. . 4' * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22n, July, 2011 + LA.APP. 848/2008 MIR SINGH DECEASED THRU LRs & ORS. ... Appellants Through: Mr.Deepak Khosla, Advocate Versus UOl THRU LAC ... Respon1dents Through: Mr.Sanjay Poddar, Standing Counsel (LA), GNCTD AND LA.APP.849/2008, LA.APP.85 1/2008, LA.APP.852/2008, LA.APP.854/2008, LA.APP.334/2009, LA.APP.335/2009, LA.APP.337/2009, LA.APP.338/2009, LA.APP.343/2009 & CM APPL.11494/2009 (Cross Objections), LA.APP.345/2009, ./tA.APP.7/2010 1 LA.APP.475/2010 AND LA.APP.656/2010 Through: Mr.S.K.Rout, .Mr.B.D.Sharma and Mr.BK.Routray, Advocates for appellants in LA.App.No.656/2010 Mr.S.K.Rout, Mr.B.D.Sharma and Mr.B.K.Routray, Advocates in LA.App.No.475/2010 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG Whether the Reporters of local papers may be allowed to see thejudgment? To be referred to Reporter or not? Whether the judgment should be reported in the Digest? PRADEEP NANDRAJOG, I. (Oral) - I LA.App.No.848/2008 & connected matfers Page 1 of 5 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 1.. Concerned with a notification dated 13.10.1980 issued. under Section 4 of the Land Acquisition Act which resulted in an award No.12/82-83, learned Land Acquisition Collector determined market value of agricultural lands in village Neelwal @ 2,500/- per 'bigha. ' A perusal of the award would reveal that the learned Land Acquisition Collector had no evidence of any. sale • transaction in the village as also the adjoining village Hiran Kudna. He had one sale deed pertaining to the next adjoining village i.e. Dichaun Kalan, and treating the same to be the evidence, the Land Acquisition Collector épined that value of agricultural land in village Dichaun Kalan would be U,000/- per bigha, which was opined, to be the fair market value of agricultural land in the adjoining village Hiran Kudna as well. But, keeping 'in view the situational and locational advantage of the revenue estate of village Neelwäl, the learned Land Acquisition Collector, determined !2,500/- per bigha as the fair • ma'rket value of land in village Neelwal as of 13.10.1980. It stands out that vis-a-vis village Hiran Kudna and village Neelwal the Land Acquisition Collector determined the market value in the ratio 2,000/- : 2,500/-, which converts itself into the ratio 4:5. The land owners were not happy with the fair market value determined and sought reference under Section 18 of the Land Acquisition Act. When the reference was pending, LAC No.14/1986 was decided by Sh.Padam Singh 'ADJ. Delhi on 31.5.1989 in which,, with reference to the lands of village Mundka, which adjoins village Hiran Kudna, fair market value of land in village LA.App.No.848/2008 & connected matters Page 2 of 5, Hiran Kudna as of 31.10.1980 was determined at fl0,750/- per bigha. Taking that to be the basis and observing that as per the award the lands in village Neelwal were sitautionally better located and this situational advantage gave the price • advantage in the ratio 4:5, learned Reference Court held that in the same proportion the enhancement needs to be granted, but whileso doing, for unexplainable reasons, reach the figure • 12,990/- which has been awarded. It may be highlighted that increased on the ratio 4:5, the sum of 10,750/- stands enhanced to T13,437.50 and nôtfl2,900/- (U0,750/- x 5 + 4 = U3,437.50). The map of Delhi would reveal, as also the award in question confirms,, the fact that agricultural lands of village Neelwal are abutting towards the North and the South of agricultural lands of village Tikri Kalan. Pertaining to a notification dated 10.1.1980 issued under Section 4 of the Land Acquisition Act, vide judgment and order dated 16.4.1996, deciding RFA No.430/1987 Nafey5/ncjh Vs. UQI a Division Bench• of this Court has held that fair market value of agricultural lands in village Tikri Kalan as of .10.1.1980 would be U5,200/-. The said decision has attained finality. Since it being settled law that while determining fair market value of land mathematical precision, would be an impossibility and that on broad probable factors, with reference to empirical data, fair market value has to be' determined, I hold that in view of the evidence discussed by the Land Acquisition Collector,as also the learned Reference LA.App.No.848/2008 & connected matters . Page 3 of 5 Court, pertaining to agricultural lands in village Neelwal, we would have the position that on one side of the villae is another village which is situationally disadvantaged and for • which fair market value wQrked out as of 13.10.1980 Js 10,750/- per bigha and on the other side we have a village i.e. Tikri Kalan which is situationally better advantaged, and for which, as of 10.1.1980 this Court has determined fair market value at 15,200/- per bigha, for the date 13.10.1980, • increasing the price by 10% the fair market value quasaid village would come to 16,300/-. The mean average of the two would be a just and a fair determination of the market valje of lands in village Neelwal which would be13,437 + U6,300 + 2 = 14,868/- per bigha. I highlight that the sum of 13,437/- is the figure which worksout as per the reasoning of the learned Reference Court as explained in para 6 and 7 above and 16,300/- is the figure worked out with reference to the price of land in village Tikri Kalan. The village with the lesser price is situationally • disadvantaged and the one with the better pricé is situationally advantaged and hence the mean average. But I note the contention of Mr.Sanjay Poddar, learned counsel for the Union and reject the same. Learned counsel urged that pertaining to a notification dated 14.7.1982 •deciding RFA No.777/1987 Ra/yal Vs. UO/ (decided on 13.2.2005), a Division Bench of this Court assessed fair market value of land in village Dichaun Kalan at 12,500/- per bigha. Counsel states that depressing said price by 10% till the date 13.10.1980 i.e. the date of the notification with which I am • concerned, the price comes to U0,000/- per bigha and since LA.App.No.848/2008 & connected matters Page 4 of 5 P 11nds in village Dichaun Kalan are loctionally disadvantaged vis-a-vis village Neelwal on the ratio 4:5 the value as per 1 said dcision could be enhanced to 12,500/- and with reference to the decision in Nafey Sincjh's case, the mean average Would ork out to U6,300/- + 12,500/- 2 = 14,400/- per big.ha. 13. I have worked out the fair cornpensatiok to 14,868/- per bigha and since exactness can never be achieved with 100% precision, I adopt the figure worked out by • rile.. if. Appeal filed by the Union of India, being Li.App1Nos. 334/2009, 335/2009, 337/2009, 338/2009, 343/20O9 345/2009 and 475/2010 are dismissed. 15. LA App.Nos. 848/2008, 849/2008, 851/2008, 82/2008, 854/2008,. 7/2010 and 655/2010 and CM No.11494/2009 (Cross Objections) in LA App.No.343/2009 are allowe9 directing that decree be drawn awarding compensation to the land owners @ 14,868/- per bigha. On the enhanced compensation the land owners would be entitled • to statutory benefits under the Land Acquisition Act as explained in the decision of the Supreme Court reported as 93 (2001) bLT 569 Sunder Vs. UOI. Plus proportionate costs. (PRADEEPNANDRAJOG) JUDGE JULY 22, 2011 mm LA.App.No.848/2008 & cormected matters Page 5 of 5