$-166 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP.1049/2010 UNION OF iNDIA Appellant Through: Mr.Sanjay Poddar, Advocate w th MsDeepika, Advocate versus ACHLA GUPTA & ANR. Respondents Through: Mr.Arun Birbal, Advocate for DPA CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG ORDER % 08.07.2011 For orders, see LA.APP.No. 784/2005. PRADEEP NAN DRAJOG, J. JULY 08, 2011 • mm Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified LAAPP 79/2010, LAAPP 121/2010, LAAPP 122/2010, LAAPP 12512010, LA A PPI 164/2010, Lk APP 185/2010, LA APP 18612010, LA APP 200/2010, LAAPP 238/2010, LAAPP 239/2010 LAAPP 243/2010, LAAPP 244/2010, LAAPP 245/2010, LAAPP 247/2010, LAAPP 251/2010, LAAPP 252/2010, LA APP 266/2010, LA APP 267/2010, LA APP 273/2010, LAAPP 274/2010, LAAPP 275/2010, LAAPP 312/20101 LAAPP 324/2010, LA APP 326/2010, LAAPP 327/2010, LA APP 329/2010, LA APP 330/2010, LA APP 331/20101 LA APP 332/2010, LA APP 333/2010 with CM APPL No 5524/2011, LAAPP 33512010, LAAPP 367/2010, LAAPP 368/2010, LAAPP 369/2010, LAAPP 371/2010 & CM APPL No20099/2010, LAAPP 374/2010, LAAPP 375/2010, LAAPP 377/2010, LAAPP 379/2010, LAAPP 423/2016, LAAPP 452/2010, LAAPP 461/2010, LAAPP 472/2010, LAAPP 69412010, LA APP 696/2010 & CM APPL No 6340/2011, LA APP S 697/2010, LA APP 698/2010 & CM APPL 1734/2011, LA APP 706/2010 & CM APPL 17215/2010, LA APP 707/2010, LA APP 708/2010 LA APP 709/2010, LA APP 710/2010 with CM APtL No 2568/2011, LA APP 713/2010 with CM APPL No 7473/2010, LA APP 715/2010, LA APP 717/2010, LA APP 719/2010, LA APP 766/2010, LAAPP 796/2010, LAAPP 797/2010, LAAPP 798/2010, LAAPP 799/2010, LAAPP 818/2010, LAAPP 819/2010, LAAPP 829/2010, LAAPP 831/2010 & CM APPL 955/2011, LAAPP 832/2010 LAAPP 833/2010 & CM APPL 6392/2011, LAAPP 834/2010, LAAPP 842/2010, LAAPP e. 871/2010, LAAPP 874/2010, LAAPP 875/2010, ~ ' - '.tXAPP I. 876/20101 LAAPP 877/2010, LAAPP 878/20101 LAAPP 879/2010, LA APP 880/2010, LA APP 881/2010 & CM APPL6505/2011, LA APP 882/2010, LAAPP 883/2010, LAAPP 884/2010 LAAPP 886/2010, LAAPP 88812010, LAAPP 889/2010 & CM APPL2249/2011, LAAPP 890/2010, LAAPP 893/2010 & CM APPL 6750/2011, LA'APP 894/2010 & CM No23353/2010, LAAPP 895/2010, LAAPP 896/2010, LAAPP 897/2010 & CM APPL728/2011, LAAPP 903/2010, LAAPP LA APP 784/2005 & connected Page 2 of 19 -r'tt 2 The present decision concerns issue of fixation of f* market value of land in the revenue estate, of ViJage akkarw and village Mundka 3 The dates on which fair market value of the land has to be determined may be graphically noted as under - S No Name of Village Dat& of notification under . Section 4 of the LA Act 1 Bakkarwala 24 9 2003 2 BakkarwaIa 17 6 2005 3 Mundka 25 2 1997 4 Mundka 21 3 2003 5 Mundka 17 6 2005 4 It may be highlighted that the notification at serial No 2 hereinabove, pertaining to village Bakkarwala, is the same pursuant whereto lands were acquired in the revenue estate of Village Mundka, as per serial No 5 above 5 Abutting NH-b, leading from the city of Delhi to the township of Rohtak in the State of. Haryana, are villages Mundka, Ghevra and Tikri Kalan Village Baktarwala lies towards the other, side of the Southern boundary of village Mundka The difference between the topology of the two villages is, whereas theland of village Mundka abuts NH-b, that of village Bakkarwala does not so abut, being on the other side of the Southern boundary of revenue estate of village Mundka 6 As we proceed from the city of Delhi to the township of Rohtak, village Mundka is crossed first,followedbyviItage Ghevra and then village Tikri Kalan 7 Agricultural lands in village Mundka were acquired LA APP 784/2005 & connected Page 5 of 19 the price for one year @ 11 5% per annum This price was adopted for category A lands For lands ir category B, the value was further discounted by 90,000/- per acre Pertaining to the notifications dated 21 3 2003 and 24.9.21003, the Land Acquisition Collector relied upon the notification fixing the minimum price of agricultural land as of, 1 4 2001 and gave no benefit of enhancement with reference to the fact that the fair market value of the lands to be determined was as of 21 3 2003 and 24 9 2003 Even pertaining to he notification dated 17 6 2005 which required fair, market value of land to be determined in the revenue estate of village Bakkarwala and S yillage Mundka as of 17 6 2005, the Land Acquisition Collector determined the same with reference to the notification fixing minimum value of agricultural lands in Delhi as of 1.4.200.1 and gave no increase 11 Aggrieved by the determination of the fair market value of the lands by the Land Acquisition Collector, the land owners sought a reference under Secjtion 18 of the Land Acquisition Act 1894 and on the reference being made, vide various judgments and decrees, which re under challenge in the above captioned appeals, the Reference Court took corrective action, as per the view of the Reference Court, and enhanced the fair market value 12 In a nut shell, pertaining to the notification dated 25 2 1997 vide which agricultural lands in village Mundka were acquired, the Reference Court adopted the same notification as was adopted by the Land Acquisition Collector under which the LA APP 784/2005 &connected Page 7 of 19 Government of NCT 1hi had fixed the minimum value for a9ricultural lands in Delhi e 1A. 1997, but as against the Land Acquisition Collector depressing the pride @ 11 5% for full one year, adopting the percentage 11 5, decreased the value by only 34 days inasmuch as the date iith reference whereto Governmeflt had notified the minimum alue was 1 4 1997 and the notification under Section 4 of the Land Acquisition Act was dated 25 2 1997 This was the value fixed for category A lands and for category B lands, with reference to the values for category A land depressed the same by 90,000I- per acre 13 Thus, for category A lands the Reference Court determined the fair market value @ !9,89,288/- per acre and for S category B land the same was determined @ 8,99,288I- per acre 14 Pertaining to the notification dated 21 3 2003 and 24 9 2003 whereunder agricultural lands in village Mundka and village Bakkarwala respectively were acquired, the Reference Court took note of the fact that after the Government had notified the minimum rates for agricultural lands in Delhi a s of J . 1 4 2001 the next lrevi.sibn was as of 30 8 2005 Using the said dates and the minimum price notified by the Government ofNCT Delhi, th&IIReference Court adopted the principle of mean average What the Reference Court did iWas. to adopt the value as of 1 4 2001 and increasing the same by 10% per annum determined the enhanced price a s'.of 21 3 2003 as 1also 24 9 2003 Thereafter the Reference Court took the vlue notified as of 30.8..2005 and depressing the same by 10% per LAAPP784/200&connected Page 80119