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IN THE HIGH COURT OF DELHI
Anu Malhotra, J.
Ved Prakash Decd - Appellant
Versus
Union of India - Respondent
LA.APP. 691 of 2011 and CM Appl. Nos. 6239 of 2018, 10341 of 2018 and 43237 of 2021 and LA.APP. 696 of 2011 and CM Appl. Nos. 19493 of 2022 and 19494 of 2022 etc.
Decided On : 25-11-2022




Market value for land compensation must be based on robust evidence, comparable sales, and regular valuation assessments without influence from disputes or unsupported assertions.

Headnote:(A) Land Acquisition Act, 1894 - Sections 4 and 6 - Appeals against land acquisition compensation - Various notifications issued for land acquisition for Mass Rapid Transit System - Compensation awarded varied by the Land Acquisition Collector and endorsed by the Reference Court to Rs.28,351/- per sq. meter with 30% solatium under Section 23 - The petitioners claimed enhancement citing comparable sales and market rates, which were evaluated alongside the documents provided in evidence.

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

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