The court established that compensation for acquired land must reflect its urbanized market value rather than agricultural rates, ensuring fair compensation rights under the Constitution.

JUDGMENT

Vipin Sanghi, J. (Oral)--The petitioner has preferred the present writ petition to seek writ to a quash and set aside the award No. 05/2013-14 dated 27.12.2013 inasmuch, as, the Land Acquisition Collector (LAC) has fixed the market value of the land of the petitioner at the minimum rate fixed by the Government for agricultural land, i.e. at the rate of Rs.53 lacs per acre. The petitioner seeks a direction to the respondent to refix the market value of the land of the petitioner while taking into consideration that it is urbanised land, and land use is non-agricultural/urban/residential, after giving the opportunity to the petitioner to file his claim for fixing market value, and after granting an opportunity of hearing.

2. The background facts of the case are that the land in question was initially notified under Section 4 of the LAND ACQUISITION ACT , 1894 on 13.11.1959. After the said notification, the petitioner purchased the land on 07.06.1960 in an auction. On 23.05.1963, the Delhi Municipal Corporation - with prior sanction of the Government of India, issued a notification under Section 507 of the Delhi Municipal Corporation Act, 1957, whereby, Mehrauli - where the land in question is situated, ceased to be a rural area and it was included and form part of the urban area.

3. Thereafter, on 02.01.1969, the notification under Section 6 of the LAND ACQUISITION ACT was issued in respect of land measuring to 242 bighas in Mehrauli, which included the land in question.

4. On 17.01.1983, Award No. 60/1983 was announced by the LAC in respect of land falling in Mehrauli, Delhi, including the land in question.

5. The acquisition of land was challenged by the petitioner by filing W.P. (C) No. 753/1983 tiled B.S. Tolani Vs. UOI.

6. On 23.09.1986, this Court quashed the notification issued under Section 6 of the LAND ACQUISITION ACT in respect of the land of the petitioner, and also quashed Award No. 60/1983 dated 17.01.1983 qua the petitioner.

7. On 22.09.1995, by a notification issued by the Government of India, Ministry of Urban Development, area admeasuring 25.48 Hactares (62.39 acres) falling in Division F Zone of the master plan, bounded by Sultan Garhi Tomb in the North, 75 meter wide Road in the North-East (Mehrauli-Mahipalpur) and rural area in the South and West, was changed from "Rural Zone" to "Residential" use. The petitioner states that the land in question is located in Zone F and is near Mehrauli-Mahipalpur Road. The petitioner claims that the land use of the petitioner's land is residential as per master plan, and the same forms part of the urban area.

8. On 26.11.1997, the L&B Department denotified various pockets and colonies under section 12 of the DELHI DEVELOPMENT ACT , 1957. Vasant Kunj and Mehrauli are mentioned at serial No 174. Therefore, the petitioner claims that the land of the petitioner came under the jurisdiction of the Delhi Municipal Corporation.

9. On 24.01.2008, the minimum rate of agricultural land for acquisition was fixed at Rs.53 lacs per acre. The circle rates were increased on 16.11.2011 and 04.12.2012, but circle rates for agricultural land were not increased by the Government.

10. In respect of adjoining land belonging to one Shri Hansraj Gupta - possession of which was taken over in pursuance of the same acquisition proceedings (as were undertaken in respect of the petitioner's land), the respondent was directed to restore possession to Shri Hansraj Gupta. Since possession of the land was not restored, he preferred CCP No. 349/2011.

11. As a result of the said action, the respondent issued a f