Dayanand v. Union of India & Anr

ORDER

23.08.2011 For orders, see LA.App.No.266/2008. TT PRADEEP NANDRAJOG. J. AUGUST 23. 2011 AK i THE HIGH CGURT OF DELHI AT MEW DELHI o/o ludament Reserved On: 12^^August, 2011 ludament Delivered On: 23'" August. 2011 + LA.APP. 266/2008 JAI SINGH ... Appellant Through: Mr.S.Chaturvedi, Mr.Deepak Khosia/ Mr.S.K.Yadav, Mr.M.C.Verma, Mr.V.P.Rana, Mr.Raj Singh, Mr.Uday Ram, Mr.D.R.Tomar, Mr.l.S.Dahiya, Mr.iM.S.Dalai, Mr.S.M.Bhardwaj, Mr.B.P.Gupta, Mr.S.K.Rout, Mr.S.S.Rana, Mr.Sunil Dalai, Mr.D.S.Khatri Mr.T.P.S.Kang, Advocates Vs. UOI&ANR. ... Respondents Through: Mr.Sanjay Poddar, Senior Advocate with Mr.Sanjay Kunnar Pathak, Mr.Sachin Nawani, Mr.Siddharth Panda Ms.K.Kaonnudi Kiran, Advocates for R-1. Ms.Anusuya Salwan, Advocate, for DSIDC. Mr.Ajay Verma, Mr.Pawan Mathur, Ms.Shobhna Takiar, Mr.Arun Birbal, Mr.Bankey Biharl Sharma, Mr.Sumer Sethi . Ms.Beenashaw Sohi Advocates for PDA_. AND (GRID-A) + LA.APP. 259/2008, LA.APP. 264/2008, LA.APP. 265/2008, LA.APP. 267/2008, LA.APP. 268/2008, LA.APP. 270/2008, U.APP. 271/2008, LA.APP. 272/2008, LA.APP. 273/2008, LA.APP. 278/2008 iy CM APPL. 5338/20T}9~(Cro$s ODj^ctions), LA^P. LA.App.No.26.6/2008&connectedmatters Page 1of74 279/2008, LA.APP. 280/2008 & CM APPL 5261/2009 (Cross Objections), LA.APP. 281/2008, LA.APP. 284/2008, LA APP 286/2008, LA.APP. 287/2008, LA.APP. 290/2008, LA.APP. 291/2008, LA.APP. 293/2008, LATAPPr-^94/200e & CM ARPL. Objections), LA.APR. 295/2008, LA.APP. 299/2008, 304/2008, 339/2008, 401/2008, 472/2008. 487/2008, 495/2008, 527/2008, 541/2008. 548/2008. 566/2008, 627/2008, 648/2008, 7^4/2008 756/2008, 861/2008, 880/2008, 895/2008, 907/2008, 92|5/2008, 931/2008, 934/2008, 941/2008. 946/2008, 999/2008 & CM APPL. 5360/2010 (Cross Objections), 1014/2008, LA.APP. 1019/2008, LA.APP. 1023/2008, 1026/2008; LA.APP. 1064/2008, LA.APP. 1071/2008, 1244/2008, LA.APP. 1245/2008, LA.APP. 1256/2008, 1268/2008, LA.APP. 1273/2008, CM APPL. 454/2009, 532/2009, LA.APR. LA.APP. LA.APP. LA.AfPP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 301/2008. n-172008, 357/2008. 413/2008. 4^-3/2008. 492/2008. 496/2008. 535/2008. 545/2008. 554/2008. 621/2008. 628/2008, 649/2008, 289/20^8, LA.APP. 292/2008, LA.APP. 1^#1;8/2011 (Cmss-296/2008, LA.APP. LA.APP. 337/2008, LA.APP. LA.APP. 394/2008, LA.APP. LA.APP. 443/2008, LA.APP. LAtAPP-. 484/2008^—LAtAPP^. LA.APP. 493/2008, LA.APP. LA.APP. 526/2008, LA.APP. LA.APP. 537/2008, LA.APP. LA.APP. 546/2008, LA.APP-LA.APP. 563/2008, LA.APP. LA.APP, 623/2008, LA.APP. LA.APP. 635/2008, LA.APP. LA.APP. 662/2008, LA.APP. LA.APP. LA.APP. LA.APP. 879/2008, LA.APP. LA.APP. 894/2008. LA.APP. LA.APP. 906/2(308, LA.APP. LA.APP. 911/2008, LA.APP. LA.APP. 927/2008, LA.APP. LA.APP. 933/2008, LA.APP. LA.APP. 939/2008. LA.APP. LA.APP. 944/2008. LA.APP. LA.APP. 958/2008. LA.APP: LA.APP. LA.APP. LA.APP. LA.APP. 2377/2009. (Cross Objections) LA.APP. 86/2009. LA.APP. 96/2009, LA.APP. 97/2009, LA.APP. 98/2009, LA.APP. 101/2009, LA.APP. 110/2009, LA.APP. 111/2009_, LA.APP. 114/2009, LA.APP. 120/2009, LAj(kPP. 251/2009, LA.APP. 252/2009, LA.APP. 265/2009, LA.APP. 266/2009 & CM APPL. No.5366/2010 (Cross Objections), U\.APP. 267/2009, LA.APP. 268/2009, LA.APP. 269/2009, LA.APP. 270/2009, LA.APP. 271/2009, LA.APP. 272/2009, LA.APP. 273/2009. LA.APP. 300/2009, LA.APP. 306/2009, LA.APP. LA.APP. 455/2009, LA.APP. 521/2009, LA.APP. LA.APP. 535/2009 CM APPL 12886/2011 (Cross Objections), LA.APP. 536/2009 & CM APPL 12917/2011 (Cross Objections), LA.APf^.-"54af2009r-H^Ana.f^. -M4/2^9, & CM APPL. 5353/2009 (Cross Objections), LA.APP. 846/2008, LA.APP. 847/2008, LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 875/2008. 888/2008. 905/2008. 910/2008, 926/2008, 932/2008, 936/2008, 942/2008. 955/2008, LA App.No.266/2008 & connected matters 566/2009, LA.APP. 570/2009 & CM APPL.13873/2011. LA.APP. 589/2009, LA.APP. 593/2009, LA.APP. 594/2009, LA.APP. 634/2009, LA.APP. 635/2009, LA.APP. 636/20 097 LA.APP 637/2009, LA.APP. 638/2009, LA.APP. 643/2009 & CM APPL.13878/2011, LA.APP. 1/2010, LA.APP. 29/2010, LA.APP. 104/2010, LA.APP. 105/2010, LA.APP. 107/2010, LA.APP. 108/2010, LA.APP. 109/2010, LA.APP. 168/2010, LA.APP. 169/2010, LA.APP. 170/2010, LA.APP. 171/2010, 'LA.APP. 220/2010, LA.APP. 276/2010, LA.APP. 426/2010, LA.APP. 430/2010, CM APPL. 9994/2011 (Cross Objections), LA.APP. 520/2010 CM APPL13968/2011. LA.APP. 521/2010, CM APPL 9564/2010 (Cross Objections), LA.APP. 522/2010, LA.APP. 523/2010, LA.APP. 524/2010 & CM APPL. 12914/2011 (Cross Objections), LA.APP. 525/2010 & CM APPL. 192/2011 (Cross Objections), LA.APP. 526/2010, LA.APP. 527/2010, LA.APP. 528/2010, LA.APP. 529/2010, LA.APP. 530/2010 & CM APPL 229/2011 (Cross Objections), LA.APP. 531/2010, LA.APP. 532/2010 & CM APPL. 12890/2011 (Cross Objections), LA.APP. 533/2010 & CM APPL 12898/2011 (Cross Objections), LA.APP. 55^4/20107 -LA^^APP. 535/2010 & CM APPL. 12867/2011 (Cross Objections), LA.APP. 536/2010 & CM APPL. 12887/2011 (Cross Objections), LA.APP. 537/2010, LA.APP. 538/2010 & CM APPL. 12972)^2011 (Cross Objections), LA.APP. 539/2010 & CM APPL. 12900/2011 (Cross Objections), LA.APP. 540/2010, LA.APP. 541/2010, LA.APP. 542/2010 & CM APPL 19857/2010 (Cross Objections), LA.APP. 543/2010 & CM APPL 12903/2011 (Cross Objections), LA.APP. 544/2010, CM APPL 12888/2011 (Cross Objections), LA.APP. 545/2010, LA.APP. 566/2010, LA.APP. 581/2010, LA.APP. 592/2010 & CM APPL 227/2011 (Cross Objections), LA.APP. 593/2010 & CM APPL 12969/2011 (Cross Objections). LA.APP. 594/2010, LA.APP. 595/2010 & CM APPL. 226/2011 (Cross Objections), LA.APP. 596/2010, LA.APP. 597/2dl0 & CM APPL 228/2011 (Cross Objections), LA.APP; 598/2qi0 & CM APPL 487/2011 (Cross Objections), LA.APP. 600/2Q10 & CM APPL 12897/2011 (Cross Objections), LA.APP. 601/2010, LA.APP. 602/2010, LA.APP. 603/2010 & CM APPL 12881/2011 (Cross Objections), LA.APP. 617/2010, LA.APP. 663/2010 & CM APPL. 12916/2011 (Cross Objections), LA.APP. 666/2010 & CM APPL. 6748/2011 (Cross Objections), LA.APP. 675/2010'& CM APPL. 9988/2011 (Cross Objections), LA.APP. 761/2010, LA.APP. 792/2010 & CM APPL 12889/2011 (Cross Objections), LA.APP. 793/2010 & CM APPL 12899/2011 (Cross Objections), LA.APP. 794/2010, LA.APP. 795/2010, LA.APP. 40/2011, LA.APP. 195/2011 & CM APPL. 12892/2011 (Cross Objections), LA.APP. 215/2011, LA.APP. 228/2011, LA.APP. 229/2dll, LA.APP. 230/2011, LA.APP. 231/2011, LA.APP. 232/2011, LA.APP. 233/2011, LA.APP. 389/2011, LA.APP. LA.App.No.266/2008&" connectedmatters Page3 of74 392/2011, LA.APP. 420/2011, LA.APP. 424/0014^--LA-.APR 425/2011 f (Relating, to Notification u/s

07.08.2000 & Award No.19/2002-03, Viilage-Pooth Khurd) AND (GRID-B) + LA.APP. 972/2008 & CM 2349/2009 (Cross Objections), LA.APP. 1:122/2008 & CM 2099/2009 (Cross Objections), LA.APP. 1150/2008 & CM 12216/2011 (Cross Objections), LA.APP. 1151/2008 & CM 2345/2009 (Cross -Objections), LA.APP. 1152/2008 & CM 2102/2009 (Cross Objections), LA.APP. 1153/2008 & CM 2338/2009 (Cross Objections), LA.APP. 1154/2008, LA.APP. 1187/2008, LA.APP. 1188/2008, LA.APP. 1189/2008, LA.APP. 1218/2008, LA.APP. 15/2009, LA.APP. 82/2009, LA.APP. 100/2009, LA.APP. 102/2009, LA.APP. 113/2009, LA.APP. 571/2009, LA.APP. 622/2009, LA.APP. 214/2011: (Relating to Notification u/s 4 dated

07.08.2000 & Award No. 11/2001-02, Village-Holambi Kalan) AND (GR8D-C) + LA.APP. 359/2007, LA.APP. 202/2007, LA.APP. 382/2007, LA.APP. 383/2007, LA.APP. 269/2008, LA.APP. 811/2008, LA.APP. 928/2008, LA.APP-. 134/2009, LA.APP. 182/2009, LA.APP. 96,9/2010; (Relating to Notification u/s 4 dated

07.08.2000 & Award No. 08/2001-02, Village-Bawana) AND (GRiD-D) + LA.APP. 144/2011, LA.APP. 145/2011 & CM 12911/2011 (Cross O^ections), LA.APP. 146/2011 & CM 12957/2011 (Cross Objections), LA.App.No 266/2008 & connected matters T -:tRetatirTg-i:o i^totifkratTDn u/s 4^^ted 11 .t)9.2t)00-"&- Awafd-N^ 20/2002-03, Village-Khera Khurd) I AND (GRID-E) + iJa.APP. 586/2009, LA.APP. 620/2009. LA.APP. 621/2009, LA.APP. 646/2009, LA.APP. 91/2010, LA.APK 93/2010. LA.APP. 94/2010, LA.APP. 190/2010, LA.APP. 191/2010 & CM No. 22402/2010 {Cross Objections), LA.APP. 192/2010, LA.APP. 193/2010, LA.APP. 194/2010, LA.APP. 195/2010, LA.APP. 196/2010, LA.APP. 197/2010, LA.APP. 297/2010. LA.APP. 299/2010, LA.APP. 300/2010, LA.APP. 308/2010, LA.APP. 309/2010, LA.APP. 338/2010, LA.APP. 370/2010 & CM No. 3555/2011 (Cross Objections), LA.APP. 373/2010, LA.APP. LA.APP. 493/2010, LA.APP. 494/2010, 496/2010, LA.APP. 497/2010 & Objections), LA.APP. 498/2010, 500/2010, LA.APP. 501/2010& Objections), LA.APP. 502/2010 & Objections), LA.APP. 503/2010, LA.APP. 506/2010, LA.APP. 509/2010, LA.APP. 512/2010, LA.APP. 515/2010, & CM No. 7702/2011 LA.APP. 519/2010, 612/2010, 619/2010, 622/2010, 647/2010 & 505/2010, 508/2010, 511/2010, 514/2010, 517/2010 518/2010, 611/2010, 618/2010, 621/2010, 628/20,10, LA.APP. 495/2010, CM No. 22728/2010 (Cross LA.APP. 499/2010, LA.APP. CM No. 23186/2010 (Cross CM No. 10382/2011 (Cross LA.APP. 504/2010, LA.APP. LA.APP. 507/2010, LA.APP. LAiAPP. 510/2010, LA.APP. LA.APP. 513/2010, LA.APP. LA.APP. 516/2010, LA.APP. (Cross Objections), LA.APP. LA.APP. 610/2010, LA.APP. LA.APP. 613/2010, LA.APP. LA.APP. 620/2010, LA.APP. LA.APP. 623/2010, LA.APP. CM No. 3847/2011 (Cross, & CM No. bo^fp: LA.APP. LA.APP. LA.APP. LA.APP. Obiections). LA.APP. 650/2010 "mr/2010. XA.APP. 651/2010 "&5272UT07 -^^^Olir-teroBS—ObjectioTTs), 856/2010 & CM No. 9610/2011 857/2010, LA.APP. 920/2010 & Objections), LA.APP, -Objections), LAtAPF:" 1021/2010, 79/2011, LA.APP. 80/2011, LA.APP. 81/2011, LA.APP. 82/2011, -±ATAPfr :83/2011^r LA.APP7-84/2011, LA.APP. 85/2011, LA.APP. 86/2011, LA.APP. 87/2011, LA.APP. 300/2011, LA.APP. 322/2011, LA^PP. 324/2011 & CM APPL.15110/2011, LA.APP. 385/2011. LA.App.No.266/2008 & connected matters P: LA.APP. 845/2010^ & CM No. 3563/2011 (Cross Objections), LA.APP. 853/2010, LA.APP. 854/2010 & CM No. ~tA7AFP7-855/2010, LA.APP. (Cross Objections), LA.APP. CM No. 3829/2011 (Cross 9966/2011 (Cross LA.APP. 78/2011, LA.APP. (Relating to Notification u/s 4 dated

02.05.2001& Award No. 24/2003-04, Village-Narela) AND -F) + LA.APP. 497/2008, LA.APP, 141/2009 & CM 5302/2010 (Cross Objections). (Relating to Notification u/s 4 dated

22.08.2001 & Award No. 18/2003-04, Village-Holambi Kalan) AND -G) + LA.APP. 777/2,010 & CM APPL.3808/2011, LA.APP. 778/2010 & CM 2686/2011 (Cross Objections), LA.APP. 779/2010 & CM 12966/2009 (Cross Objections), LA.APP. 213/2011, LA.APP. 261/2011, LA.APP. 326/2011, LA.APP. 327/2011, LA.APP. 328/2011, LA.APP. 330/2011, LA.APP. 331/2011, LA.APP. 332/2011, LA.APP. 333/2011, LA.APP. 334/2011, LA.APP. 335/2011, LA.APP. 339/2011, LA.APP. 340/2011, LA.APP. 341/2011, LA.APP. 342/2011, LA.APP. 343/2011, LA.APP. 350/2011, LA.APP. 351/2011, LA.APP. 365/2011, LA.APP.377/2011, LA.APP.388/2011. (Relating to Notification u/s 4 dated

22.08.2001 & Award No. 33/2003-04, Village-Holambi Kalan) AND + LA.APP. 391/2011, LA.APP. 404/2011, LA.APP. 409/2011. (Relating to Notification u/s 4 dated

22.08.2001 & Award No. 15/2003-04, Viiiage-Ali Pur) AND -H LA.APP. 481/2010 LA.App.No.266/2008&connectedmatters Page6of74. tKgtatjng to Notrmraliuri u/s 4 dated 22-.08.2001 & AvraTd No. 9/2003-04, Village-Holambi Khurd) AND ; (G9^ID-J) + LA.APP. 780/2010 & CM No.2661/2011 (Cross Objections) LA.APP. 899/2010 & CM No.3833/2011 (Cross Objections),' LA.APP. 900/2010 & CM No.3541/2011 (Cross Objections), LA.APP. 970/2010, LA.APP. 971/2010 & CM No.3805/2011 (Cross Objections), LA.ARP. 972/2010 & CM No.;2667/2011 (Cross Objections), LA.APP. 973/2010 & CM No.3703/2011 (Crbss Objections), LA.APP.974/2010 & CM No.l4333/2011(Cross Objections), LA.APP. 976/2010 & CM No.9992/2011 (Cross Objections), LA.APP. 977/2010, LA.APP. 978/2010, LA.APP. 979/2010 & CM No.9990/2011, LA.APP. 980/2010 & CM No.3551/2011 (Cross Objections), LA.APP. 981/2010, LA.APP. 982/2010 & CM No.6742/2011 (Cross Objections), LA.APP. 983/2010 & CM No.6759/2011 (Cross Objections), LA.APP. 9W20T0~ & CM Wo.6746/2011 (Cross Objections), LA.APP. 985/2010 & CM No.9980/2011 (Cross Objections), LA.APP. 986/2010, LA.APP. 988/2010 & CM No.3836/2011 (Cross Objections), LA.APP. 989/2010, LA.APP. 990/2010, LA.APP. 991/20i0 & CM No.9984/2011 (Cross Objections), LA.APP. 1000/2010, LA.APP. 1005/2010 & CM No.9970/2011 (Cross Objections), LA.APP. 1018/2010, LA.APP. 1020/2010 & CM No.12939/2 (Cross 0bjections)011, LA.APP. 1024/2010 & CM No.6771/2011 (Cross Objections), LA.APP. 1/2011 & CM No.12964/2011 (Cross Objections), LA.APP. 2/2011 & CM No.6752/2011 (Cross Objections), LA.APP. 25/2011, LA.APP. 28/2011, LA.APP. 52/2011, LA.APP. 53/2011 St CM No.6766/2011 (Cross Objections), LA.APP. 73/2011 & CM No.12922/2011 (Cross Objections), LA.APP. 75/2011 & CM .No.6775/2011 (Cross Objections), LA.APP. 101/2011, LA.APP. 102/2011, LA.APP. 110/20il, LA.APP. 111/2011, LA.APP. 112/2011 & CM No.10050/2011 (Cross Objections), LA.APP. 191/2011, LA.APP. 235/2011, LA.APP. 239/2011, LA.APP. 252/2011 (Relating to Notification u/s

22.08.2001 & Award No.20/2003-04, Village-Rajapur Kalan) LA.App. AND CGRID-K) >Io.266/2008& connected matters Page 7 of 74, + LA.APP. 488/2008, LA.APP. 490/2008, LA.APP. 491/2008, LA.APP. 549/2008, LA.APP. 755/2008, LA.APP. 868/2008 & CM NO.10393/2P09 (Cross Objections),. LA.APP. 896/2008 & CM -Me753€4/2010 (Cress-ObjectioFYS^T-LArAPPvB9772^&0S^, LA APP 1003/2008, LA.APP. 587/2009, LA.APP. 591/2009, LA.APP. 34/2010 & CM No.7072/2010 (Cross Objections), LA.APP. 488/2010, LA.APP. 605/2010, LA.APP. 616/2010, LA.APP. 62/2011, iLA.APP. 66/2011, LA.APP. 68/2011, LA.APP. 236/2011, LA.APP. 421/2011 (Relating to Notification u/s No.17/2003-04, Village-Sanoth)

07.12.2001 & Award AND (GRaP-L) + LA.APP. 341/2008, LA.APP. 342/2008, LA.APP. 344/2008, LA.APP. 352/2008, LA.APP. 364/2008, LA.APP. 385/2008, LAiAPP. 387/2008, LA.APP. 445/2008, LA.APP. 454/2008, LA.APP. 464/2008& CM No,11333/2008 (Cross Objections), LA.APP. 465/2008,^ LA.APP. 466/2008, LA.APP. 468/2008& CM No.11334/2008 (Cross Objections), LA.APP. 469/2008, LA.APP. 470/2008, LA.APP. 471/2008, LA.APP. 560/2008, 561/2008,^ LA.APP. 611/2008, LA.APP. 663/2008, 676/2008, LA.APP. 678/2008, LA.APP. 679/2008, 681/2008,' LA.APP. 682/2008, 722/2008, 786/2008, 842/2008, 883/2008, 924/2008, 938/2008, i 945/2008, 998/2008, 1007/2008, 1079/2008, 309/2009, , 465/2009, 546/2009, ' 624/2009, LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 23/2010, LA.APP. 24/2010, LA.APP. lAAPP. 37/2010, LA.APP. 41/2010. 731/2008, 825/2008, 850/2008, 903/2008, 935/2008, 940/2008, 956/2008, 1001/2008, 1065/2008, 106/2009, 374/2009, 468/2009, 547/2009, 628/2009, LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 683/2008, 754/2008, 826/2008, 853/2008, 904/2008, 937/2008, 943/2008, 957/2008, 1004/2008, 1077/2008, 172/2009, 464/2009, 539/2009, 565/2008, 630/2009, 26/2010, LA.APP. LA.APP. JK.APP. JK.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA. APP. 35/2010, (Relating to Notification u/s 4 dated 16.05.2002 Sl Award No, 29/2003-04, Village-Shahpur Garhi) LA.App.Nb.266/2008 & connected matters \^i AND (GRID-IV!) l> + LA.APP. 338/2008, LA.APP. 343/2008, LA.APP. 356/2008, LA.APP. 366/2008, LA.APP. 367/2008, LA.APP. 368/2008, LA.APP. 369/2008, LA.APP. 370/2008, LA.APP. 383/2008, LA.APP. 384/2008, LA.APP. 386/2008, LA.APP. 388/2008, LA.APP. 389/2008, LA.APP. 434/2008, LA.APP. 435/2008, LA.APP. 436/2008, LA.APP. 444/2008, LA.APP. 456/2008& CM No. 11332/2008 (Cross Objections), LA.APP. 458/2008, LA.APP. 467/2008, LA.APP. 550/2008 & CM No. 16150/2008 (Cross Objections), LA.APP. 553/2008, LA.APP. 680/2008, 720/2008, 760/2008, 823/2008, 908/2008, 1022/2008, 1063/2008, 308/2009, 385/2009, 540/2009, LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 715/2008, 723/2008, 767/2008, 824/2008, 909/2008, 1024/2008, 173/2009, 311/2009, 463/2009, 542/2009, LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 562/2008, 716/2008, 757/2008, 793/2008, 837/2008, 952/2008, 1025/2008, 307/2009, 384/2009, 467/2009, 548/2009, LA.Ai^P. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 627/2009, LA.APP. 631/2009, LA.APP. 22/2010, LA.APP. 30/2010. (Relating to Notification u/s No.22/2003-04. Viilage-Shahpur Garlii) AND

23.05.200,2 & Award + LA.APP. 485/2008, LA.APP. 498/2008 & CM 13228/2008 (Cross Objections), LA.APP. 1149/2008, LA.APP. 263/2009, LA.APP. 304/2009 & CM 13916/2009 (Cross Obiections), LA.APP. 12/2011 (Relating to Notification u/s 4 dated

23.05=2002 & Award No. 16/2003-04, Viilage-Holannbi Kalan) AND (GRID-O) + LA.APP.379/2008, LA.APP. 381/2008, LA.APP. 390/2008, LA.APP. 494/2008, LA.APP. 499/2008, LA.APP. 530/208, LA.APP. 836/2008 & CM 5300/2010 (Cross Objections), LA.APP. 310/2009 & CM 16027/2009 (Cross Objections), LA.APP. 782/2010, LA.APP. LA.App.No.266/2.008& connected matters S3-5/2&10, LA.APP.--9/2^11& CM 9960/2011 iCros^^biertipnsi, i^^APP. 5^201 l^^mAPP. 289/2011 & CM 14850/2011 (Cross Objections), LA.APP. 290/2011 & CM 14852/2011 (Cross Objections), LA.APP. 381/2011. (Relating to Notification u/s 4 dated

23.05.2002 & Award No. 17/2004-05, Village-Ali Pur) AND + LA.APP. 654/2008 & CM No.2357/2009 (Cross Objections), LA.APP. 655/2008, LA.APP. 674/2008 & CM No.7818/2009 (Cross Objections), LA.APP. 677/2008, LA.APP. 705/2008, LA.APP. 706/2008, LA.APP. 807/2008, LA.APP. 808/2008 & CM No. 7837/2009 (Cross Objections), LA.APP. 878/2008, LA.APP. 882/2008, • LA.APP. 885/2008, LA.APP. 891/2008, LA.APP. 898/2008 & CM No.2355/2009 (Cross Objections), LA.APP. 902/2008, LA.APP. 922/2008, LA.APP. 923/2008, LA.APP; 929/2008 & CM No.2351/2009 (Cross Objections), LA.APP. 930/2(j08 & CM No.7821/2009 (Cross Objections), LA.APP. 960/2008, LA.APP. 980/2008 & CM No.855/2010 (Cross Objections), LA.APP. 981/2008 & CM No.1261/2009 (Cross LA,AFP. 982/20€8, LA.APP. 983/2008 & CM No.2347/2009 (Cross Objections), LA.APP. 984/2008 & CM No.839/2010 (Cross Objections), LA.APP. 985/2008, LA.APP. 997/2008, LA.APP. 1002/2008, LA.APP. 1006/2008, LA.APP. 1027/2008, LA.APP. 1078/2008 & CM No.2247/2009 (Cross Objections), LA.APP. 1123/2008, LA.APP. 1127/2008 & CM No.2111/2009 (Cross Objections), LA.APP. 1196/2008, LA.APP. 1246/2008 & CM No.10387/2009 (Cross Objections), LA.APP. 1257/2008, LA.APP. 1258/2008 & CM No.7791/2009 (Cross Objections), LA.APP. 13/2009 & CM No;2151/2009 (Cross Objections), LA.APP. 22/2009, LA.APP. 83/2009, LA.APP. 99/2009, LA.APPI,103/2009, LA.APP. 104/2009, LA.APP. 107/2009, LA.APP. 115/2009 & CM No.6482/2010 (Cross Objections), LA.APP. LA.APP.' LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 122/2009 & CM No.14321/2009 (Cross Objections), 123/2009, LA.APP. 124/2009, LA.APP. 128/2009, 174/2009, LA.APP. 250/2009, LA.APP. 260/2009, 261/2009, LA.APP. 262/2009, "LA.APP. ~264/2009, 293/2009, LA.APP. 299/2009, LA.APP. 301/2009, 302/2009, LA.APP. 303/2009, LA-App. 365/2009, 461/2009, 433/2009, 471/2009, 51872^09, 531/2009, LA.APP. LA.APP. LA.APP. LA.APP. 449/2009, 487/2009, 527/2009, 533/2009, LA.App. NJ6.266/2008 & connected matters LA.APP. LA.APP. LA.APP. LA.APP. 501/2009, 530/2009, 537/2009, \3. 538/2009, LA.APP. 545/2009, LA.APP. 554/2009, LA.APP. 555/2009, LA.APP. 558/2009, LA.APP., 585/2009, LA.APP. 588/2009, LA.APP. 619/2009, LA.APP. 625/2009, LA.APP. 626/2009, LA.APP. 629/2009, LA.APP. 649/2009, LA.APP; 38/2010, LA.APP. 43/2010, LA.APP. 131/2010, LA.APP. 202/2010, LA.APP. 203/2010, LA.APP. 204/2010, LA.APP. 225/2010, LA.APP. 227/2010, 372/2010, 479/2010, 483/2010, 486/2010, 606/2010 607/2010, 614/2010, 695/2010, 785/2010 786/2010 787/2010, 790/2010, Objections), 916/2010 & 14/2011 & 26/2011 & 55/2011 & 59/2011, LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. 269/2010, 410/2010, 480/2010, 484/2010, 487/2010, & CM No.19878/2010 LA.APP. 608/2010, LA.APP. 615/2010, LA.APP. 705/2010, & CM & CM LA.APP. 303/2010, LA.APP. 418/2010, LA.APP. 482/2010, LA.APP. 485/2010, LA.APP. 604/2010, (Cross Objections), LA.APP. 609/2010, LA.APP. 671/2010, LA.APP. 734/2010, No.12968/2011 (Cross Objections), No.12967/2011 (Cross Objections), LA.APP. 788/2010, LA.APP. 789/2010, LA.APP. 820/2010 & CM No.12880/2011 LA.APP. 821/2010, CM No.6773/2011 CM No.6754/2011 CM No.6763/2011 CM No.12894/2011 LA.APP. 915/2010, (Cross Objections), (Cross Objections), (Cross Objections), (Cross Objections), 63/2011, LA.APP. 69/2011, LA.APP. LA.APP. 72/2011 & CM No.6777/2011 (Cross Objections), LA.APP. 76/2011 & CM No.12974/2011 (Cross Objections), LA.APP. 114/2011 & CM No.12869/2011 (Cross Objections), LA.APP. 135/2011, LA.APP. 136/2011 & CM No.12971/2 (Cross 0bjection5)011, LA.APP. 137/2011 & CM No.12902/2011 (Cross Objections), LA.APP. 143/2011, LA.APP. 153/2011, LA.APP. 203/2011 & CM No.12913/2011 (Cross Objections), LA.APP. 273/2011 & CM No.13289/2011 (Cross Objections), LA.APP. 338/2011 LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. LA.APP. (Cross LA,APP. LA.APP. LA.APP. LA;APP. LA.APP. 70/2011. (Relating to Notification u/s No.11/2004-05, Village-Sanoth)

27.01.2003 & Award AND + i LA.APP. 336/2010 & CM APPL.14845/2011, LA.APF. 624/2010, LA.APP. 625/2010, LA.APP. 626/2010, LA.APP. 627/2010 & C.M. No.3853/2011 (Cross Objections), LA.APP. 629/2010, LA.APP. 630/2010, LA.APP. 642/2010, LA.APP. 643/^010, LA.APP. 644/2010, LA.APP. 645/2010 & C.M. LA.App.No.266/2008 & connected matters Pdge 11 of 74 No.3587/2011 (Cross Objections), LA-APP. 646/2010, LA.APP. 664/2010, LA.APP. 665/2010, LA.APP. .667/2010, LA.APP. 668/2010, LA.APP. 669/2010 & C.M. No.676_9/2Qll (Cross Objections), LA.APP. b/0/2010 & C.i^rnsro3HT8/2t)Tr (Cross Objections), LA.APP. 672/2010, LA.APP. 673/2010 & C.M. No.3812/2011 (Cross Objections), LA.APP. 687/2010, LA.APP. 701/2010 & C.IVi. No.3850/2011 (Cross Objections), LA.APP. 702/2010, LA.APP. 703/2010 & C.M. No.9941/2011 (Cross Objections), LA.APP. 721/2010, LA.APP. 733/2010 & C.l^. No.12878/2011 (Cross Objections), LA.APP. 735/2010, LA.APP. 736/2010, LA.APP. 737/2010, LA.APP. 738/2010, LA.APP. 739/2010 & .C.M. No.3569/2011 (Cross Objections), LA.APP. 740/2010 & CM No.14322/2011 (Cross Objections), LA.APP. 800/2010 & C.M. No.3217/2011, LA.APP. 801/2010, LA.APP. 802/2010, LA.APP. 803/2010, LA.APP. 808/2010, LA.APP. 809/2010, LA.APP. 810/2010, LA.APP. 811/2010, LA.APP. 812/2010, LA.APP. 813/2010, LA.APP. 814/2010, LA.APP, 815/2010, LA;APP. 816/2010 & C.M. No.3862/2011 (Cross Objections), LA.APP. 817/2010, LA.APP. 838/2010, LA.APP. 839/2010 & C.M. No.10335/2011 (Cross Objections). LA.APP. 870/2010 & C.M. No.9946/2011 (Cross Objections), LA.APP. 917/2010, LA.APP. 922/2010, LA.APP. 923/2010, LA.APP. 924/2010, LA.APP. 925/2010, LA.APP. 945/2010 & C.M. No.3844/2011 (Cross Objections), LA.APP. .975/201.0 & C.M. No.2664/2011 (Cross Objections), LA.APP. 987/2010& C.M. No 3547/2011 (Cross Objections), LA.APP. 1006/2010, LA.APP. 56/2011 & C.M. No.9939/2011 (Cross Objections), LA.APP. 74/2011, LA.APP. 96/2011, LA.APP. 97/2011, LA.APP. 98/2011, LA APP. 99/2011, LA.APP. 100/2011, LA.APP. 103/2011, LA.APP. 104/2011, LA.APP. 105/2011, LA.APP. 106/2011, LA.APP. 107/2011, LA.APP. 108,/2011, LA.APP. 109/2011, LA.APP. 113/2011, LA.APP. 165/2011, LA.APP.329/2011 (Relating to Notification u/s 4 dated 27.01.2003 & Award No.10/2004-05, Village-Rajapur Kalan) CORAM; HON BLE JUSTICE PRADEEP NANDRAJOG

¶1Whetherthe Reportersof local papers nnay be allowed to see the judgment?

¶2To be referred to Reporter or not?

¶3Whether thejudgnnent should be reported in the Digest? \\p LA.App.No.266/2008&connectedmatters Fagei2of74 •I •• PRADEEP NANDRAiQGn.

¶1I 10 villages; namely, Pooth Khurd, Holambi Kalan, Holambi Khurd, Bawana, Khera Khurd, Narela, Ali Pur. Rajapur Kalanj ShahpurGarhi and Sanoth are comprisedin the Revenue Distri(|:t(North-West)and if we see the map of the city of Delhi we would find that these villages lie in the North-Western part of Delhi.! They lie within an area between the 'V formed by Rohtak Road li.e. NH-10 G.T.Karnal Road i.e. NH-1. The Delhi-I. - ' . . - . Ambala railway line runs somewhat parallel to NH-1. Whereas villages Narela and Shahpur Garhi are in between the railway line ahd NH-1, the other villages are on the opposite side of the railway line i.e. towards the west of the railway line. Narela and Shahjjur Garhi are towards the east of the railway line. The urbanized city of Delhi where the colony Rohini exists has been developed on the agricultural lands acquired post 1961 and is situatM in the land within the aforesaid 'V. Bawana industriai Estate came up on lands which were acquired post 1996 and said Industrial Estate is also on the land within the aforesaid 'V. Historically, except for village Narela, all villages have been treated as equivalent with respect to their location.

¶2; The instant decision decides the issue as to what should be the fair market value of agricultural lands in the said villages as of the dates

7.8.2000,

11.9.2000,

2.5.2001,

22.8.2001>

7.12.2001,

16.5.2002,

23.5.2002 and 27.1.2003. Needless to state,! pursuant to notifications issued, from time to time, on '' aforeiald~dates under Section 4 of the Land Acquisition Act 1894J vast tracts of land in said 10 villages were acquired save and except lands in the Revenue Estate of village Narela where purpose of acquisition was partly residential partly industrial, in the other villages, acquisition was'for purpose of establishing an industriai estate or laying down a LA.App.No.266/2008&connectedmatters Page13 of74 road or freight complex. The reason why such Targe Facts lands were needed was to set up an industrial estate pursuant to a decision taken to shift all industries operating in non-conforming areas within Delhi to conforming areas.

¶31 must highlight that arguments by learned counsel for the land owners were the same in all appeals, filed by them as also cross-objections wherever filed, and similar is the position with respect to the stand taken by the Union of India. Save and except pertaining to village Narela, where an additional . argument was advanced; being that, the township of Narela had existed since pre-partition days and thus lands in village Narela had a better value and for which it was urged that way back in the year 1963 when lands in the revenue estate of village Narela and adjoining villages Bhorgarh and Mamurpur were acquired, lands in village Narela were given a price advantage of per sq.yd. vis-a-vis price determined for lands In village Bhorgarh and Mamurpur. 1 must further highlight that learned counsel conceded that village Narela and Mamurpur comprised the same revenue estate; with the market i.e. Mandi being in village Narela and the village abadi being in Mamurpur.-

¶4The position of the awards made from time to time and the relatable notification under Section 4 of the Land Acquisition Act 1894 have been detailed by me while noting the various Land Acquisition Appeals and the Cross Objections as per the index hereinabove and thus I need not repeat the same,

¶5A perusal of all the awards announced from time to -lime wo i.iId—reveal that-the-lea-rned-^Land. Acquisition Co 11ecto r has determined compensation payable with reference to notifications/orders issued by the Government of NCT Delhi from ttme^ time notifying the minimum rates for agricultural lands in Delhi wherever it was found that due to land owners having excavated earth resulting in pits having depths between LA.App.No.266/2008 & connected matters 4 to 5^, the lana value has been appropriatelydepressed and this is tp be found in a few awardswhere lands have been put in 2 or 3 tategdrieslie: Gategd 'A', Category 'B' and Category 'C • ' ! • . • • . . .

¶6jAperusal of the various decisions pronounced by the Reference Court in various Land Acquisition References made, would show that the learned Reference Court has determined fair market value on different principles and for purpose^ of clarity I may note basis on which learned lland Acquisition Collector and the learned Reference Court have determined the compensation payable. The same would be as under:-1 • - - ' I • • . A. i Pertaining to the notification

7.8.20G0 issued un^er4 of the Land Acquisition Act 1894 pursuant whereto; 1372.00.10 bigha land was acquired in village Pooth Khurd, for the purpose of shifting industrial units, as against ?13.82 Ipcs per acre for Category'A' lands and ^12.26 lacs per acre for Category 'B' lands awarded by the learned Land Acquisition Collector (by adopting the price as per the policy for minimum rates as of 1.4.2000), the learned Reference Court has adopted: the same rate i.e. ?13.82 lacs per acre and has granted increment at the rate of 12% per annuhi for the period 1,4.2000' till 7.8.2i000 i.e. the date of the notification issued under Section 4 of the Land Acquisition Act 1894 and thus determined fair market value of land in village Pooth Khurd at 14,37,280/- per acre and tias ignored that there was Category 'B' land for which he had to make necessary adjustment. B. I Pertaining to the same notificationdated 7.8.2000 pursuant whereto

211.14 bigha land was acquired in village Holambi Kalan, the Land Acquisition Collector treated the land as of same character and determined fair market value with reference to the policy for minimum rates in sum of tl3.82 lacs LA.App.No.266/2008&connectedmatters Page15of 74 per acre yvhich has been enhanced by the learned Reference Court to ^14,12,995/- per acre by relying upon a decision of a -Bmsfon-Bendr Gairai 1/5. ^(9/wherein for the date 15.11.1996 fair market value determined was ^9,76,121/- per acre for Category 'A' lands and treating the said date and the said price as the base, giving 12% per annum! appreciation for a period of 3 years, 8 months and 23 days, to reach the date 7.8.2000, fair market value has been determineci. •I . • . . ^ C. jPertaining to the same notificationdated 7.8.2000 pursuant whereto agricultural lands in village Bawana were acquired, the Land Acquisition Collector determined fair market value for Category 'A' lands, with reference to the policy and fixed the same at ^13.82 lacs per acre for Category 'A' lands and ?12.62 lads per acre for Category 'B' lands. The learned Reference Court maintained the same. D. 'Pertaining to notification

11.9.2000 pursuant whereto agricultural lands in village Khera Khurd were acquired for shifting industrial units, Land Acquisition Collector has, for Category 'A' lands determined fair market value, witfi reference to the policy effective from 1.4.2000 in sum of?1^.82 lacs per acre and for Category'B' lands has fixed the same at ^12.62 lacs per acre. The learned Reference Court has adoptied the policy wherein minimum price fixed as of

1.4.2000 was^l3.82 lacs per acre and for 128 days i.e. the number of days between

1.4.2000 till 11.9.2000, appreciating same; by 12% has deternriined fair market value at ?14,40,157/- and has uniformly awarded the same for all lands. E. iPertainingto the notificationdated 2.5.2001 pursuant whereto 1140.5.8 bigha land was acquired in Narela for development of sectors 1 to 4, Phase I, Narela, with respect to policy of minimum price with effect from

1.4.2001 LA.App.N6.266/2008& connectedmatters Page16 of 74 i lA learned Land Acquisition Collector determined fair market value in sum of ?15.7 lacs per acre for Category 'A' lands i.e. the same price notified as of

1.4.2001 for Category 'B' .lands detern^ined the same at fl4 lacs per—axre; The learned Referelnce Court adopted the minimum price notified by the Government as of 1.4.2001 and gave appreciation for a period of 1 month for the reason the notification under Section 4 of the tarrch^uisiLion Act l§§4-is dated 2.5.2001and enhancedthe compensation to ^5,85,700/- per acre which has uniformly ! • . • • "awafi^d. ^ F. ] Pertaining to notification dated 22.8.2001 whereunder

512.16 bigha land in village HolambI Kalan were acquired for construction of a 100 meter wide road, the learned Land Acquisition Collector has rested his decision on minimum price notified as of 1.4.2001 i.e. ?15.7 lacs per acre which has been held to be the fair market value for Category 'A' lands and for Category 'B' lands the same has been deterhiined at T14 lacs per acre. The learned Reference Court, with reference to the minimum rates notified as of 1.4.2001 i.e. fl5.7 lacs per acre has appreciated the same by 12% per annum for j. • ^ ; • . . . 143 days and the price so fixed is tl6,43,811/- per acre which has been uniformly awarded. G. Pertaining to same notification

22.8.2001 pursudint whereto 512.16 bigha land was acquired in village Alipurj on the same reasoning which has been adopted for village Holambi Kalan, for the two categories of land same compensation as determined for village Holambi Kalan has been i , . • " worked out by the learned Land Acquisition Collector as also by learned Reference Court who has done away with cat^gorizattefiT- - — - H. Pertaining to the same notification dated 22.8.2001 pursuant whereto 192.15 bigha of land was acquired in village LA.App.No.266/2008&connectedmatters Page17 of74 Holambi Khurd, reasoning of the LAC and learned Reference Court and the price determined is the same as has been determined for village Holambi Kalan save and except that; in this village even the LAC has treated all lands in the same uniform category.

¶1Pertaining to the same notification

22.8.2001 pursuant whereto agricultural lands in village Rajapur Kalan were acquired reasoning fair market value determined by the learned LAC and the learned Reference Court is the same as adopted for village Holambi Kalan, Holambi Khurd and Alipur save and except in this village the acquired land was of uniform category. J. Pertaining to notification

7.12.2001 pursuant whereto

222.05 bigha land was acquired in village Sanoth for laying a 80 meter approach road to Nareia township, learned Land Acquisition Collector has assessed compensation uniformly in sum of ^15.7 lacs per acre which is the same as per the policy for minimum price w.e.f. 1.4.2001 and the learned Reference Court has adopted the same price and given appreciation for 250 days at the rate of 12% per annum to reach.the figure of ?16,99,042/-per acre. K. Pertaining to the notification dated 16.5.2002 pursuant whereto agricultural lands in village Shahpur Garhi were acquired, the learned Land AcquisitionCollector has determined compensation in sum of Ti5:T-tac^~^per acre which is the minimum price notified by the Government as of 1.4.2001. The learned Reference Court has simply held that the land owners would be entitled to enhance compensation at the rate of ll.'5% per annum compounded. I may highlight that the learned Reference Court has not worked out the compensation and has left it to the Executing Court to do so, however 1find that the enhanced compensation which would work out would be LA.App.No.266/2008&connectedmatters Page18 of74 ^3 ?17,75,369.44 per acre for the reason treating the base date as nmpTTi and the~B^"pfi^ at tl5.7 lac^for "FyMT days to reach the date 16.5.2001, appreciation woujd be at the rate |of 11.5% per annum compounded as per the learned Additional Sessions Judge. L. I Pertaining to notification dated 23.5.2002 pursuant whereto agricultural lands in village Shahpur Garhi were iacquired the learned LAC and the learned Reference Court haveIdetermined same compensation as per the reasoning pertaining to the same village for the notification dated

16.5.2002 and I find that sinceithere is a gap of 7 days in the two notifications, the compensation payable as per the decision of the Reference Court comes to ?17,79,781.78 per acre. pursuant whereto

445.81 bigha land in village Holambi Kalah was a:cquired, the learned LAC has determined fair market value in surh of ?15.7 lacs per acre which is the same as per minimum priceW.e.f. 1.4.2001. The learned Refei-enceCourt has adopted the same reasoning as was adopted while deternnining the fair market value of lands in village Holambi Kalan which were acquired pursuant to the notification dated 7.8.2000 i.e. adopted the price determined as of 15.11.1996 in the decision in Gairai's case :{supra) and appreciating the same by 12% compounded per ahnum the price determined is ?22,14,239/- per acre. N. Pertaining to the same notification

23.5.2002 pursuant whereto 814.19 bigha agricultural land in village Alipur were learned Land Acquisition Collector has awarcled compensation at the rate of ?15.7 lacs per acre based on the minimum price as of 1.4.2001, which price has been adopted as the base by the learned Reference Court and after grant ng appreciation at the rate of 12% per annum w.e.f. LA.App.No.266/2008 & connected matters

1.4.2001 till 23.5.2002, the price determined is ^17,85,240/- per acre. . Or Pertaining to notification

27.1.2003 pursuant whereto 3092.04 bigha land in village Sanoth -2^88T03H5tghaHarrdHir-xrrttage-ftajapu^ Kalan 'were acquired, learned Land Acquisition Collector, resting his reasoning on the minimum price notified as of 1.4.2001 fixed the same value as the connpensatlon payable for Category 'A' lands in both villages i.e. ^15,7 lacs per acre and for Category 'B' lands in sum of ^14 lacs per acre and for Category 'C lands in sum of ?12.3 lacs per acre. The learned Reference Court has adopted different reasoning in some impugned decision and different in a few. In some decisions the learned Reference Court has adopted minimuhnprice in sum of ?15.7 lacs per acre as of|1.4^2001and appreciating the same by 12% per annum for a period of 666 days has fixed fair market value at ?19,13,765/- per acre which has bedn uniformly awarded and in some references pertaining to the village Rajapur Kalan, the learned Reference Court has determined the fair market value with reference to a sale deed 'Ex.R-2' which is dated 20.5.2002 and whereunder 1 bigha and 13 biswp of agricultural land comprised in Khasra No.200 in the revenue estate of village Rajapur Kalan was purchased for ^5.39,690/-.

¶7Since the learned Land Acquisition Collector as also the learned Reference Court have relied upon notifications issued from time to time by the Government of NCT Delhi,fixing minimum price for agricultural lands in Delhi, let me therefore note the dates and the minimum rates notified from time to time pertaining to agricultural lands in Delhi since the same would be relevant for the present decision. The same would be as under;-LA.App.Nb.266/2008&connectedmatters Page20 of74 __SUto^ —Date-of— Notification Effeetive-Dete-of the price Pn€€— (in lakhs/acre) • % increase per annum 1-

3.5.1990

27.4.1990

4.65

2.

25.7.1997

1.4.1997

10.0

11.5

3.

24.9.1998

1.4.1998

11.2

11.2

4.

21.11.2000 -

12.32

5.

9.8.2001

1.4.1999

1.4.2000

12.16

13.82 .

6.

9.8.2001

1.4.2001

15.7

11.5

7.

30.8.2005

30.8.2005

17.584

2.98 8-

24.1.2008

18.12.2007

89.51

¶8From tabulation hereinabove noted it would be apparent that after minimum price was last fixed vy.e.f;

27.4.1990 in sum of ?4.65 lakhs/acre it was increased after nearly 7 years to ^10 lakhs/acre and the annual increase comes to 11.5% per annum (simple). The next year i.e. w.e.f. 1.4.1998 the price was enhanced by 11.2% to reach the figure of ^11.2 lakhs/acre thereafter w.e.f.

21.11.2000 price was enhanced to ^12.32 lakhs/acre, which notification was superseded, inasmuch as when the notification dated 9.8.2001 was issued price was retrospectively enhanced w.e.f.

1.4.1999 to ?12.16 lakhs/acre i.e. the price increased by 11% per annum with reference to price determined as of

1.4.1998 vide same notificat on_:._the_Ii3rice was retrospectively enhanced w.e.f.

1.4.2000 to ^3.82 lakhs/acre i.e. increased by 11% per annum vis-a-vis previous i.e. ^12.16 lakhs/acre and w.e.f.

1.4.2001 the price rose by, 11.5% per annum vis-a-vis the previous price of fl3.82 lakhs/acre to LA.App.No.266/2008 & connected matters

¶6the _fi^we _of: iaMis;to:e: The price was next enhanced w.e.f. 30.8.2005to ^7.584 lakhs/acrewhich gives us an increase of only 2.98% per annum and then the price rose to ^53 lakhs/acre as of 18.12.2007 i.e. increased 89.51% per annum with reference to the base figure of n7.584 lakhs/acre and the date 30.8.2005.

¶9Before noting the evidence relied upon by the land owners and Union of India before the learned Reference Court, it would be beneficial for the reader of the present decision, as I feel, that arguments advanced on either side may be noted. I would highlight that from the side of the land owners, each argument was in the alternative and it was urged that they would be entitled to price determination as per the first argument, failing which as per the second argument, failing which as per the third argument and so on. From the side of Union of India it was urged that the land price fixed by the learned Reference Court pertaining to the notification dated

7.8.2000, for village Pooth Khurd; notification

22.8.2001 for village Holambi Kalan; notification

7.8.2000 for village Bawana; the notification dated 11.9.2000 for village Khera Khurd; the notification dated 2.5.2001 for village Narela;'and the notification dated 22.8.2001 for village All Pur; and the notification dated 27.1.2003 for village Rajapur Kalan and Sanoth treats as if all lands were of uniform character and it was urged that corrective action is required by doing 2 things. Firstly, with reference to the minimum price notified by the Government from time to time, 11.5% increase per annum and annTnri" increase~w"as excessive ~with reference to the dates of the notifications under Section 4 of the Land Acquisition Act 1894; requiring the same to be reduced to 10% per annum in tlTeTeast. Secondly, the learned Reference Court was not justified in treating all lands as of the same character and thus LA.App.No.266/2008 & connected matters requiring furtlier correction by suitably depressing the price for such lands which were put in Category 'B' and Category 'C by Land Acquisition Collector in respect of which categorization it was urged that neither land owner had challenged the same by leading evidence to the contrary i.e. to show that such lands which were put in Category 'B' Category 'C, on account of pits and depressions of various depths, as per the awards passed by the Land Acquisition Collector was incorrect.

¶10Learned counsel for the land owners firstly urged that the learned Reference Court was not justified in ignoring the 2 sale deeds

25.3.2000, Ex.PW-1/3, in Land Acquisition Reference which is subject matter of LA.APP.No.780/2010 as arso thB~ SBte deed dated

25.4.2001, Ex.PW-l/2, in the same LA.Appeal. Vide sale deed Ex.PW-1/3, 33 bigha and 12 biswa agricultural land in village Mamurpur was sold @ ?26.75 lakhs/acre and as per the sale deed Ex.PW-l/2, 2 bigha and 19 biswa of land was sold in the revenue estate of village Khera Khurd for a sum of ^32.4 lakhs and adding on the stamp duty paid and corporation tax it was urged that per acre land price as of 25.3.2000 under Ex.PW-1/3 would be ?28.89 lakhs/acre pertaining to the-sale deed Ex.PW-l/2 the land price would be ^63.478 lakhs/acre. It was thus urged that the said 2 sale deeds would be good evidence to determine the fair market value of agricultural lands in the aforesaid 10 villages as of 7.8.2000,

11.9.2000,

2.5.2001,

22.8.2001,

7.12.2001,

16.5.2002,

25.5.2002 and 27.1.2003 i.e. the 8 dates on which notifications were issued under Section 4 of the Land Acquisition Act 1894 by suitably increasing or decreasing the price. As an extended limb of thiis argumeht, pertaining to village Narela, it was urged that cour LA.A Drice needs to be suitably enhanced and for which learned sel submitted that the same should be at least 10% more )p.No.266/2008&connectedmatters Page23 of74 and for which the argument was that when iji the-past,-.- ,- pertaining to a notification issued on 30.10.1963 under Section 4 of the Land Acquisition Act 1894. the Reference Court had given said benefit to agricultural lands in village Mamurpur-Narela by giving a. price benefit of ?2/- per sq.yd. This was upheld by the Suprenne Court in its decision dated 6.8.1987 In C.A.No.4405/1997 UP! vs. Dharambir & Ors. The said decision would reveal that price per bigha in .sum of ?6,650/- determined by the Land Acquisition Collector was enhanced to ?16,750/- per bigha by the Reference Court which was enhanced to 2,000/- per bigha by this Court and the decision of this Court was reversed by the Supreme Court and the one rendered by the Reference Court was restored.

¶11• Learned counsel for the land owners secondly urged, in the alternative to the first, that the learned Reference Court, having accepted that due to Bawana industrial Estate, Narela Residential Scheme Rohini Residential Scheme having . resulted in areas around the acquired lands being urbanized developed into residential and industrial estates, had resulted in subject lands having acquired a building potentiality, required fair market value to be determined with respect to the price at which DSIDC and DDA i.e. the implementing agencies, which acted as the Nodal Agencies for development of Rohini Residential Scheme and Bawana Industrial Area, sold developed land in the Rohini Residential Scheme Bawana Industrial Estate for which learned counsel took me through evidence led as noted by the learned Reference Court, which I would be noting hereunder while dealing with submission urged.

¶12j Alt^Jiatlveto the second suhmission,being the third submission, it was urged that as held by a Division Bench of this Court in the judgment reported as 2001 (93) DLT 150 Bedi Ram LA.App.No.266/2008 & connected matters vs. Union of India, it was permissibleto determine fajr mari<et yalue of acquired lands with reference to the fair market value determined by Courts at an earlier point of time by giving suitableincreasein the marketvalue of the land by percentages ranging between 6% per annum to 12% per annum for different periods. Sh.l.S.Dahiya, learned counsel for some of the land owners handed over a chart, worked upon by learned counsel, with reference to the decision in BediRam's case (supra) as per which price increase per annum till 30.3.1965 had to be @ 6% per annum with reference to the base price ^6,750/- per bigha as of 30.10.1963 i.e. the price affirmed by the Supreme Court in Dharambir's case (supra) and thereafter @ 10% per annum till

31.3.1973 and thereafter @ 12% per annum till the various dates when 8 notifications under Section" 4 of the Land Acquisition Act 1894 were issued from time to time, and with —which Lam .mncerned inJ±te prpgpni-apppak So worked out, learned counsel highlighted that as of 27.1.2003 the fair market value would come to ?56,88,759/- per acre and I may highlight that learned counsel had worked out as aforesaid for the reason he was appearing in such appeals where the price fixation has to be as of the notification dated 27.1.2003. Other learned counsel urged that on same principle market value should be assessed for preceding notifications

7.8.2000,

11.9.2000,

2.5.2001,

22.8.2001,

7.12.2001, 16-5.2002

23.5.2002. ,

¶13The fourth argument advanced was, for which ^^efer^ce was made by learned counsel for the parties in the evidence led in LAC No,99/2005, which is subject matter of 2 cross appeals Le. LA.APP.No.268/2008 filed by the land owners __and L^APP.No.292/2008filedJDy Unioa_QtJndia,that fair market value ishould have been assessed on yield basis by annualizing the yield for a period of 20 years and the evidence was the LA.App.No.266/2008 & connected matters • ^ testimony of Ram Kishan to the effect that by selling agricultural: produce from his lands he used to earn lakh per bigha per annum i.e. the fair market value as of 7.8.2000 i.e. the date of the notification issued under Section 4 of the Land Acquisition Act 1894 was issued pursuant whereto the land of Ram Kishan and others were acquired. It was thus urged that the fair market value as of said date should be ?20 lakhs per bigha. I may highlight that the fourth argument was only projected by Sh.S.Chaturvedi, learned counsel who appeared for Ram Kishan and others i.e. the appellants in LA,APP.No.268/2008 and the respondents in LA.APP.No.292/2008.

¶14The fifth argument advanced was by Sh.T.P.S.Kang, Advocate who appeared in a few matters and urged that for each of the notification in question the fairTnarket value ought to have been determined with reference to the notification which was closest in point of time whprp under minimum land value was fixed by the Government and the notification

24.1.2008 where under ^53 lakhs per acre was the minimum price fixed as of 18.12.2007; the mean average principle to be adopted was the precise argument.

¶15The last argument, which was in the alternative to the first 5, pertained to the notification

27.1.2003, dealing with which, in some References the learned Reference Court had, with reference to a sale deed

20.5.2002, where under 1 bigha and 13 biswa of land comprised in Khasra No.200 (1-13) in the revenue estate of village Rajapur Kalan was sold for ^5,39,690/-, determined the fair market value as per the said sale deed in the following'words: (Refer oara 17 of the decision dated 7.1.2010 inU^C No.ll7A/2009): "if lA/e add stamp duty in ttie saie price ^3.69.906/- per bigha ^5.39.690/- + 70,160 - 6,09,850 for 1 bigha and 13 biswa) which comes to %17,74,109/- per acre or 13,68,906/- per bigha. Further if we give 12% LA.App.No.266/2008&connectedmatters Page215 of74 • • ^ '^\ increase on said amount for intervening period between the date when the sale deed was executed and the date of notification u/S 4 (20.05.2002 to 27.01.2003) i.e. 8 months it come^to X19,16,037/-(roundoffXlQ,16,040/-)."The argument was tipat ifwe lool< at the award relatable to the said acquisition i.e. AWard No.l0/DC(NW)/2004-05.it would reveal that the award! pertained to 2188 bigha and 3 biswa land of which 1922 bigha !and 18 biswa land was put in Category 'A', 45 bigha and 2 biswaiin Category 'B' and the remainder 220 bigha and 3 biswa in Category 'C. The subject sale deed clearly referred to the land being comprised in Khasra rsro.2D0 and thai: page No.56-57 oriihe award would evidence"that^a in Khasra No.200 ad-measuring 1 bigha and 13 biswa was placed in Category 'C. Whereas the Land Acquisition Collector had deterrinined fair market value as of the date of the notification I • • i.e. 27.1.2003 in sum of ^15.7 lakhs per acre based upon the notification

9.8.2001 where under said price had been fixed ^s the minimum price as of 1.4.2001, and thereafter had depressed the same by ^1.7 lakhs per acre for Category 'B' lands,ifair market value determined whereof was ?14 lakhs per acre and further depress the same by another ^1.7 lakhs per acre for Category 'C lands, fair market value determined whereof was ?12.3 lakhs per acre. It would be apparent what the argument was. The argument precisely was that if the market value had to be determined with respect to the sale deed in question, the sanne had to be for Category 'C lands and for Category 'B' and Category 'A' lands price had to De increasedby ^1.7 lakhs peracre for each category.

¶16i i have alreadynoted hereinabovethe argumentswhich were advanced by Sh.Sanjay Poddar/learned senior counsel who appeajred for the Union of India and the same are reflected in para 9 above and hence I need not repeat the same. LA.App.No.266/2008&connectedmatters Page27 of74

¶17;!n various sub-paras of para 6 hereinabove, I have 3^ capsuled the reasoning of the learned Land Acquisition Gollector and the learned Reference Court pertaining to"the 8 notifications issued under Section 4 of the Land Acquisition Act 1894 and relatable to the 10 villages and thus I commence hiyJourney to deal witlp the arguments advanced keeping in view the facts noted as also the reasoning of the learned Land Acquisition Collector and the learned Reference Court as per various sub-paras of jDara 6 above.

¶18but before dealing with the arguments I need to highlight!various anomalies which strike the reader at the outset. The same would be:- A. Pertaining to the notification

7.8.2000 wherein lands wdre acquired in village Pooth Khurd, for Category 'B' lands, haying depressions and pits, deduction effected vis-^-vis price for Category 'A' lands is n.56 lacs per acre » pertaining to the notification dated 11.9.2000 where price has been determined for agricultural lands in village Khera Khurd, saidrpric4differentialhas been worked out at ^1.2 lacs per acre and whil^ determining fair market value for agricultural lands in village N^rela which were acquired pursuant to the notification

2.5.2001 the deduction effected is ^.7 lacs per acre, which is;the same figure adopted when fair market value of agricultural land in village Holambi Kalan was determined as of j. • • • . . dat^

22.8.2001. Pertaining to notification

27.1.2003 and relatable to village Sanoth the price differential on said count has again been taken at ^1.7 lacs per acre to inter se differentiate the-price between Category 'A', Category 'B' and Category! 'C lands. In other words, the price differential has varied between ^1.2 lacs per acre, 1,56 lacs per acre and ?1.7 lacs per acre. LA.App.No 266/2008 & connected matters — B. The learned Land Acquisition Collector has adopted the minimum price notified closest in point of time to the date when Section 4 notificationwas issued without appreciating the land price with reference to the date of the Section 4 notification i.e. no benefit of price rise for the intervening period has been given. G--~~ The^earned Reference Court has adopted the minimum price notified and has given appreciation ranging between

11.5% per annum and 12% per annum and in some cases has compounded the same and in some given said benefit at the simple rate. D. Pertaining to village Holambi Kalan .where acquisitions were made pursuant to the notifications

7.8.2000 ^nd

23.5.2002 the learned Reference Court has adopted the price determined by this Court in Gairafs case (supra) as of

15.11.1996 has given appreciation at the rate of 12% simple per annum for the former notification and at the rate of 12% compounded per annum for the latter. E. Whereas for notification

27.1.2003 learned Reference Court, in some references has determined fair market value with reference to the minimum price notified as of 1.4.2001 has given appreciation, in some cases has determined the fair market value based on the sale deed dated ,20.5.2002. F. Wherever learned Land Acquisition Collector has classified lands in Category 'A', 'B' and 'C reasons thereof have ^een given in the award but the learned Reference Court, while "aWr^irTg uTTPforrtl com^^ has given no reasons as to why it was treating all lands to be of same character and quality.

¶19Since I am dealing with acquisitions in 10 villages and 8 notifications issued under Section 4 of the Land Acquisition Act 1894, I think it advisable to put in a tabular form the relevant LA.App.No.266/2008&connectedmatters Page29of74 tacl_s, wHich wloma for-furttqf^r afvatysis." Put in a tabular form the data would be as under:- ^ Village Date of Section Notification LAC compensation (in lakhs/acre) with reasons ADj compensation (in lakhs/acre) with reasons Pooth Khurd

7.8.2000 Cat.'A'ns.82 Cat. 'B'n2.26 Minimum price as-of 1.4.2000 Cat. Uniform. ^4.3728. -Minimum price as of

1.4.2000 with 12% increase p.a. Holambi Kalan

7.8.2000 n3.82 Minimum price as of 1.4.2000 ^4.12995. Price as in Gairafs case as of

15.11.1996 with 12% increase p.a. Holambi Kalan

22.8.2001 Cat. 'A' ^15.7 Cat. 'B' ^4 Minimum price as of 1.4.2001 Cat. Uniform. n6.43811. Minimum price as of

1.4.2001 with 12% increase p.a. Holambi Kalan

23.5.2002 n5.7 Minimum price as of 1.4.2001 ?22.14239. Price as in Gairafs case as of

15.11.1996 with 12% increase p.a. (compounded) Bawana

7.8.2000 Cat. 'A' n3.82 Cat. 'B' ?12.62 Minimum price as of 1.4.2000 No enhancement given. Khera Khurd

11.9.2000 Cat. 'A' ?13.82 Cat. 'B'n2.62 Minimum price as of 1.4.2000 " Cat. Uniform. n4.40157. Minimum price as of

1.4.2000 with 12% increase p.a. Narela

2.5.2001 Cat. 'A' as.7 Cat. 'B' n4 Minimum price as of 1.4.2001 Cat. Uniform. n5.857. Minimum price as of

1.4.2001 with LA.App.No.266/2008 & connected matters -3M 12% increase p.a. AM Pur

22.8.2001 Cat. 'A' ?15.7 Cat.'B'?14 Minimum price as of 1.4.2001 ?16.43811. Minimum price as Of

1.4.2001 with 12% increase p.a. Ali Pur

23.5.2002 ^15.7 Minimum price as of 1.4.2001 n7.8524 Minimum price as of

1.4.2001 with 12% increase p.a. Holambi Khurd

22.8.2001 ?15.7 Minimum price as of 1.4.2001 n6.43811 Mininrium price as of

1.4.2001 with 12% increase p.a. Rajapur Kalan

22.8.2001 ?15.7 Minimum price as of 1.4.2001 a6.43811 Minimum price as of

1.4.2001 with 12% increase p.a. Rajapur Kalan

27.1.2003 Cat. 'A' n$.7 Cat.'B'n4 Cat. 'C n2.3 Minimum price as ofl.4.2001

¶1m.13765 for Uniform category. Minimum price as of

1.4.2001 with 12% increase p.S. in some cases.

¶2n9.1604 for Uniform category based on sale deed

25.5.2002 with 12% increase p.a. Sanoth

7.12.2001 a5.7 Minimum price as Ofl.4.2001 n6.99042. Minimum price as of

1.4.2001 with 12% increase p.a. Sanoth

27.1.2003 Cat. 'A' ?15.7 Cat.'B'fM Cat.'C'n2.3 Minimum price as Ofl.4.2001 ^9.13755 . for Uniform category. Minimum price as of

1.4.2001 with 12% increase p.a. LA.App.No.266/2008& connectedmatters "Shahpur Garhi

16.5.2001 Cat. 'A' n5.7 Minimum price as of 1.4.2001 U7.J5359^ --- Minimum price as of

1.4.2001 with •• compound interest @ 11.5% p.a. Shahpur Garhi

23.5.2002 Cat. 'A' ^15.7 Minimum price as of 1.4.2001 ?17.79781. Minimum price as of

1.4.2001 with compound interest @ 11.5% p.a.

¶201now propose to deai with tlie 6 submissions urged by learned counsel for the land owners and the 2 submissions urged by the Union as noted in paras 10 to 15 hereinabove (pertaining to the land owners) and para 8 above (pertaining to Union of India).

¶21The first argument is predicated on the 2 sale deeds, Ex.PW-1/3 which is dated 25.3.2000, and the sale deed Ex.PY\/- 1/2 which is dated 25.4.2001. As per the former, fair market value for the former comes to ^26.75 lakhs per acre and the latter @ ?63.478 lakhs per acre. The learned Reference Court has rejected the 2 sale deeds as reliableevidence to determine fair market value of agricultural lands, for all the villages in question on the reasoning that the sale deed Ex.PW-1/3 was purchased by a religious trust by the name of 'Radha Swami Satsang' and Suraj Bhan PW-5 who had tendered the sale deed in evidence, while deposing in Court in LAC No.68/2005 had stated that to his knowledge land was purchased for religious purpose and was being used for a religious purpose. The sale deed Ex.PW-1/2 has likewise been held not to be reliable evidence to determine fair market value of agricultural lands on the reasoning it was purchased by a Non Government Organization"Christian Organization" and as per the testimony LA.App.No.266/2008& connectedmatters 3' of PW-7 Sister Annie, tlie secretary of the organization stated I that the organizationliad to pay the-pf4€€-forthe said piece of land as it was the only plot of the requisitesize suitablefor the requirement of the organization and is being used for destitute wonpen i.e. there was a special circumstance,personal to the vendee.

¶22As held in the decisions reported as 1995 (1) SCC 717 LandAcquisitionOfficerEluru&Ors. 1/5. Isti Rohini&Anr. {Refer para 6) and 2009

(14) SCC 369 l^olid. Raufuddin l/s. Land Acquisition Officer (Refer para 13) sale transactions evidenced in a sale deed which are tendered in evidence by virtue of Section SlAjOfthe L.A;Act 1894 have not to be ipso facto treated as an exemplar sale deed to determine the market value of land in an area for the reason there may be special circumstances which have led the buyer to pay a higher price. The true test is the price which a well informed willing buyer would pay to an equally well informed seller without being influenced by any special circumstances or the fancy to buy a particular piece of land. An informed buyer would be one who has studied market and has apprised himself of all available land in the area; has understood the topology of the area and the prevailing prices. If a buyer has a fancy for a particular piece of land, he may ipay a much higher price and this would not be a good index of fair market value of the lands in the area. I would: be failing if 1do not highlight that the Union of India had relied upon the sale deed dated 20.5.2002, which 'was accepted by the learned Reference Court pertaining to the notification

27.1.2003 where-under agricultural land in village Rajapur Kalan was Sold by an agriculturist to an agriculturist for a much lesser price; i.e. ?17,74,109/- per acre as against the price which comes to ^63.478 lakhs per acre for Ex,PW-l/2 and ^28.89 lakhs per i acre for Ex.PW-1/3. The 2 sale deeds Ex.PW-1/2 and Ex,PW-l/3, LA.App,No.266/2008& connectedmatters . Page33 of l^j themselves are having intrinsic evidence of the fanciful price Thus. reasoning of learned Reference Court, with which I concur, afore-noted reasons in para 21 above would be additional reasons to hold that the 2 sale deeds would advisably not be good evidence wherefrom fair nnarl<et value of subject lands can be determined and more so for the reason I find that under various awards nearly betvyeen 7,000 to 8,000 bigha of land have been acquired and when the acquisition is of such large an area. It would make all the more a reason to be circumspect on sale deeds having intrinsic evidence of the transaction being the result of a fancy of the buyer. I would be failing not to note an unreported decision cited by learned counsel Sh.l.S.Dahiya being the decision dated

19.12.2008 disposing of a batch of appeals, lead matter being LA.App.No.193/2006 Pratao Sinah (since deceased) thru LRs l/s. UOr& Ors. It was highlighted that the sale~deed"therein by which L&T had purchased 8 bigha and 9 biswa of agricultural land for expansion of its factory which had been ignored by the learned Reference Court on the ground that L&T had a fancy for the said land and hence the price reflected therein could not be treated as a good ,evidence of value of land in the area, was rejected by the Court and the price in question, with suitable deduction on account of the parcel of land being large, was accepted by the Court and thus even in the instant cases the 2 sale deeds in question i.e. Ex.PW-1/2 and Ex.PW-1/3 should be treated as the basis to determine fair market value. The argument ignores the reasoning in the decision of the Division Bench in paras 37 to 38 wherein the Division Bench, did not acceptlthe value in the sale deed on its own logic as indicative of the!market value, but TouWthat if the price therein was reducel:! by 1/3'"^ the price arrived at would be the same as LA.App.No.266/2008&connectedmatters Page34,of74 3? would be price arrived at with referencetoThe average rate of. the saje deeds producedby the Union of India i.e. the sale deeds produced by the Governmentwere giving a price of ?1,37,000/- per bigha and the sale deed underwhich L&T had purchasedthe land gave the price53,26,600/-per bigha and the;averagewould come to ?2,31,800/- which was near about the price of ?2,15,;j.60/-per bigha, if would be deductedfrom the sum of ?3,26,600/-. It may further be highlighted that in the said judgment the year of the sale was 1993 and the notification under Section 4 of the Land Acquisition Act was dated 24.7.1995 and 16.11.1995 and the Court determined fair market value as of the isaid dates at the same sum arrived at as aforesaid i.e. ?2,15,160/-. In other words, the reasoning of the Division Bench is not to be read pedantically but meaningfully. It is not that the Court treated the sale deed in question as the basis for if it was so, the appreciation for 2 years had required to be given. ! would highlight once again, that I have hereinbefore already noted the inherent contradiction in the value of the land price as per the 2 sale deeds this itself is intrinsic mutuall|^ destructive evidence of the 2 sale deeds reflecting fair, market value.

¶24Thus, the first argument as noted in para 10 above is rejected and I immediately highlight that the extended limb of argument that after accepting said sale deeds as indicative of the fair market value of the land, pertaining to village-Narela, in view of the decision in Dharambir's case (supra),, land price should be suitably enhanced would be dealt with by me at the end when I determine the fair market value of . I • - • - lands for the villages in question.

¶25The second argument, contours whereof are= to be found in para 11 of my decision herein above, I need to note the LA.App.No.266/2008 & connected matters Page 35 of.74 latest pronouncement of the Supreme Court on the issue as per the decision reported as 2009 (15) SCC 769 Lai Chand v/s. UOI. 26, But before that I must highlightthat the decision in LM Chand's case (supra) predicated a claim on a DDA brochure whereunder, on lease-hold basis, residential plots were allotted for residential housing scheme and the ar^gument was being considered for fixation of fair market value of agricultural lands in village Rithala, where further lands were acquired for the same residential scheme i.e. 'Rohini Residential Housing Scheme'. I highlightthat agriculturallands in village Rithala are situated within the 'V formed by NH-1 and NH-IO i.e. G.T.Karnal Road and Rohtak Road.

¶27Pertainingto the price charged by DDA after acquiring agricultural lands, developing the same and transferring perpetuallease-holdrights,which observationswould equallybe relevant to industrial layouts, in paras 11 to 27, the Supreme Court observed and held as under:- "Whether the DDA brochure is relevant evidence?

¶11The DDA brochure (Ext. X-1) dated 9-2-1981 is an invitation seeking applications from members of the public for allotment of plots on lease basis under the Rohini Residential Housing Scheme. The brochure stated that the plots were in a layout formed/to be formed in Rithala and the surrounding villages. The brochure gives the following provisional rates for allotnrientof plots on leasehold basis: SI. No. Plotsize Category Rate (per square metre)

¶126 sq m Economicallyweaker sections Rs 100 (EWSV

¶232 sq m Low incomegroup (LIG) Rs 125

¶348 sq m Low incomegroup (LIG) Rs 150 607^ m Middle incomegroup (MIG) Rs 200

¶5, 90 sq m Middle incomegroup (MIG) Rs 200 I LA.App.No.266/2008&connectedmatters Page36 of74 \yvO Tire appellants contend that Rs 150 per square metre which ,s the averageof the said provisionalrates sS be takenas indicativeofthe ruling marketprice. consideration, we are of the view that such allotment rates of plots adopted by development authoritieslike DDA cannot form the basis for award of compensation for acquisition of undeveloped lands for several, reasons. Firstly, market value has to be determinedwith referenceto large tracts of undeveloped agriculturallands in a rural area, whereas the allotment rates of developmentauthoritiesare with reference to small plots in a developedlayoutfalling within urban area. Secondly, DDA and other statutory authorities adopt differentratesfor plots in the same area with referenceto the economiccapacityof the buyer, making it difficultto ascertain the real market value, whereas market value determinationfor acquisitions is uniform and does not depend upon the economic status of the land loser. Thir;dly, we are concerned with market value of freehold fan^-whereas the attotment"rates" in the DDA brochure refer to the initial premium payableon allotmentof plots on leasehold basis. We may elaborate on these three factors. First factor .13. The percentageof "deductionfor development"to be made to arrive at the market value of large tracts of undeveloped agricultural land (with potential for development), with reference to the sale price of small developedplots, varies between 20% to 75% of the price of such developedplots, the percentage depending upon the nature of development of the layout in which the exemplar plots are situated.

¶14I The "deductionfor development"consists of two components. The first is with reference to area required to be utilised for. developmental works and the second is the cost of the development works. For example, if a residential layout is formed by DDA or similar statutory authority, it may utilise around 40% of the land area in the layout, for roads, drains, parks, playgrounds and civic amenities (community facilities), etc, I

¶15The development authority will also incur considerable expenditure for development of undeveloped land into a developed layout,, which includes the jcost of levelling the land, cost of providing roads, j LA.App.No.266/2008&connectedmatters Page37of74 underground drainage and sewage faciiities/Tayihg\^^^ lines, electricity lines developing parks civil a I i lUI 11LI WilTCrn VVU UIU Uc aUUUL /o Ui Lilc vdiUc Ul LTIc developed plot. The two factors taken together would be the "deduction for development" and can account for as much as 75% of the cost of the developed plot.

¶16On the other hand, if the residential plot is jn an unauthorised private residential layout, the percentage of "deduction for development" may be far less. This is because in an unauthorised layout, usually no land will be set apart for parks, playgrounds and community facilities. Even ifany land is set apart, it is likelyto be minimal.The roads and drains will also be narrower, just adequate for movement of vehicles. The amount spent on development work would also be comparatively less and minimal. Thus the deduction on account of the two factors in respect of plots in unauthdrised layouts, would be only about 20% plus 20% in all 40% as against 75% in regard to DOA plots,

¶17The "deduction for development" with reference to prices of plots in authorised private residential layouts may range between 50% to 65% depending upon standards and quality of the layout.

¶18The position with reference to industrial layouts will be different. As the industrial plots will be large (say of the size of one or two acres or more as contrasted with the size of residential plots measuring 100 sq m to 200 sq m), and as there will be very limited civic amenities no playgrounds, the area to be set apart for development (for roads, parks, playgrounds and civic amenities) will be far less; and the cost to be incurred for development will also be marginally less, with the result the deduction to be made from the cost of an industrial plot may range only between 45% to 55% as contrasted from 65% to 75% for residential plots.

¶19;lf the acquired land is in a semi-developed urban area, :and not an undeveloped rural area, then deduction for development may be as much less, that is, as littl^ as 25% to 40%, as some basic infrastructure will already be available. {Note. The percentages mentioned above are tentative standards and subject to proof to the contrary.)

¶20Therefore deduction for "development factor" to be made with reference to the price of a small plot iri a developed layout, to arrive at the cost of undeveloped land, will be far more than the deduction LA.App.No.266/2008 & connected matters VX3 with reference to price of a small plot in an unauthorised private layout or an industrial layout. It is als€^-we+f kmwft that the development cost incurred by statutory agencies is much higher than the cost incurred by private developers, having rega^^o higher overheads and expenditure.

¶21Even among layouts formed by DDA, the percentage of land utilised for roads, civic amenities, parks and playgrounds may vary with reference to the nature of layout—whether it is residential, residential- -€UiTh€OfFmfieraa]-efHRd^ an4«vef^ among residential layouts, the percentage will differ having regard to the size of the plots, width of the roads, extent of community -faeHities, parks and playgrounds provided.

¶22Some of the layouts formed by the statutory d^evelDf>ment authorities may have farge areas earmarked for water/sewage treatment plants, water tanks, electrical substations, etc. in addition to the usual areas earmarked for roads, drains, parks, playgrounds and community/civic amenities. The purpose of the aforesaid examples is only to show that the "deduction for development" factor is a variable percentage and the range of percentage itself being very wide from 20% to 75%. Second factor

¶23DDA and other statutory development authorities adopt different rates for allotment of plots in the same layout, depending upon economic status of allottees, classifying them as high income group, middle income group, low income group, economically weaker sections. As a consequence, in the same layout, plots may be earmarked for persons belonging to economically weaker sections at a price/premium of Rs 100 sq m, whereas the price/premium charged may be Rs 150 per square metre for members of low income group, Rs 200 per square metre for persons belonging to middle income group and Rs 250 per square metre for persons belonging to high income groups.

¶24The ratio of sites in a layout reserved for HIG, MIG, LIG and EWS may also vary. All these varying factors reflect in the rates for allotment. It will be illogical to take the average of the allotment rates, as the "market value" of those plots does not depend upon the cost incurred by DDA statutory authority, but upon the paying capacity of the applicants for aHotment. " Third factor LA.App.No.266/2008 & connected matters \A^

¶25Some development authorities allot plots on freehold basis, that is, by way of absolute sale. Some development authorities like DDA ailotptots-cnTteasHhurd basis. Some have premium which is almost equal to sale price, with a nominal annual rent, whereas others have lesser premium, and more substantial annual rent

¶26There are standard methods for determining annual rental value with reference to the value of a freehold property. There are also standard methods for determining the value of freehold (ownership) rights with reference to the annual rental income in regular leases. But it is very difficultto arrive at the market value of a freehold property with reference to the premium for a leasehold plot allotted by DDA. As the period of lease is long, the rent is very nominal, sometimes there is a tendency among the public to equate the lease premium rate (allotment price) charged by DDA, as being equal to the market value of the property.

¶27However, in view of the difficulties referred to above, it is not safe or advisable to rely upon the allotment rates/auction rates in regard to the plots formed by DDA in a developedlayout, in determiningthe market value of the adjoining undeveloped freehold lands. The DDA brochure price has therefore to be excludedas being not relevant." 2Bvv i The evidence on the subject has been discussed by the learned ReferenceCourtand I reproducethe same by extracting from LAC Reference NO.117A/2009. The argument advanced before the learned Reference Court, being the same as was advanced before me, has been noted by the learned Reference Courtwith reference to the evidence relied upon. It reads:- "Ld. Counsel fi)j_tb_e_4iemojiersJiasfurther submitted that DDA & DSiDC allotted plots in Narela Residential Ariea and Narela Industrial Area at much higher rate: He has relied upon allotment letter dated 04.01.2000 issued by DDA of the plot no.52, Pkt. 03, Sector A-5, Narela which was allotted to Sh. Hem Chander at the pre-determinedrate of ?3028/-which he has proved as Ex. PW6/1, Allotment letter dated 26.06.2003 of plot no.55 Pocket 03, Sector-05 area measuring 70 Sq. mietres in which rate was fixed as ^3,989 per sq. mkres, which is Ex.PW6/2both this and allotmentletter dated 09.07.90 of industrialplot allotted by DSIDC i.e. LA.App.No.266/2008&connectedmatters Page40 of74 \ • \A.S plot no.270, measuring sq. yards at Narela Industrial Complex at the rate of ^650 so. metres which is Ex. PW3/1 another allotment letter

25.04.2000 of industrial plot which is Ex. PW3/2, which ! was sold at ?3000 per sq. metres. Further Ld. Counsel has submitted that from Istatement of PW9 Kanwal Singh & document Ex. PWll/1, which is detail of land acquired. It is apparent that total land acquired is 7209 bigha. Thus total cost : of development per bigha would be 1794400000 = ?248911 whereas Ld. Counsel has submitted that DDA by selling alternate plot in Narela Residential Scheme @ ?3208 would be ^2531408/- per bigha. And if 30% of the total area utilized for roads, ^park, drain etc. total area comes for sale is 70% so the iprice of per bigha would come to (2531408 - 759422 = 17719866 per bigha). And after deducting development charges from sale price of one bigha i.e. ?1771986 - 248911 = 1523075 per bigha, where as petitioner has been given rate only ?3,27,083/- per ^gtrar— Similarly he has tried to demonstrate the profits earned by DSIDC. He has relied upon testimony of PW7 R.D. Sharma, Asstt. Manager, DSIDC who has produced documents Ex. PW7/A (Colly). Ld. Counsel has argued Ithat total expenditure incurred on development of Narela Project by DSIDC was 720526901 till 2001 and total area of plots with DSIDC was 11247 hectare i.e. 1361250 sq. yard. Therefore, total earning of DSIDC is ^2142917 per bigha, calculation is as under; Total area under plots =

112.47 hec i.e. 1361250 sq. yards. Price per sq. metre in year 2000 at which DSIDC sold plot ?3000/-per sq. yards Total earning = ^4083750000 Total expenditure = ^720526^01 Total profit = ?3363223099 i.e. Profit comes to t2470 "per sq. yardr^"f2470000 per Ibigha (i.e. 3363223099 divided by 1361250 sq. yards) and the LAC has paid compensation @ T327083 per bigha lonly, meaning thereby that DSIDC has earned a profit of j?214291Xper bigha Ld. Counsel for the petitioners has further argued that LAC has awarded compensation @ ?327083 per LA.App.No.266/2008 & connected matters V\\p bigha for the land in question if 200% appreciation of the said price is considered__,Qnaccount of land, the figur^ comes to ?654166. If the amount is deducted from sale .. _ Mce."per b[g.h_a i.e. ^24700000, the figure comes to T1815834 per bigha & petitioner is entitled for the same." -2-9. do not tove evidence as to what was the extent of plotted land sold by DSIDC or DDA with reference to the Bawana Industrial Estate developed by DSIDC and Narela Residential Scheme developed by DDA. Whether it was 20% or 75%, we.do not know. The inchoate evidence has resulted in the same factors, being 3 in number which were noted by the Supreme Court in La! Chand's case (supra), which render this evidence as most unreliable to determine the value of land in the subject cases.

¶30It is no doubt true, as held even by the loarnod Reference Court, that with development of Bawana Industrial Area, Rohini Residential Scheme Narela Residential Scheme, the subject lands had acquired a building potentiality, but the question would be what would be the value to which the building potentiality would translate itself.

¶31I hold that the learned Reference Court, keeping in view the observation and the findings of the Supreme Court in Laf Chancts case (supra) has rightly rejected said evidence as reliable. On the issue of potentiality relating itself to the value, I promise the reader of the decision, to deal with the same while 1 shall be discussing as to what should be the fair market value of the lands.

¶32The third submission in the alternative was_ based upon the observations of a Division Bench of this Court in Bedi Ram's case (supra), and the submission is as noted In para 12 here;in above. The land owners require price determined in Dharambifs case (supra) relating to the notification LA.App.No.266/2008&connectedmatters Page 42 of74

30.10.196'^in siim of Mamurpur to be treatedas the basis and progressivelyincreased,firstly by 6% per annum, then by 10% per.annum and lastly by 12% per annurn for different periods and thereby determine the fair market value for the 8 notifications in question.

¶33I It be highlightedthat in BediRam's case fsupraV with referenceto the base date as of they^T'ig^^^^^^^^ the year 1976 ije. a period spanning 17 years the Division Bench of this Court applied the progressive increase method by firstly enhancing the price per annum by 6% till the year 1965 and then by 10% per annum till the year 1973 and finally by 12% for the remaining 3 years.

¶34I However, In La! Chancfs case (supra), the Supreme Court categorically opined as under:- "Whether the award relating to acquisition on 24-10-1961 is reievant?

¶47The appellants contend that some lands in Rithala were acquired under Section 4(1) Notification dated 24-10-1961 for the planned development of Delhi and connpensation was*awarded at the rate of Rs 7000 per bigha. Their contention is that as the present acquisition is in the year 1981, the market value of the acquired land should be determined with reference to the market value determined for the 1961 acquisition by; providing an appropriate increase at cumulative/compounded rate of 12% per annum. This Court had occasion to examine this issue recently. In ONGC Ltd. V. Rameshbhai Jivanbhai PatellQ. this Court held: (SCC p. 751, para 15) ; "15, Normally, recourse is taken to the mode of I determining market value by providing ~ " —" appropriate escalation 0verthB~pT0ved~market value of nearby lands in previous years (as —evidef^d by s-ale transactions or acquisitions), S where there is no evidence of any contemporaneous sale transactions qr acquisitions of comparable lands in neighbourhood. The said method is reasonably LA.App.]N[o.266/2008& connected matters -safe :: ^ ^-sate-transaetions/aequisitions precede subject acquisition by only a few years, that is, up to four jto five years. Beyond that it may be unsafe, even if it relates to a neigtibouring land. What may be a reliable standard if the gap is of only a few years, may become unsafe unreliable standard where the gap is larger For example, for determining market value of a land acquired in 1992, adbpting tlie annual increase hiethod with reference to a sale or acquisition in 1970 or 1980 may have many pitfalls. This is because, over the course of years, the 'rate' of annual increase may itself undergo drastic change apart from the likelihood of occurrence of varying periods of stagnation in prices or sudden Spurts in prices affecting the very standard of increase." (emphasis supplied)

¶48Even if the relied upon transaction is only two to three years prior to the acquisition, the court should, before adopting a standard escalation, satisfy itself that there were no adverse circumstances. For example, if the acquisition is of this year 2009, it may not be possible to determine the market value, based on the 2007 or 2008 prices, by providing an increase of 12% or 15% Iper year, as the newspaper reports discJose that the price of immovable properties in most areas of the country came down by more than 40% to 50% from the 2007 rates. Caution is therefore necessary before increasing price with reference to old transactions. Be that as it may. It is clear that the award made in regard to a 1961 acquisition will not be of any use ;for determining market value for a 1981 acquisition."

¶35It is apparent that the ratio of law laid down by the Division Bench in Bedi /?^A??^s-case-teufifa) runs in the teeth of the law declared by the Supreme Court in La! Chands case -which decision follows-an—earlier decision of the Su^emei Court reported as 2008 (14) SCC lAb ONGC Ltd. 1/5. Rameshbhai iivanbhai PateL LA.App.No.j266/2008&connectedmatters Page44 of74 • M in the iiibLdiiLLdbe there is another good reason rfbt to follow the law laid down in Bedi_Rarrfs c^se (supra) for the reason I find that a Co-ordinateDivision Bench of this Court, in the d,ecision reported as 88 (2000) DLT 650 (DB) Saraswati Dpvi I . &Ann 1/5. UP! &Ors., pertainingto agriculturallands in village MamUrpur-Narela, did not apply the progressivepercentage increasewith referenceto the price deternninedin Djiarambjls case (supra) as of the year 1963, which would have resulted in the land price being determined in villageMamurpur-Narela as of 14.3.1980 @ ^2010/- per annum per bigha and gave the increase @ ?1000/- per bigha. If Bedi Ram's principle was applied the price would have come to approximately ?50,000/- per bigha but the learned Division Bench determined the same at ^33,00W-per higha.

¶37That apart, as would be noted herein after by me, while discussing on the issue of the fair market, value of subject lands, in the unreported decision of a Division Bench of this Court in LA.APP.No.866/2005 decided on 11.5.2006, Mahender Sinoh vs. UP!& Ors. and connected Land Acquisition Appeals pertaining to agricultural lands in village Bawana, and I highlight that one village with which I am dealing is village Bawana, pertaining to a . notification dated 15.11.1996 issued under Section 4 of the Land Acquisition Act where-under 3604 bigha biswa of agricultural land in village Bawana was acquired for an industrial estate'i.e. Bawana Industrial Estate, the fair market value as of

15.11.i§§6was determmed(3) ?1,99,904.68bigha which equals to ^9,59,542.46 per acre and relevant would it be for me to highlight that if the notification dated 25.7.1997 by which price for agricultural land being the minimum price determined by the Government was ?10 lakhs per acre as of 1.4.1997, the price LA.App.No.266/2008&connectedmatters Page45 of74 determined by the Division Bench would equal the minimum ^ price notified by the Government. -38. IIf I were to take--the—pTTCe-as-of--±5.il \ ^9,59,542.46 per acre, pertaining to the notifications with which I am concerned, the price would be approximately the same as determined by the learned Reference Court if I give benefit of progressive increase by 10% per annum. But, I leave it at that for the moment for the reason,- as assured by me herein above, I would be holistically discussing the subject while opining upon the fair market value of the subject lands as on date of the 8 notifications in question.

¶39The-fo-uith argument, which was advanced oniy by Sh.S.Chaturvedi, learned counsel who appeared for Ram Kishan and others, the appellants in LA.APP.No.268/2008 and who are the respondents in the Cross Appeal filed by Union of India i.e. LA.APP.No.292/2008, is as noted in para 13 above i.e. testimony of Ram Kishan that from the subject lands belonging to the family they were earning ?1 lakh per bigha by sale of agricultural produce.

¶40The learned Reference Court has not accepted testimony of Ram Kishan because he gave no'proof in support of his oral; testimony.

¶41The reasoning of the Court that there was no crop standing on the land when its possession was taken over on

4.10.2000 would require an inference to be drawn that the acquired lands belonging to the family were not being put to agricultural use and growing 3 to 4 crops per year, is fallacious no doubt, for the reason it is matter of common knowledge that by the week of September rice is harvested in Delhi and if vegetables are grown, even they are harvested and the land is left fallow for some time, to be readied to grow wheat which is LA.App.No.266/2008& connectedmatters Page46 of 74 sown around the first week or the second week of November each yeaj:.

¶42But the other reasoning of there being no evidence led in the form of documents is relevant. Now, as per the testimony of Ram Kishan he was working as an Administrative Officer in the Municipal Corporation of Delhi till 31.3.1996 i.e. was not a tiller himself till said period and thereafter earned a.pension. If the family, as claimed by him, was earning ?1 lakh per bigha, for the lands belonging to the family, which admeasure 18 bigha and 18 biswa, the annual income would be n9 lakhs and one fifvds ,it strange that not a penny was invested in a bank or a security wherefrom interest or dividend could be earned. Besides, there is no proof of such high volume of sales being effected in the local Mandi or otherwise. The trader to whom i • . . • • • the produce was sold has not been examined. No proof of number of workers employed, diesel purchased to run the tube-well* if any, to irrigate the fields or electricity biils paid if the pump was electrically driven has been furnished and if the fields were irrigated by canal water, no proof of any payment made to the irrigation department has been furnished. Thus, the learned Trial Judge is fully justified in hot adopting the yield basis, by capitalizing the same, to determine the fair market value of lands.; There is no reliable evidence on the issue of the yield and the self serving deposition of Ram Kishan has been rightly rejected.

¶43If there is reliable evidence of an independent expert or there [is otherwise reliable evidence, as was found in the decision of the Supreme Court reported as JT 1997 (1) SC 444 State of Gujarat & Ors. Vs. Rama Rana & Ors.. pertaining to the yield from agricultural land, only then it would be safe to determine fair market value by applying principle of LA.App.No.266/2008& connectedmatters Page47 of 74 capitalizing on the yield basis and that too, capitalizing being 10 times the annual yield and not 20 times as was sought to be projected.

¶44The fifth argument which was advanced, as noted herein above in para 14, by Sh.T.P.S.Kang, Advocate was that the mean average principle be adopted with reference to the notification dated 24.1.2008.

¶45In para 7 above, I have put in a tabular form, the minimum prices notified for agricultural land in Delhi from time to time. I highlight that the notifications with which I am concerned are dated 7.8.2000,

11.9.2000,

2.5.2001,

22.8.2001,

7.12.2001,

16.5.2002,

25.5.2002 and 27.1.2003 i.e. the years are 2000, 2001, 2002 and 2003. From the table in para 7 above, we find that minimum prices have been notified as of

1.4.2000,

1.4.2001 and 30.8.2005. Thus, there would be no need to factor in minimum price notified under notificationdated 24.1.2008 which is w.e.f. 8.12.2007 i.e. is 4 years away froni the last year with which Iam concerned i.e. the year 2003. I highlightthat recl<onedw.e.f.the year 2000 i.e. the first year with which 1am concerned, the notification would be 7 years away. The law of statistics which governs mean average as one of the recognized modes to determine a value, in between 2 given values, requires the 2 end points to be the ones Which would-be dosest-fee-^he-pGint f&F w+ncJ^ tire mean average has to be determined.

¶46' I am left to deal with the last submission, as noted in para 15 herein above, and for which Ihighlightthat the learned Reference Court has, pertaining to the notification dated

27.1.2003 determined the fair market value in some References with iiespect to a sale deed dated 20.5.2002 where under 1 bighaland 13 biswa of land was sold in villageRajapurKalan and LA.App.No.266/2008&connectedmatters Page48 of74 has ideterminedthat based thereon the price as of said date worl<i&out to ?17,74,109/-p€facre and increasingthe sarrrefor 8 months by 12% per annum, for the.date 27.1.2003 the price would be ^19,16,037/-per acre rounded off to ?19,16,040/-per acre.

¶47; With referenceto the Award No.l0/DC(NW)/2004-05it is apparentthat land comprisedin Khasra No.200 admeasuring 1 bigha and 13 biswa was a Category 'C land. The sale deed in questionpertainsto the same land and indeedthere is logicthat if said sale deed had to be accepted, it would reflect fair market value of Category 'C land. As per the learned Land Acquisition Collectom.7 lakhs per acre would be required to fill up the depressions for land in Category 'B' and further sum of ?1.7 lakhs per acce--wouid--berequired to fill up the dcprcsstens in Category 'C land, meaning thereby depressions in Category 'B' land were less vis-a-vis Category 'C land. In other words, with reference to Category 'A' land, the price of Category 'C land would have to be reduced and vice-versa, vis-a-vis Category 'C land, the price for Category 'B' land and for Category 'A' land would be required to be increased suitably.

¶48I now enter the final stage of my discussion. In view of the evidence herein above noted and reflecting upon the reasoning adopted by the learned Land Acquisition Collector and the learned Reference Court, I pose the question: What should be the fair market value of the subject lands as of 7.8.2000,

11.9.2000,

2.5.2001,

22.8.2001,

7.12.2001.

16.5.2002,

25.5.2002 andl

27.1.20^3 i.e. dates on which the notifications were issued under Section 4 of the Land Acquisition Act 1894.

¶49Bench J^ have, in para 37 above, noted a decision of a Division of this Court in LA.APP.No.866/2005 decided on LA.App.No.266/2008&connectedmatters Page49 of74 11-5.2006,MahenderSinahvs. um^ nr^: wherein pertainingto -vWacre-Bawaina,fair market-vattiedetermined as of 15.11.1996 is n,99,904.68per bigha which equalsto ?9,59,542.46per acre. The said decisionwould be relevanton the issue of potentiality, an issue which I have promisedto discuss. The decision notes that th^e subject lands i.e. the lands with which the Division Bench was concerned,had acquireda potentialityInasmuchas, as discussed in paras 25 to 28 of the decision, rural areas in the Union Territory of Delhi was attracting migrants. Based on population growth, 5 villages in rural Delhi were identified for providing major health facilitresr sctiools, markets and rural industry, one of which was village Bawana. It was noted that G.T.KarnalRoad and RohtakRoad were providinggood access to village Bawana and. that the Master Plan for Delhi notified in the year 1990 had indicatedthe land use in the area to be changed in the future to industrial and commercial, but had also -observed that notwithstan^rngrm^for the reason no zonal plarT was notified as contemplated by Section llA of the Delhi Development Act 1957, the lands continued to be used for agricultural purposes and there was no evidence that till the year 1996, any land use had been actually changed and put to the use, contemplated by the Master Plan. As in the instant case, where all subject lands were continuously put to agricultural use, same was the case noted in the said decision. To put it pithily, the potential use of the lands giving birth to a potential land value with reference to the area being known to all as being required in the future for building purposes, was found not resulting in the potential being valued with reference to the potentialityi.e. the lands being, in the near future capable of being built upon. To put it differently,the decision, though not so ^xpresslystating, would be a propd^Ton"tnatthere is ^ difference between the undeveloped land having building i . • • LA.App.Njo.266/2008&connectedmatters Page50 of74 potentiality in present! vis-a-vis a land having a building potentiality,in futuro. As already noted by me in para 36 above, as of the date 15.11.1996, fair market value determined was ?9,59,542.46 per acre and which I highlight once again is the same as would be determined with reference to the notification being closest in point of time i.e. notification 25,7.1M7 _where-under for agricultural lands in Delhi minimum price fixed by the Government as of 1.4.1997 was no lakhs per acre. Interestingly, the same Division B6nch had pronounced another judgment reported as 2006 IV AD (Delhi) 13 Gairai Singh vs. UP! & Ann, where pertaining to agricultural lands in village Holambi Kalan where 940 bigha and 6 biswa land was acquired pursuant to the same notification 15,11.1996, I fair market value determined for Category 'A' lands was ?9,76,121/- per acre and for Category 'B' lands was ?9,51,121/- per acre i.e. near approximate to the fair market value of lands in village Bawana. It needs to be highlighted that while determining the fair market value as of 15.11.1996 in village Holambi Kalan, evidenced from the observations of the Court in para 19 and 20 of the decision, location and potentiality with reference to development work carried out in the, surrounding lands was considered. 1 would highlight that another Division Bench of this Court, in another adjoining village in the same 'V i.e. between G.T.Karnal Road Rohtak Road, i.e. village Singhola determined fair market value as of 19.3.1993 @ ^^1,30,523/- per bigha i.e. ?6,26,510.40 per acre. The decision is -r-eported-as~2004

(4) AD (Delhi) 20 Ram Chander vs. W/and the same pMsian-&enGh, as per the decision-reported^as 111 (2004) DLT 95 Hukum Singh vs. UOL pertaining to a notification

14.1.1994 for village Singhola determined fair market value @ ^1,40,230/-per bigha i.e. ^6,73,104/-per acre. = LA.App.No.266/2008 & connected matters aforesaid ~}udgmepts--not^d^ in ttve preceding paragraphs as also the various notifications issued from time to time by the Governmentof NCT Delhi notifying minimum price for agricultural lands in Delhi as tabulated by mp in, para 7 above bring out two very important facts relevant tk determine the growth/rise in the prices of agricultural land in Delhi over the years commencing from year 1990 As of 27.4.1990 minimum price was t4.65 lakhs per acre which rose to flO lakhs per acre as of 1.4.1997 i.e. the increase is ?5.35 lakhs spread over 7 years which gives us a 115.054% increase in 7 years and the average price increase would be 16.436%. The price rise over the next 1 year is by 11.2% and thereafter by 11% for the next 2 years and 11.5% for the next year i.e. as of 1.4.2001. !t shows that due to urbanization, between the year 1990 and 1997 prices grows fairly sharply good corroborative evidence for this would be the decision of the Division Bench of this Court in Gairafs case (supra), which ! have discussed in para 49 above.

¶51I need to elaborate a little more with respect to the decision in Gaira/s case.; Discussing the evidence pertaining to fair market value of agricultural land in village Holambi Kalan as of

15.11.1996, in paras to Court discussed valuation on the basis of agricultural yield and found that the gross return per acre per annum was ^95,000/- for multiple cropped land having good irrigation facilities thus capitalized the land price at ?9.5 lakhs per acre. Discussing the second method of land. prices of comparable lands in the s^H^fmmcHrt^-m^asmcludtng^poterrti-aiityT^rrpara 19 onwards the Court discussed the m.atter with reference to land prices in adjoining village Bhorgarh where FCi Godowns had come up and based on sate instances found that based on the said sale LA.App.No.266/2008& connectedmatters Page52of 74 instances and gfvmg-, ^ would come to ?10,03,364/-per acre (Referpara 31). The Court then consideredthe prices-notified by the Governmentas per policy dated 1.4.1997 and thus worked out the mean average figure of ?9,76.121/- per acre for Category 'A' lands and ?9,51,121/- per acre for Category 'B' lands. The decision highlightsthat the potentiality had been well-factored in when the Government issued the minimum price notification w.e.f.

1.4.1997, evidenced by the fact that even with respect to sale transactions the Court found that as against the minimum price notified as of 1.4.1997 at^lO lakhs per acre, sale instances were highlightingthat the price was ?10,03,364/- per acre.

¶52The decision in Mahender Sinah's case, pertaining to villageBawana, referred to by me in para 49 above, highlights with reference to para 28 to 31 of the decision that the Master Plan for Delhi 1990 had been taken into account by the Court which was projecting residential, commercial industrial future exploitation of agricultural land in Delhi and on the issue of potentiality had noted that notwithstanding the Master Plan so projecting and the lands theoretically acquiring a potentiality, the same had not translated into a reality evidenced by the fact that till the year 1996 i.e. the date of the notification with which the Division Bench was concerned, virtually no development had taken place in village Bawana and Holambi Kalan and nobody had exploited the potential. As I have already highlighted in para 49 above there is a gap between what would be expected to be the market growth and what the market actually grows. The decisions in Gairai's case Mahender Sinah's case-highlight that potentiality translated itself into a reality betwe'en 1990 and 1997 when prices rose by about 16.5% per annum and thereafter the extended potentiality did not translate with the LA.App.Np.266/2008 & connected matters n requisite momentum and the acceleration fell to between 10% per annum to 11% per annum. One reason could be that 4)ijrsuant±Q_jyLaster Plan for D£MJ-9^Ul-a-iaijly-iarge.area came to be developed, both residential, commercial and industrial probably there was enough availability of developed land and the hunger of the market got saturated.

¶53The empirical evidence in the instant case, apart from 2 sale deeds relied upon by the land owners, in respect whereof the learned Reference Court has given good reasons not to rely upon and for which I have given further reasons in paras 21 and 22 hereinabove for not relying upon, being fanciful sale deeds, to determine fair market value, we have with us the sale deed relied upon by the learned Land Acquisition Collector pursuant whereto in some references in village Rajapur Kalan the learned Reference Court has held that as per the said sale deed Ex.R-2 as of the date of the sale i.e.

20.5.2002 the fair market value of agricultural lands would be ?19,16,040/- per acre as of 27.1.2003 on the reasoning that 1 bigha and 13 blswa of land which was sold for ^5,39,690/- and ?70,160/- was paid as stamp duty would mean that ^6,09,850/- (?5,39,690/- + f70,160/-) were spent would yield the price T17,74,109/- per acre as of the date of the sale i.e. 20.5.2002.

¶54' Thus, best which could be said as most favourable situation for the land owners would be that with reference to the sale deed

20.5.2002 for Category 'C lands the price i.e. fair market value of lands in the area would be ^17,74,109/- per acre. For Category 'B' and Category 'A' land the price v\/ould have to be suitably enhanced and here we find another area of dispute for reason, as noted b^ me hereinabove in sub-para

(a) of para learned Land Acquisition Collector in different awards has deducted LA,App.No.266/2008& connectedmatters sometimes ?r.2 lalchs per acre/sometimes n.56 ial<hs per acre and sometimes ?1.7 laklis per acre from the price of Category 'A' lands to determine the price for Category 'B' lands and wherever lands were in Category 'C as weH the price has been deducted further by n.7 lakhs per acre.

¶55Now, neither side has brought any evidence on record as to what would be the money required to be spent to level the 4ands and-l-nete4hat categofizatien is based-t>frfyon the basis of certain lands having pits and depressions of various depths -fequiring the same to be leveled and this would require money to be_spent. But on what basis has the Land Acquisition Collector held, in some awards that ?1.2 lakhs per acre would be spent; and in some that ?1.56 lakhs per acre would be spent and in some that ?1.7 lakhs per acre would be spent? There is just no clue.

¶56In Gairai Singh's case (supra), price differential worked out was f25,000/- per acre. I have noted hereinabove that the acquisition in Gairai Singh's case pertained to the date

15.11i.l996. In Gairai Singh's case the price for Category 'A' land determined was ?9,76,121/- per acre and for Category 'B' land the price determined was ?9,51,121/- per acre and the price differential comes to about

2.5% with reference to the price of Category'A'land.

¶57r thus hold that Gairai Singh's case should be my guiding star for price differential in the instant cases as well and thus I hold that wherever Category 'A', Category 'B' Category 'C have to be differentiated on price, the differential should be 2.5%.

¶58; Thus, if ?17,74,109/-, rounded off to ^7.75 lakhs per acTeijvOTJtd""beTn"epT!ce^^ Category'C^srrd^inilageRajapur Kalanlas of 20.5.2002 and highlighting that the sale deed Ex.R-2 Ij LA.App.No.266/2008.& connectedmatters admittedly pertains to a Category 'C land, price for Category 'B' land would be ?18.20 lakhs per acre for Category 'A' land would be ?18.655 lakhs per acre.

¶59' Taking the logical reasoning a little further it assumes importance that as per the minimum price notified by the Government as of 1.4.2000 the per acre price was ?13.82 lakhs and as of 1.4.2001 the same was ?15.7 lakhs per acre i.e. the percentage increase between the year was 11.5% per annum. If I treat Category 'A' land price at ?18.655 lakhs as of 20.5.2002 based on the sale deed Ex.R-2, deducting the price by 11% per annum, the price as of 1.4.2001 would come to approximately tl6.40 lakhs per acre this would highlight that when contrasted with the minimum price notified by the Government at ^5.7 lakhs per acre as of 1.4.2001, the price differential is ^70,000/- per acre i.e. 4.46%. Since exactness can never be achieved while determining fair market value of a large chunk of land with reference to a few sale deeds where small parcels of land are sold for the reason even within a colony, the size, the location^ the frontage etc. of a piece of land would vary the price by plus or minus 5%. What I wish to highlight is that even the sale deed in question yields to us a fair index as per which the minimum price notified by the Government has an element of rationality and acceptability. It needs to be highlighted that though under normal circumstances a sale on a particular date is normally not held good evidence IzoWrkbuTa^ land price on a date prior thereto but may be used as evidence to determine land price on subsequent dates, for the reason a price on a particular date is the result of various market forces/conditions (laving already impacted the land price and it would be difficult to fatho;m the existence of market forces/conditionswalking backwards. But, in the instant case, with reference to the 5 LA.App.No.266/2008& connectedmatters .0 -o©tmcations-dated-^^,aaOOO,

14.«0a0^^.s.200ir-22.8,2001 and 7.12.2001, the differential period is small inasmuch as the sale deed in question is dated 25.5.2002 and thus in the peculiar facts of the instant case, the sale deed in question, which itself has been projected by the Union of India as an evidence of market value of land as on said date, would be.a relevant piece of evidence to be taken into account while determining the~ market value of-land as on the dates

7.8.2000,

11.9.2000,

2.5.2001,

22.8.2001 and 7.12.2001.

¶60The argument that village Narela had always been treated locationally advantageous for the reason the township of Narela was in existence since long and this was recognized when,, pursuant to a notification issued in the year 1963, vis-a vis the adjoining villages ?2 per square yard price advantage was given to lands in village Narela in Dharambit's case, looses sight of the fact that the price differential due to locationaj advantage was keeping in view the realities in the year 1963. Over the period of time, as urbanization took place in Delhi and more ;and more areas came under plotted development which included areas in North-West of Delhi i.e. the area with which 1 am concerned today, the price differential faded and by the year 2000 and onward, it has become non-existent.

¶611 thus hold that pertaining to the notifications

7.8.20;00, 11.9.2000,

2.5.2001,

22.8.2001

7.12.2001 land prices would have to be determined on the basis of the minimum price notified by Government as also with reference to the sale deed dated 25.5.2002 for the reason 1 find no other cogent evidence wherefrom land price as on said dates could :be determined. Pertaining" to the notifications "dated

16.5.2|002, 23.5.2002 and 27.1.2003, the land price needs to be determined with respect to the sale deed

25.5.2002 LA.App ,No.266/2008 & connected matters -toecausa-wl^^^ ref^^ef>ee pnceitTS-appam^^#fat-land price as of said date comes to more than if determined with respect to the notification

9.8.2001 wherein minimum land price notified was ?15.7 lakhs per acre with effect from

1.4.2001.

¶62With respect to the price differential for Category 'A' and Category 'B' lands, noting that pertaining to the said notifications categorization has been done only pertaining to the land acquired in village Pooth Khurd Holambi Kalan (pertaining to the notification dated 22.8.2001 only), Village Bawana, Khera Khurd, Narela and Alipur (pertaining to the notification

22.8.2001) I hold that vis-a-vis said notifications, after increasing the price for the date differential, fixing the same for Category 'A' lands, deduction has to be effected by decreasing the same by 2.5% to determine the price for Category'B'land.

¶63Before I work out the compensation and since it would be evidenced that pertaining to Category 'A' lands, the land prices would marginally increase in a few cases substantially in the other, a striking note of discordant would emerge with respect to the land price determined pertaining to the notification

23.5.2002 pertaining to village Holambi Kalan wherein the learned Reference Court has determined fair market value at ?22,14,23,900/- per acre as of 23.5.2002, Hrot hneed toirightight tnat pertaimngTo the same notification

23.5.2002 in relation to village Alipur learned Reference Court has detemntriBd-the fair market value at ^17,85,240/- per acre I find that pertaining to village Rajapur-Kalan and Sanoth, pertaining to ttie notification

27.^2^3 the fair market value assessed for Category 'A' lands is ?19,16,040/- in some cases ^19,13,760/- in a few, LA.App.No.266/2008 & connected matters (qV m meaning thereby that much lesser compensation has been woriceci out in the year 2003 vis-a-visthe compensationworked out for Hoiambi kalan pertaining to the notification dated

23.5.2002 and the reason for the abrasion is that in said notificationthe land price determinedin Gairai'scase (supra)as of 15.11.1996 has been taken and Increased at the rate of 12% per annum compounded. Village Pooth Khurd Notification dated 7.8.2000

¶64; With reference to notification

9.8;2001 wherein with effect from 1.4.2000 minimum price notified per acre is ?13.82 lakhs and requiring said price to be suitably updated to reach the date of the notification i.e. 7,8.2000 and with reference to the sale deed dated

25.5.2002 wherein for Category 'C lands, land price per acre comes to ?17,74,109/-, rounded off to ^17,75,000/- per acre, and for Category 'B' lands increasingthe same by 2.5% the price comes to ?18.2 lakhs per acre further increasing by 2.5% the prices comes to ^^18,65,500/-per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed jfor the date

7.8.2000; mean average price for Category 'A' lands in village Pooth Khurd comes to ?14.75 lakhs per acre decreasing the: same by

2.5%, it comes to ^14,38,125/-per acre for Category 'B' lands. Noting that the learned Reference Court has, without any reasons, done away with Category 'B' lands uniform price awarded is ^14,37,280/-per acre, the price differential worked out by me comes to a meager ^1,000/-per acre and thus qua Category 'B' lands I maintain the amount awarded by the learned Reference Court. -

¶65i All Land AcquisitionAppeals filed by the Union of India and cross objections wherever filed by Union of India in the LA.App.No.266/2008& connectedmatters Page59of74 appeals filed by land owners in respect whereof grid-has been prepared and labeled as 'GRID-A' hereinabove are dismissed.

¶66All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Pooth Khurd pertaining to the notification dated 1.4.2000 in sum of ^4.75 lakhs per acre and for Category 'B' lands compensation awarded at ?14,37,280/- per acre is maintained and thus such appeals or cross references which pertain to Category 'B' lands are dismissed.

¶67Pertaining to such appeal where compensation stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UP! 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost. ViHaae Holambi Kaian iSiotification dated 7.8.2000

¶68For the reasoning given in paras 64 to 67 hereinabove pertaining to the notification

(same) dated 7.8.2000 relating to village Holambi Kalan, all appeals as per 'GRID-B' hereinabove cross objections stand disposed of enhancing compensation to ?14.75 lakhs per acre and i highlight that as per the award and even as per the reference all subject lands were of uniform category. Needless to state appeals filed by the Union of India and cross objections wherever filed are dismissed. Appeals and cross objections filed by land owners are allowed by enhancing the compensation to ?14.75 fakfis per acre together with statutory benefits as per the Land Acquisition Act 1894 as LA.App.No.266/2008 & connected matters • , —: . —•• • • UT explainedin the judgmentreportedas Sunder}/s. UO/7nm (93) DLT :569, except for the period where there is a delay in filing -the ^eal Of cross objection, for which period of delay no interest on the enhanced connpensationshall be paid. These appellantsor cross objectorswould be entitledto proportionate cost. Village Bawana Notification dated 7.8.2000 ^9-I Pertaining to village Bawana_"relating to the same notification dated 7.8.2000 where the learned Reference Court -has.n_otenha_.ncedthe compensation,for parityof reasoning,fair market value for Category~^'1andsis fixed at ^4.75 lakhs per acre :^d for Category 'B' iands^at^14;38a25/- per acre and noting that Union of India has neither filed any appeal or cross objection, appeals as per 'GRID-C hereinabove are allowed by fixing compensation as hereinbefore mentioned heedless to. state on the enhanced compensation the appellants shajl be entitled to statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. i^2001

(93) DLT 569, except for the period where there is a delay in filing the appeal, for which period of delay no interest on the enhanced compensation shall be paid. These appellants would be entitled to proportionate cost, i Viliaqe Khera Khura Notification dated 11.9.2000

¶70I With reference to notification dated 9,8.2001 wherein with effect from 1.4.2000 minimum price notified per acre is ?13.82 lakhs per acre and requiring said price to be suitably updated to reach date of the notification i.e.

11.9.2000 and With reference to the sale deed dated 25.5.2002 wherein for Category 'C lands, land price per acre comes to f 17,74,10-9/^,-.r-ounded off to-X17,75,00a/- per acre, for Category 'B' lands increasing the same by 2.5% the price comes I " LA.App.No.266/2008 & connected matters m to ?18.2 lakhs per acre and further increasing by 2.5% the prices comes to ^8,65,500/- per acre for Category 'A' lands; decreasing the said prices by 11% to reflect price with reference to the sale deed for the date 11.9.2000; the mean average price for Category 'A' lands in village Khera Khurd Comes to ?14,83,500/- per acre and decreasing .the same by

2.5%, it comes to ^14,46,413/- per acre for Category 'B' lands.

¶71jAII Land Acquisition Appeals as per 'GRID-D' filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Khera Khurd pertaining to the notification dated 11.9.2000 in sum of n4,83,500/- per acre for Category 'A' lands and ^4,46,413/- per acre for Category 'B' lands. I note that pertaining to this notification and the village, the Union of India has not filed any appeal. On the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. 6^(9/2001 (93) DLT 569 shall be granted, except for the period where there is a delay m filing the appeal, for which period of delay no interest on enhanced compensation shall be paid. These appellants would be entitled to proportionate cost. Villaae Narela Notification dated 2.5.2001

¶72With reference to notification

9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is ?15.7 lakhs per acre requiring said price to be suitably-updated to reach date of the notification i.e.

2.5.2001 and with reference to the sale deed dated

25.5.2002 wherein; for Category 'C lands, land price per acre comes to ?17,74,109/-, rounded off to ?17,75,000/- per acre, for Category 'B' lands increasing the same by 2.5% the price comes I ! ' . . • LA.App.No.266/2008& connectedmatters Page62of74 #1 to ?:18.2 lakhs per acre and furtherincreasingby 2.5% the prices comes to ^8,65,500/ per acre-for-Category^A^-fands; decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 2.5.2001; the mean average price for Category 'A' lands in village Narela comes to I - - • ?16,16,500/- per acre and decreasing the same by 2.5%, it comes to ^15,76,087-per acre for Category 'B' lands. Noting that the learned Reference Court has, without any reasons, done away with Category 'B' lands and uniform price awarded is ?15,85,570/- per acre and since for Category 'B' lands the price worked out by me is less by ?9,000/- per acre which is a meager amount, I hold that for Category 'B' lands the price determined wouid be as per the reference but for Category 'A' lands the price stands enhanced to 6,1 fi.snn/- ppr arrp

¶73Ail Land AcquisitionAppeals as per 'GRID-E'filed by the land; owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Narela pertaining to notification

2.5.2001 in sum of ?16,i6,500/- per acre and as per the reference order for Category 'B' lands. Thus, appeals filed by the Union of India as also cross objections filed by Union of India as also such appeals which relate to Category 'B' lands filed by land owners are dismissed and the ones i.e. the appeals and cross objections filed; by the land owners pertaining to Category 'A' lands are ! allowed as aforesaid needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOl I • • • 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal, for which period of delay no LA.App.No.266/2008& connectedmatters Page63 of 74 interest on the enhanced compensation shall be paid. These "appellants wouia be entitled to proportionate cost. — VUIa^44olam^{-Ka}aFt NQtification dated 22.8.2001

¶74i With reference to notification

9.8.2001 -wherein wiLh effect ffutn 1.4.200! "minimum price notified per .1- '• • • • acre is fl5.70 lakhs per acre and requiring said price to be suitably updated to reach the date of the notification i,e.

22.8.2001 and with reference to the sale deed dated

25.5.2002 wherein for Category 'C lands, land price per acre comes to ?17,74,109/-, rounded off to ^17,75,000/- per acre, for Category 'B' lands Increasing the same by 2.5% the price comes to ?18i2 lakhs per acre and further increasing by 2.5% the prices comesi to ?18,65,500/- per acre for Category 'A' lands; decreasing the .said prices by 11% to refteet^^e pfice with reference to the sale deed for the date 22!8.2001; the mean average price for Category 'A' lands in village Holambi Kalan comes, to ?16,74,500/- per acre and decreasing the same by

2.5%, it comes to n6,32,637.50 per acre for Category 'B' lands.. Noting that learned Reference Court has, without any reasons, done away with Category 'B' lands and uniform price awarded is n6,43,811/- per acre, the price differential worked out by me comes to a meager ?9,000/- per acre and thus qua Category 'B' lands I maintain the amount awarded by the learned Reference Court.

¶75All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India in the appeals filed by land owners in respect whereof grid has been prepared and labeled as 'GRID-F' & 'GRID-G' hereinabove are dismissed.

¶76I All Land Acquisition Appeals filed by_ th_^M^ owners and cr Dss-objectionsfiled by the land owners in appeals filed by LA.AppJNo.266/2008&connectedmatters Page64 of74 s Union of India are allowed by decreeingcompensationpayable for Categpry'A' lands in village Holambi Kalan pertainingto the notificationdated 22.8.2001 in sum ofn6,74.500/- per acre and for Category 'B' lands compensation awarded at ?16,43,811/-per acre is maintained and thus such appeals or cross' references which pertain to Category 'B' lands are dismissed.

¶77Pertaining to such appeal where the compensation stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder l/s. i^2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross pbjection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost. Village All Pur Notification dated 22.8.2001

¶78With reference to notification

9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is ?15.70 lakhs per acre and requiring said price to be suitably updated to reach date of the notification i,e.

22.8.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C lands, land price per acre comes to ?17,74,109/-, rounded off to n7,75,000/- per acre, for Category 'B' lands increasing the same by 2.5% the price comes to fl8.2 lakhs per acre and further increasing by 2.5% the prices comes to ?18,65,500/- per acre for Category 'A' lands; decrea;sing the said prices by 11% to reflect the price with reference to the sale deed for the date 22.8.2001; the mean average price for Categoiy-'AMands in village Ali Pur comes to ?16,741500/- per acre and decreasing the same by 2.5%, it comes;to ?16,32,637.50 per acre for Category *B' lands. Noting LA.App. Sfo.266/2008& connectedmatters Page65of 74 h H:efefence Court^l^ any reasons, done away with Category 'B' lands and uniform price awarded is ?16,43,811/-per acre, the price differentialworked out by me comes to a meager ?9,000/- per acre and thus qua Category 'B' lands I rnaintain the amount awarded by the learned Reference Court. .79. All Land AcquisitionAppeals filed by the Union af-hn^ra-in respect whereof grid has been prepared and labeled as 'GRID-H; hereinabove are dismissed. 1note that land owners have not filed any'appeal challenging the decision of the Reference Court.

¶80, There shall be no order as to costs. ViHaae Holambi Khurd NotificatlQn dated 22.8.2QQ1

¶81With reference to notification

9.8,2001 wherein with effect from 1.4.2001 minimum price notified per acre is ^15.70 lakhs per acre and requiring said price to be suitably updated to reach date of the notification i.e.

22.8.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C lands, land price per acre comes to fl7,74,lQ9/-, rounded off to ?17,75,000/- per acre, and for Category |'B' lands increasing the same by 2.5% the price comes to ?18.2 lakhs per acre and further increasing by 2.5% the prices comes to ^18,65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with referenceito the sale deed for the date 22.8.2001; the mean _a^ja5£_4^lcejfoj:-C^^ ]af^4s_4fi_vmage44olambiH^ comes to ne,74,500/- per acre and decreasing the same by

2.5%, it cbmes to ?16,32,637,50_peracre_forCategory'B' lands. I , " I^Toffng the fearned Reference Court has, without any _ reasons^ d-O-ae-^jMaywith Category 'B' lands uniform price awarded is ^6,43,811/- per acre, the price differential worked out by me comes to a meager f9,000/- per acre and thus qua LA.App.No.2 56/2008&connectedmatters Page66 of74 . Category 'R' lands—I—maintain-tbeamount awarded by the ^ learned Reference Court.

¶82i The appeal filed by the Union of India in respect whereof grid has been prepared labeled as 'GRID-I' hereinabove is dismissed. I note that land owners have not filed any appeal challenging the decision of the Reference Court.

¶83; There shall be no order as to costs. • ViSlaqe Rarapur Kalan Notification dated 22.8.2QQ1

¶84With reference to notification

9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is ?15.70 lakhs per acre and requiring said price to be suitably updated to reach date of the notification i.e.

22.8.2Q01 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C lands, land price per acre comes to n7.74.109/-, rounded off to ?17.75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to ^8.2 lakhs per acre and further increasing by 2.5% the prices comes: to ?18,65,500/- per acre for Category 'A' lands; decreasing the said prices by 11% to reflect the price wjth reference to the sale deed for the date 22.8.2001; the mean average price for Category 'A' lands in village Rajapur Kalan comes to ^6.74,500/- per acre and decreasing the same by

2.5%, it comes to ^16,32,637.50 per acre for Category 'B' lands. Notingi that learned Reference Court has, without any reasons, done away with Category 'B' lands and uniform price awarded is ^6.43.811/- per acre, the price differential "worked Qut .by me comes to a meager ?9,OOOi-4).er_jajcr.e_ajDd.thus qua Category 'B' lands I maintain amount awarded by the i learned Reference Court.

¶85^ All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India in the LA.App.No.266/2008& connectedmatters Page 67 of 74. ajap^Js-ftfedby tand owrrersinTespectwhereefgrid has been—1'^ prepared and labeled as 'GRID-J' hereinabove are dismissed..

¶86All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Rajapur Kalan pertaining to the notification dated 22.8.2001 in sum of ?16,74,500/- per acre and for Category 'B' lands compensation awarded, at ^16,43,811/- per acre is maintained and thus such appeals or cross references which pertain to Category 'B' lands are dismissed.

¶87Pertaining to such appeal where compensation stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UP! 2001! (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost. Village Sanoth Notification dated 7.12.2001

¶88With reference to notification

9.8.2001 wherein with effect from 1.4.2001 minimum price notified per acre is ?15.70 lakhs per acre and requiring saic?l price to be suitably updated to reach date of the notification i.e.

7.12.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C lands, land price per acre comes to ?17,74,10_9/-, rounded off to ?17,75J100/- per acre, for CategoryjB' lands increasingthe same by 2.5% the price comes to ?18.2 lakhs per acre and further increasing by 2.5% the prices comes-to ^18,65,500/- per acre for Category 'A' lands; decreasing the said prices by 11% to reflect the price with LAApp.No.266/2008& connectedmatters Page68 of74 reference to the sale deed for the date 7.12.2001; the mean average price for Category 'A' lands in village Sanoth comes to ?17.2^,500/-per acre. Noting that alMands in villageSanoth as per the award and as per the Reference Court are of same value I hold that for acquired lands in village Sanoth for the notification dated 7.12.2001 the land owners would be entitled to the enhanced compensation in sum of ?17,29,500/-.

¶89i All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India in the appeals filed by land owners in respect whereof grid has been prepared and labeled as 'GRID-K' hereinabove are dismissed.

¶90All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by granting compensation in sum of ^17,29,500/- needless to state on enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UP! 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross objection, for which period of delay no interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost. ! Village Shahour Garhi Notification dated 16.5.2002

¶91Pertaining to village Shahpur Garhi, as held by me hereinabove the land price would have to be determined with reference to the sale deed dated

20.5.2002 and for which land I price for Category 'A' lands has been determined by me at f18,65,500/- per acre and since there is just a difference of 4 days between the date of sale and the notification 1 maintain that for the notification in question

16.5.2002 the land owners are entitled to compensation at the rate of ?18,65,500/- LA.App.No.266/2008& connectedmatters per acre and ! highlight that as per the award anrme feTefence all lands are in the same category. Appeals and cross objections filed by the land owners as per the 'GRID-L' are allowed needless to state on. the enhanced compensation land owners would be entitled to all statutory benefits as per the Land Acquisition Act 1894 as interpreted in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 except that in such appeals or cross objections filed by land owners where there is delay, no interest would be paid for the period of delay. Proportionate costs stand awarded. Appeals cross objections filed by Union of India are dismissed. Vigiaqe Shahpur Garhi Notification dated 23.5.2002

¶92Pertaining to notification

23.5.2002 pertaining to village Shahpur Garhi, noting that the date of the sale deed and the notification has a differential of only 3 days I hold that pertaining to this notification, since land is of same category, the land owners would be entitled to compensation at the rate of ?18,65,500/- with statutory benefits as per the Land Acquisition Act 1894 as interpreted in the decision reported as Sunder Vs. UOI 2001 (93) DLT 569 except in such appeals or cross objections filed by land owners where there is a delay, no interest would be paid for the period of delay. Proportionate costs stand awarded. All such appeals and cross objections by land owners as per 'GRID-M' stand allowed as aforesaid and ail appeals cross objections filed by Union of India are dismissed. Villacse Holambi Kalan MotificatSon dated 23.5-2002

¶93As noted by me pertaining to the notification

23.5.2002 relating to village Holambi Kalan all lands have been treated in the same category by the learned Land Acquisition LA.App.No.266/2008&connectedmatters Page70of74 w/ Collector learned Reference Court. The learned Reference Court has awardeil_ CQmp-ensation in sum of—_ f22,141239/- per acre which I have found to be excessive inasmuch as for the date 23.5.2002 I have held that fair market value would be ?18,65,500/- per acre and thus all appeals and cross objections filed by the land owners as per 'GRID-N' are dismissed and appeals and cross objections filed by Union of India are allowed by modifying the impugned decree passed by the learned Reference Court and reducing the compensation payable to n8,65,500/- per acre on which, needless to state, with reference to the enhanced price with reference to the award the statutory benefits already granted stand maintained. No costs. Village All Pur Notification dated 23.5.2002

¶94Pertaining to the notification dated 23.5.2002 relating to village All Pur, for parity of reasons qua the said notification relatingto village Holambi Kalan and Shahpur Garhi Idetermine fair market value payable at n8,65,500/- per acre and thus all appeals and xross objections filed by Union of India as per 'GRID-0' are dismissed and all appeals and cross objections filed by land owners as per said Grid are allowed by enhancingthe ® compensation payable to ^8,65,500/- per acre on which statutory benefits as per Land AcquisitionAct as interprietedin the judgment reported as Sunder Vs. UOl 2001 (93) DLT 569 shall be paid save and except in such appeals or crosfe objectionswhere there is a delay, interest would not be paid fol" the periodof delay. Proportionatecostsas well. i Village Sanoth Notification dated 27.1.2003

¶95Pertaining to the appeals and cross objections by the land owners and Union of India as per 'GRID-P' pertaining to the notification

27.1.2003 relating to village Sanoth, 1 note LA.App.No.266/2008&connectedmatters Page7.1 of74 r/ # •" ^ • • : : nt-that the learned Land AcquisitionCollector has placed the lands in 3 categories and I find that the learned Reference Court has without any discussion held the lands as of uniform category while awarding connpensation. .

96.: On the mean average basis which I have been following by increasing the price as of 1.4.2001 with reference to the notification issued by the Government as also by increasing the -same-wttlr-refererrce-^ the sale deed dated

20.5.2002 taking the mean average, for Category 'A' lands the price comes to ^19,43,500/- per acre and for Category '1' land the price cornes to ?18,94,912.50 per acre and for Category 'C lands the price comes to ^18,47,539.68 per acre. I find that the learned Reference Court has uniformly determined fair market value at ?19,13,765/- and thus such appeals or cross objections which have been filed by land owners the same have to be dismissed in so far they pertain to Category 'B' and Category 'C lands and similar would be the fate of appeals and cross objections filed by Union of India pertaining to Category 'A' lands. The said appeals and cross objections as per 'GRID-P' are dismissed. Appeals and cross objections filed by land owners pertaining to Category 'A', lands are allowed by decreeing compensation payable in sum of ^19,^3,500/-per acre and needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as interpreted in the judgment reported as Sunder Vs. UP! 200:.

(93) DLT 569 shall be paid^sWe except in such appeals and cross objections where there is a delay, interest would hot be paid for the period of delay. Proportionate costs as welL The appeals and cross objections filed by Union of India pertaining to Category 'B' and Category 'C lands are allowed by m©dtfyif\g-^e--relatable-deefee—ifl^ Reference Order by reducing compensation for Category 'B' land to LA.App.No.266/2008 & connected matters ?18,94,912.50 per acre and for Category 'C land to ?1;8,47,539.68 per acre. Village Raiapur Kaian Notification dated 27.1.7nn^ For parityof reasoningas per para 96 above pertaining to village Sanoth, similar corrective action is to be required pertaining to lands acquired pursuant to notification dated

27.1.2003relatingto villageRajapurKalan and where Ifind that the learned Reference Court has in some cases awarded compensation in sum of ?19.13.765/- per acre and in some cases at n9,16,040/- per acre by treating all lands of uniform category. On the mean average basis which 1 have been following by increasing the price as of 1.4.2001 with reference to ;the notification issued by the Government as also by increasing the same with reference to the sale deed

20.5.2002 and taking the mean average, for Category 'A' landsi ^th€ price comes-tQ-fl9743,500/- per acre and for Category 'B' land the price comes to ?18,94,912.50per acre and for Category 'C lands the price comes to n8,47,539.68 per acre. Thus such appeals or cross objections which have been filed by land owners the same have to be dismissed in so far they pertain to Category 'B' and Category 'C lands and similar would be the fate of appeals and cross objections filed by Union of India pertaining to Category -A' lands. The said appeals and cross objections as per 'GRID-Q' are dismissed. Appeals and cross objectionsfiled by land owners pertainingto Category'A' lands are allowed by decreeing compensation payable in sum of ?19,43,500/-" per acre and needless-tcrstate-orrthe enhanced coiinpensation statutory benefits as per the Land Acquisition Act 1894 as interpreted in the judgment reported as Sunder Vs. UP! 20Ol-f^i-Bl:T"569-sha^l -be—paid—save-and except in such appeals and cross objections where there is a delay, interest i ' ... • • LA.App.No.266/2008& connectedmatters Page73 of 74 n ^ jA/Quld not be paid for the period of delay. Proportionate costs as well. The appeals and cross objections filed by Union of India pertaining to Category 'B' and Category 'C lands are allowed by modifying relatable decree in the Reference Order by f18,94,912.50 per acre for Category 'C land to n8,47,539.68 per acre. AUGUST 23, 2011 mm/dk (PRADEEP NANDRAJGG) JUDGE LA.App.No.266/2008& connectedmatters,

$-290 * IN THE HIGH COURT OF DELHI AT NEW DELHI + % LA.APP. 651/2010 & C.M. No.3560/2011 (cross-objection) DAYANAND Appellant I Through: None I I versus UNION OF INDIA & ANR Respondents i Through: Mr.Sanjay Poddar, Sr.Advocate ' with Mr.Sanjay Pathak, Advocate for UOI. CORAM: HON'BLE MR.JUSTICE PRADEEP NANDRAJOG ! i