Kitabo v. Union of India & Anr

ORDER %

29.08.2011 C.M. No.l6018/201irZ?v appellant for condonation of delay) The present application is filed by the appellants praying inter alia condonation of delay of 1719 days in preferring accompanying appeal. At the outset, counsel for the appellants states that in case the delay of 1719 days in preferring accompanying appeal is condoned, the appellants shall not claim interest on the enhanced amount for the period of delay as also the costs of the appeal. Counsel for respondents, who appear on advance copy, state that they have no objection to the aforesaid suggestion made by the counsel for the appellant. LA.APP. 557/2011 Page 1 of 4. Accordingly, reasons stated in application, particularly, in para No. 4 and 5, the present application is allowed with the condition that the appellants shall not be entitled to claim interest on the enhanced amount for the period of delay of 1719 days in preferring the appeal and the costs of the appeal. The application is disposed of. LA.App.No.557/2011

¶1By way of the present appeal, the appellant has assailed judgment

25.05.2000 passed by Court in LAC No.326/04 arising out of Award No.5/DCW-2000-01 pertaining to village Mundka, pursuant to the notification dated

17.06.2005 issued under Section 4 of the Land Acquisition Act 1894 (in short ^the Act')-

¶2Counsel appellant submits that present case is squarely covered by the judgment of a co-ordinate Bench (Pradeep Nandrajog, J.) passed in a batch of matters, lead matter being LA.App.13/2007 entitled 'Roshan Lai Vs. UOI & Ors' decided as recently as on

15.07.2011 regard to land situated in village Baprolla. Learned counsel particularly draws attention of this Court to the operative paras 24-26 of the aforesaid judgment, relevant portions of which are reproduced herein below:- LA.APP. 557/2011 Page 2 of 4.

¶24Since categorization of lands has not been questioned, thus I hold that acquired lands in village Baprola, pertaining to notification dated

12.8.1997, fair market value of land could safely be assessed reference to the decision in Jamna's case (supra) and by granting 10% increase in the value of the land, commencing

25.2.1997, being notification which I was concerned in Jamna's case (supra), instant notification being

12.8.1997, increased fair market value of land pertaining to category A lands is ^12,52,264.30 per acre and for category B lands the same is ?10,61,899.50 per acre.

¶25The appeals stand disposed of decreeing that for such lands as have been put in category A (Block A) compensation stands decreed in sum of ?12,52,264.30 per acre and for such lands which are in category B (Block A), compensation decreed is ?10,61,899.50 per acre.

¶26It is further decreed that on enhanced compensation appellants would be entitled to all statutory benefits as per statute as clarified in the decision reported as 93 (2001) DLT 569 Sunder Vs. UOI except such appeals which were filed belatedly delay was condoned; said appellants would not be entitled to interest for the period of delay. Proportionate cost is also decreed in favour of the appellants.

¶3Counsel for the appellant further states that the land of the appellant is covered under category 'A' for the purpose of grant of compensation.

¶4It is submitted by counsel appellant that appellant is also entitled to the relief as granted to other similarly placed appellants in the aforesaid batch of matters. LA.APP. 557/2011 Page 3 of 4.

¶5Counsels for the respondents do not deny that the judgment referred to by the counsel for the appellant is in respect of the same village covered by the same award.

¶6Following the aforesaid decision dated 15.07.2011 in the case of Roshan Lai fsupral. the present appeal is also disposed of on the same lines, while granting the same relief to the appellant herein as granted to the appellants in the LA.APP.13/2007. However, it is clarified that appellant shall not be entitled to claim interest on enhanced compensation for the period of delay of 1719 days in filing the appeal as also the costs of the appeal, in terms of the orders passed today in CM 16018/2011 preferred by appellant condonation of delay in filing the appeal. HIMA KOHLI,J AUGUST 29, 2011 'anb' LA.APP. 557/2011 Page 4 of 4. * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 13/2007 Roshan Lai ... Appellant Through: Mr. S.K.Rout & Mr.N.S.Dalai, Advocates Versus DDI & ORS ... Respondents Through: Mr.Sanjay Poddar, Standing Counsel

(LA), GNCT Delhi Mr.Sachin Nawani and Mr Siddharth Panda Advocates R-1 AND LA.APP. 14/2007, LA.APP. 15/2007, LA.APP. 16/2007, LA.APP. 567/2008 LA.APP.582/2008, LA.APP.583/2008, LA.APP.584/2008, LA.APP.585/2008, LA.APP.589/2008, LA.APP.590/2008, LA.APP.593/2008, LA.APP.597/2008, LA.APP.598/2008, LA.APP.604/2008, LA.APP.606/2008. (Relating to Notification u/s 4 dated

12.08.1997 & Award No.5/DCW/2000-01, Village Baproia) CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

¶1Whether the Reporters of local papers may be allowed to see the judgment?

¶2To be referred to Reporter or not?

¶3Whether the judgment should be reported in the Digest? PRADEEP NANDRAIOG. I. (Oral)

¶1Above captioned appeals pertain to acquisition of agriculturallands comprised in the revenue estate of village Baproia. Acquisition commenced pursuant to a notification LA.App.No.13/2007 Page1of7 dated

12.8.1997 issued under Section of Land Acquisition Act.

¶2As per award No.5/DCW/2000-01, Land Acquisition Collector categorized the acquired lands into Block A and Block B. He determined fair market value of Block A lands at ?2,08,383/- per bigha and Block B lands at ?1,77,083/- perbigha.

¶3Land owners sought reference under Section 18 of the Land Acquisition Act and for reasons which are not very commendable, learned Court decided references by passing orders on different dates.

¶4The orders by which references have been decided are dated

25.8.2006,

28.8.2006,

29.8.2006,

30.8.2006,

31.8.2006,

19.9.2006,

22.9.2006,

29.9.2006 and 30.10.2006.

¶5I would note that all orders have been passed by the same Judge. It is apparent that the learned Judge deciding the references was more concerned with the units which he would earn.

¶6The problem which he has created for the Appellate Court is that evidence is scattered in various references different pieces of evidence has been considered in different orders, further respect to same evidence, different reasoning are to be found in different orders. It has only made the journey of this Court a little longer.

¶7The Court has enhanced compensation to ^2,17,374/- per bigha for Block A land and n,86,123.38 per bigha for Block B land. A perusal of the various decisions would show, and indeed learned counsel for the parties so concede, the learned Trial Judge was seized with LA.App.No.13/2007 Page2of7 sale deeds dated

5.12.1996,

5.8.1996

19.5.1987, exhibited as Ex.PW-1/1, Ex.PW-1/2 Ex.PW-1/3 in LAC No.178/2004. Exhibit marks in other references would be different. The learned Court also discussed an agreement to sell dated

17.8.1996, Ex.PW-1/4 in LAC No.178/2004.

¶8Thus, for purposes of the instant decision reference is being made to the evidence led in LAC No.178/2004. It may be highlighted that the land owners, in different references were relying upon either or all the above 4 exhibits.

¶9Ex.PW-1/1 pertains to 1 bigha and 3 biswa of land sold in revenue estate of village Nilothi. Ex.PW-1/2 pertains to 1 bigha land sold in village Mundka and Ex.PW-1/3 pertains to 1 bigha land sold in village Najafgarh.

¶10The reasoning of the learned Court in various orders, refusing to place reliance upon the said sale deeds, is that the contiguity of the 3 villages village Baprola would be no ground to treat the price of the land in the said sale deeds as reflected of the market value of land in village Baprola for the reason if the principle of contiguity is to be applied, entire Delhi would become one unit.

¶11Different reasons have been given by the learned Court not to rely upon the agreement to sell, Ex.PW-1/1 whereunder for the date 17.8.1996, 12 bigha and 10 biswa of land in village Baprola was agreed to be sold for ?24 lacs per acre.

¶12The reasoning of the learned Court, cumulatively read; with reference to hues of the view in the various impugned orders is:- LA.App.No.13/2007 Page3 of?

(i) The stated part sale consideration in sum of ^6 lacs was paid in cash.

(ii) The buyer did not enforce the agreement to sell and the parties settled for the amount to be refunded in sum of ?8.5 lacs in cash.

(iii) The purchaser was a student at the time of the transaction there was no evidence of his having any source of income.

(iv) No steps were taken to obtain no objection certificates from the income tax or the revenue authorities.

¶13Cumulative effect aforesaid of the 4 circumstances would be, as per the different process of reasoning adopted, that the transaction is shrouded with suspicion and thus would not be a safe guiding index to determine the fair market value of land in village Baprola.

¶14While enhancing compensation, learned Court has adopted price noted by Government, being the minimum price for agricultural land in Delhi and depressing the same for category B land and without depressing same Category A land, enhanced compensation by giving price rise @ 12% p.a. on the minimum price as notified.

¶15Learned counsel for the appellants would urge that a perusal of the map of the city of Delhi would reveal that as we proceed from the city of Delhi towards the township of Rohtak along NH-10, village Mundka is crossed; the lands of village Mundka abut NH-10. The map of Delhi would further show that Najafgarh road, leading to Delhi from Dhansa hits NH-10 near Daya Basti. To put it differently, as NH-10 crosses LA.App^No.13/2007 Page4of7 # Daya Basti, Najafgarh road branches out; the point forming a 'V.

¶16In between Najafgarh road and NH-10, the space between the 'V has various villages. The village of Nilothi, Baprola, Mundka and Bakarwala are located in the said space. Standing on Najafgarh road and looking straight towards the North, we find that first in the line is village Baprola followed by the lands of village Bakarwala and then the land of village Mundka. In other words; whereas lands of village Baprola would be near Najafgarh road, proceeding along a straight line in the Northern direction would be agricultural land of village Bakarwala and finally the land in village Mundka and these lands would abut NH-10.

¶17In other words the locational advantage of lands in village Mundka would be that they abut NH-10. The locational advantage of the lands in village Baprola would be that though not exactly abutting Najafgarh road, they are extremely proximate to Najafgarh road. Being towards Najafgarh road, lands in village Bapria are near the urbanized part of Delhi, and I note that the residential colony of Vikas Puri abuts the agricultural lands of village Baprola.

¶18Thus, the reasoning of the learned Court pertaining to not relying upon sale deeds of villages Nilothi, Mundka and Najafgarh does not appear to be sound for the reason the learned Court has not considered topology of the area in its totality and has failed to appreciate that villages Baprola, Nilothi, Mundka Najafgarh are between the 'V constituted by NH-10 and Najafgarh road. LA.App.No.13/2007

¶19However, it may be noted that small parcels ad measuring bigha biswa, bigha biswa respectively, were sold under sale deeds Ex.PW-1/1, Ex.PW-1/2 and Ex.PW-1/3. The principles of a sampling would guide the Court that to be a representative of the whole, a sample must bear a reasonable proximation to the whole and if the sample is too meager, it would be a sample improperly so called and not a sample properly so called.

¶20Thus, not reasoning of learned Court, but for my reasoning hereinbefore noted, I hold that it would be unsafe to determine the market value of agricultural lands in village Baprola with reference to the said 3 sale deeds.

¶21As regards agreement to sell Ex.PW-1/4, I accord my concurrence with the reasoning of the learned Court, it is sound and logical. For the 4 features pertaining to said agreement to sell, as extracted hereinabove, I hold that it would be most unsafe to rely upon Ex.PW-1/4 to determine fair market value of lands in village Baprola.

¶22In my decision dated 8.7.2011, deciding a batch of Land Acquisition Appeals, lead matter being LA.App.No.784/2005 lamna Vs. UP! & Ors.. pertaining to a notification dated 25.2.1997, fair market value of category A lands in village-Mundka was determined at ^11,97,162/0 per acre and for category B lands the same was determined at ?9,65,361.60 per acre.

¶23I have already held hereinabove that the topology of the area would entitle equivalence of agricultural lands in LA.App.No.13/2007 Page 6 of7 village Mundka village Bakarwala as also instant village, Baprola.

¶24Since categorization of the lands has not been questioned, thus I hold that for the acquired lands in village Baprola, pertaining to the notification dated ,12.8.1997, fair market value of land could safely be assessed with reference to the decision in lamna's case (supra) and by granting 10% increase in the value of the land, commencing

25.2.1997, being the notification with which I was concerned in lamna's case (supra), instant notification being

12.8.1997, increased fair market value of land pertaining to category A lands is ?12,52,264.30 per acre and for category B lands the same is ?10,61,899.50 per acre.

¶25The appeals stand disposed of decreeing that for such lands as have been put in category A (Block A) the compensation stands decreed in sum of ^12,52,264.30 per acre and for such landis which are in category B (Block A), compensation decreed is ^10,61,899.50 per acre. '

¶26It is further decreed that on enhanced compensation the appellants would be entitled to all statutory benefits as per statute as clarified in the decision reported as 93 (2001) DLT 569 Sunder Vs. UP! except such appeals which were Tiled belatedly and delay was condoned; said appellants would not be entitled to interest for the period of delay. Proportionate cost is also decreed in favour of the appellants. (PRADEEPNANDRAJOG) JUDGE JULY 15, 2011/mm LA.App.No;13/2007 ^ . Page7 of?

I * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 557/2011 KITABO Appellant Through: Mr. Deepak Khosia, Adv. versus UNION OF INDIA & ANR Respondent Through: Mr. Sanjay Kumar Pathak, Adv. with Mr. Mohit Rao Jadhav, Adv. for R-l/UOI/LAC. Mr. Arun Birbal, Adv. for DDA. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI