Pathak, Mr. Pradeep Dewan, Sr. Advocate With Ms. Swati Bhardwaj, Mr. Tarun Johri and Mr. Ankur Gupta.
Point of Law: Market value of land could under no circumstances be more than amount awarded by Land Acquisition Collector.
Headnote:
Civil Procedure Code, 1908 - Order 41 Rule 27 - Land Acquisition Act, 1894 - Section 4, 18, 19, 23 - Documents sought - LA Appeals - Compensation - Applications under Order 41 Rule 27 of CPC filed by Union of India which vide order have been disposed of to effect that their documents sought to be placed on record were being taken on record with their evidentiary value to be considered at time of consideration of appeals.
Finding of the Court :
Contentions raised by Union of India and DMRC also that market value had been incorrectly assessed by Reference Court and ought to be reduced, can also not be accepted in view of factum that Reference Court has taken into account comparable rate of land market value of land situated at 1, Flagstaff Road, Civil Lines, Delhi as being meter and also taken into account average of all sale instances put forth by appellants which had come forth to be approx. and thus, taken an approximation of sale instances to conclude that EX.PW4/C showed most appropriate sale price per sq. meter, contentions both of Union of India and DMRC seeking a reduction in rate of assessment of market value of lands in question in also declined.
Results : Disposed of.
JUDGMENT :
Anu Malhotra, J.
Applications for Condonation of Delay
1. The applications for condonation of delay filed by the land owners, Union of India and the DMRC have been considered and delay condoned vide orders dated 24.11.2011, 25.11.2011, 17.11.2011, 09.12.2015, 06.08.2014, 13.02.2012 and 14.01.2022. Applications under Order 41 Rule 27 of the CPC filed by the Union of India which vide order dated 19.03.2015 and 06.07.2022 have been disposed of to the effect that their documents sought to be placed on record were being taken on record with their evidentiary value to be considered at the time of consideration of the appeals.
Appeals
2. LA.APP. 691/2011 is the lead case.
3. The LA Appeals bearing numbers LA.APP. 691/2011, LA.APP. 701/2011, LA.APP. 29/2012, LA.APP. 696/2011, LA.APP. 711/2011 and LA.APP. 712/2011 are appeals filed by persons whose land, pursuant to notification No. F.7(26)/2000/L&B/LA/13537 dated 15.12.2000 under Section 4 of the LA Act, 1894 and declaration vide notification No.F.7(26)/2000/L&B/LA/MRTS/16126 dated 14.02.2001 under Section 6 of the said enactment, was acquired by the Government for construction of Mass Rapid Transit System, and the Land Acquisition Collector assessed the market value of the land and awarded the compensation @ Rs.9,900/- per sq. meter, pursuant to which the reference under Section 18 of the Land Acquisition Act, 1894 was made by the persons whose land was acquired situated at Chhatra Marg, Mall Road, Civil Station and Kingsway Camp, Delhi.
The LA Appeals bearing numbers LA.APP. 700/2011 and LA.APP. 717/2011 are appeals filed by persons whose land, pursuant to notification No. F.7(35)/95/L&B/LA/11/5316 dated 12.06.1997 under Section 4 of the LA Act, 1894 and declaration vide notification No. F.7(35)/95/L&B/LA/11/8918 dated 28.07.1997 under Section 6 of the said enactment, was also acquired by the Government for construction of Mass Rapid Transit System, and the Land Acquisition Collector assessed the market value of the land and awarded the compensation @ Rs.6,300/- per sq. meter, pursuant to which the reference under Section 18 of the Land Acquisition Act, 1894 was made by the persons whose land was so acquired situated at Sham Nath Marg, Delhi.
The LA Appeals bearing numbers LA.APP. 713/2011 are appeals filed by persons whose land, pursuant to notification No. F.7(35)/95/L&B/LA/Vol. VIII/12212 dated 12.11.1999 under Section 4 of the LA Act, 1894 and declaration vide notification No. F.7(35)/95/L&B/LA/Vol. VIII/14861 dated 18.01.2000 under Section 6 of the said enactment, was also acquired by the Government for construction of Mass Rapid Transit System, and the Land Acquisition Collector assessed the market value of the land and awarded the compensation @ Rs.6,930/- per sq. meter, pursuant to which the reference under Section 18 of the Land Acquisition Act, 1894 was made by the persons whose land was so acquired situated at Sham Nath Marg, Civil Station, Delhi.
4. Vide the award dated 14.07.2011, the learned ADJ-02,
vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 15/1/06 forming subject matter of LA APP.691/2011;
vide award No. 7/DCN/2001-2002 in relation to Chhatra Marg, Civil Station qua LAC 298/1/06, which is the subject matter of LA APP. 701/2011;
vide award No. 7/DCN/2001-2002 in relation to the Chhatra Marg, Civil Station qua LAC 297/1/06 forming subject matter of LA APP. 702/2011;
vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 20/1/06 forming subject matter of LA APP. 711/2011;
vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 18/1/06 forming subject matter of LA APP. 712/2011;
vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 14/1/06 forming subject matter of LA APP. 29/2012,
vide award No. 7/DCN/2001-2002 in relation to Kingsway Camp, Mall Raod qua LAC 387/1/06, forming subject matter of LA APP. 696/2011;
vide award
