Hari Chand v. Union of India & Anr

ORDER

06.01.2012 For orders see LA.App.No. 1195/2008, titled as 'Ranbir Sharma vs. Union of India & Anr. '. JANUARY 06,2012 pkb JUDGE •.. * IN TBE H.IGH COURT OF DEI.HI AT NEW DELHI Reserved on: November 18 2011 --·- .. ·---·--·-- ----·--- ----- -·---L---···- .. l..WJYJ!CY.. .. (GRID-A) LA.APP.l195/2008 (VILLAGE-BHARTHAL) RANBJR SHARMA ..... Appellant Mr.B.S·.Maan, .Mr.Amit .Maan, Mr.Jai Prakash, l\1s.Smita Maan, Mr.R.S.Verma, Mr.Jitin Tewathia, Advocates l\1r.A.nand Yadav and Ms.Anita Tomar, Advocates. Mr.Rohras, Advocate. versus Mr.Raghuvin•Jer Godara, Advocate Mr.N.S.Negi and Iv1r.H.S.Rautela, Advocate Mr.S.K.Rout and Mr.B.K.Routray, Mr.M.Azam Ansari, Advocates. ... Vivek, Advocate Mr.Dcepak Khosla, Mr.Samit Khosla and l'v1r.Dhannnjay Mchlawat, Advocates Advocate Mr.I.S.Dahiys, Advocate l'v1r.Sandcep Thakhur. Advocate Mr.Atul Advocate. Mr.N.S.Ncgi and Mr.H.S.Rautela, (Advocates for responden1 :in appi:als filed by UOI) t:NJON OF INDIA & ANR.

1.) "'spo·1dc·t•t·t' ••••.. '-.C... .. , ,, 'J'hruugh: Mr.Sanjay Advocate. witri Pathak, Mr.Mohitrao .';<H.-lhm· and ::->.-vain, Ms.K.Kaumudi Kiran .. A-.(]vpci:\ies I.AC.'UOI Mr.Ajay Vern::a, .Ms.Hecnashmv Semi. Kumar, Mr S. K. "lethi, Mr.Pawan Mathur, Mr. K una! Sharma, Advocmc ii::r DDA

1./\.J\ PP.4l ;?/2008 & (<...'ross-Objections), f.A.APPA52/200S; L 1\ ... \PP.45V2008; L/\.APP.S88/2!J08 C\LN\!.5090/20 J 0 (C1·oss· Cihjcc1ions); i.A.APP.6Yl/2008 & CM.No.433/2UO:l (Cr•)Ss-Objcctions); & CM. 0.h .51 0/.2009 ( l. \ APP.76giJOCJR; T. :\..APP .770/200iL 1/ •. !l;:•p. No. 11%/:'0J-3 & ''PP•:<ils Clf \iill<tgi! llhilrU;:JI ; .\.J\on. No. 8 .. con11ert 2d 1\ppc:.Jis of· VillrlfW I J\.tlpp ;\'o! 1·1 j l:>r)JO & cor.nr•cv·.d /lppca•, oi Viililr,t: l'ocr-un!)ur LA.APP.771/2008 & CM.No.425/2009 (Cross-Objections); LA.APP.772/2008; LA.APP.773/2008 & CM.No.3835/2009 {Cross-Objections); LA.APP.774/2008 & CM.No.611 /2009 (Cross-Objections); LA.APP.775/2008; LA.APP.776/2008; · LA.APP.777/2008; LA.APP.782/2008 & CM.No.940/2009 (Cross-Objections); LA.APP.783/2008; LA.APP.784/2008; LA.APP.785/2008; LA.APP.798/2008 & CM .No.615/2009 (Cross-Objections); LA.APP. 799/2008 & CM.No. 93112009 (Cross-Objections); LA.APP.805/2008; LA.APP.806/2008; LA.APP.813/2008 & CM.No.1795/2009 (Cross-Objections); LA.APP.814/2008 & CM.No.806/2009 (Cross-Objections); LA.APP.818/2008; LA.APP.819/2008; LA.APP.820/2008; l.A.APP,829/2008; LA.APP.830/2008; LA.APP.832/2008; LA.APP.833/2008; LA.APP.844/2008; LA.APP.845/2008: LA.APP.873/2008 & CM.No.779/20ll (Cross-Objections); LA.APP.892/2008 & CM.No.799/2009 (Cross-Objections); LA.APP.899/2008; LA.APP.901/2008; LA.APP.915/2008; LA.APP.951/2008 & CM.No.709/2009 (Cross-qbjections): LA.APP.959/2008; LA.APP.973/2008; I..A.APP.974/2008 & CM.No.519/2009 (Cross-Objections); LA.APP.975/2008; LA.APP.976/2008; LA.APP.978/2008; LA.APP.986/2008 & CM.No.572/2009 {Cross-Objections);LA.APP.993'/2008;LA.APP.l 029/2008& CM.No. 17340/2008 (Cross-Objections); LA.APP.l 031/2008 & CTvl.No.l7335/2008 (Cross-Objections);

1./\.APP.I 032/2008 & CM.No.599/2009 (Cross-Objections); LA.APP.l 046/2008; L.A.APP.l 047/2008;LA.APP.l 048/?.008& Ci\-t.No. 7851/2009 (Cross-Objections); LA.APP.l049/2008 & CM.No.420i2009 (Cross-Objections); LA.APP.1050/2008; LA .APP. 1 051/2008 & CM.N o.l 7262/2008 (Cross-Objections );LA.APP. 1 OS2/2008; LA.APP.l 053/2008 & CM.No.416/2009 (Cross-Objections);LA.APP.1054/2008 & CM.No.l766/2009 (Cross-Objections); LA.APP.1055/2008;LA.APP.l057/2008 & CM.No.752/2011 (Cross-Objections); LA.APP.1058/2008& CM.No.l557/2011 (Cross-Objections); LA.APP.l059/200S & CM.No.l7259/2008(Cross-Objections); LA.APP.1060/2008;LA.APP.1062/2008 & CM.No.546/2009 (Cross-Objections); LA.APP.l073/2008; LA.APP.l074/2008 & CM.No.623/2009 (Cross-Objections); 1 . .A.APP.l 075/2008; LA.APP.l 081 /200S & ·cM.No.462/2009(Cross-Objections); I..A.APP.l 084/2008& CM.No.l7302/2008 (Cross-Objections); LA.APP.l086/2008 & CM.No.2448/2008 (Cross-Objections\ LA.APP.1087/2008& CM.No.619/2009 (Cross-Objections); LA.APP.l 093.'2008; A.APP.l 094/2008; LA.APP.l 095/2008; LA.APP.ll 03/2008 & CM.No.441/2009 (Cross-Objections);LA.APP.ll 08/2008 & CM.No.3839/2009 (Cross-Objections): LA.APP.ll09/2008: LA.APP.lll0/2008 & CM.No.3828/2009 (Cross-Objections); T.A.APP.lllli2008; LA.APP.1112/2008 & CI\1.No.3831 /2009 (Cross-Obj.ections): L/\ .APP. J] 13/2068 & CM.No.3826/2009 (C;·oss-Objections); LA.APP.lllS/20()8; IA.AP.p.lll6/2008; LA.APP.1121 /2008; !A.APP.Il26/2008; LA.APP.l129/200R & CM.No.550/2009 (Cross-Objec.t.iom); : ,A./\PP.ll30/2008; LA.APP.ll31i2U0k & Clvl.I\'o . .566/2009 (Cross-Objections); I ,/\.APP.ll33/2008; LA.APP.ll35/2008 & Ctvf.No.7442/2009 I A.APP.ll37/2008 & CM.No.l/283/2008 ( L!\.APP.1140/2008; LA.APP.ll56/2008; LA.APP.ll57/2008; LA.APP.ll58i2008 & CM.No. 7774.'2009 (Cross-Objections); LA.APP.ll59/2008; LA./\PP.1161/2008; LA.APP.ll66/2008; LA.APP.ll67/2008 & CM.No.802/2009 LA.APP.l168/2008; LA.APP.ll70/2008; LA.APP.ll71/2008; LA.APP.1172/2008; LA.APP.ll7.3/2008; l..A.APP.l175/2008; LA.APP.ll78/201)8; LAAPP.l179/2008; LA.APP.ll8J /2008; T.A./\PP.Il82/2008; LA.APP.l183/2008& C'M.No.6933/2009 (Cross-Objections); L/\.i\PP.ll84/2008; LA.APP.l185'2008; LA.APP.I.l86/2008& CM.No.7013/2009 1'11\pp. No :, t9S/I.D08 K .:onr.ected Appeah of Vill<•r,e Bharthal

1./\ 1\pp. No. /.911/2010 & con;wcted /\ppecls of Village Bijwas;Jn 1/\./\pp. No. :;.n/:>fllO & ccnnc!ctei:! /\ppeals Pochanour· · Page 2 ol' 29 % (Cross-Objections); LA.APP.1190/2008; LA.APP.ll91/2008; LA.APP.l192/2008: . LA.APP.ll93/2008; LA.APP.ll94/2008; LA .. APP 1195/2008; LA.APP.ll97/2008; LA.APP.l198/2008& CM.No.6935/2009(Cross-Objections); LA.APP.l200/2008; LA.APP.l202/2008; LA.APP.1203/2008; LA.APP.l210/2008; LA.APP.l21112008; LA.APP.l212/2008; LA.APP.l213/20Ul3; LA.APP.1223/2008; LA.APP.l225/2008& CM.No.6957/2009(Cross-Objections); LA.APP.1226/2008; LA.APP.1241/2008& CM.No.3841 /2009 (Cross-Objections); LA.APP.1243/2008; LA.APP.1252/2008; I -1\.APP.l275/2008; LA.APP.1276/2008; LA.APP.1277/2008; LA.APP.l279/2008; Li\.APP.l280/2008; LA.APP.1281/2008; LA.APP.1283/2008; LA.APP.1284/2008; LA.APP.3 I/2009; LA.APP.33/2009; LA.APP.37/2009; LA.APP.39/2009; LA.APP.42/2009 & CM.No.746/2011 (Cross-Objections); LA.APP.59/2009; LA.APP. 73/2009 & CM.No. 71 03/2009 (Cross-Objections); LA.APP. 74/2009; LA.APP.79/2009; LA.APP.95/2009 & CM.No.953/2011 (Cross-Objections); LA.APP .I 08/2009; LA.APP.J 09/2009; LA.APP .121 /2009; LA.APP .135/2009; L!\.APP.l36/2009; LA.APP.l37/2009; LA.APP.l38/2009; LA.APP.l39/2009; L/\.APP.l40/2009; LA.APP.l43/2009; LA.APP.144/2009; LA.APP.l45/2009; T,A.APP.l62/2909; LA.APP.l87/2009: LA.APP.l90/2009; LA.APP.l91/2009; LA.APP:l97/2009; LA.APP.l98/2009; LA.APP.l99/2009; LA.APP.20112009; LA.APP.202/2009; LA.APP.203/2009; LA.APP.208/2009 & CM.No.7027/2009 (Cross-Objections); LA.APP.210/2009 & CM.No.970/201 1 (Cross-Objections); LA.APP.21l/2009; LA.APP.220/2009; LA.APP.222/2009; LA.AP.P.223/2009; LA.APP.224/2009; LA.APP.227/2009; LA.APP.:D0/2009 & CM.No.72.06/2009 (Cross-Objections): LA.APP.245/2009; LA.APP.246/2009; Ll\.APP.249/2009; LA.APP.257/2009; LA.APP.295/2009; LA.APP.305/2009; LA.APP.367/2009; LA.APP.437/2009; LA.APP.447/2009; LA.APP.458/2009; LA.APP.459/2009; LA.APP.466/2009; LA.APP.480/2009; LA.APP.481/2009; I.A.APP .489/2009; LA.APP .490/2.009; LA.APP.4 91/2009; LA.APP .493/2009; LA.APP.494/2009; LA.APP.495/2Q09; LA.f\PP.503/2009; LA.APP.506/2009; l.A.APP.507/2009; LA.APP.508/2009; LA.APP.509/2009:. LA.APP.51 0/2009; LA.APP.Sll/2009; LA.APP.512/2009; LA.APP.5 13/2009: LA.APP.567/2009; LA.APP.572/2009; LA.APP.!S/201 0; LA.APP.45/201 0; .LA.APP.48/201 0; I./\./\PP.404/2010; LA.APP.IJ/201 1: LA.A.PP.1138/2008; LA.APP.ll76/2008; .I.A.J\PP.ll77/2008; LA.APP.1201/2008: LA.APP.23 Ji2009 (Relating to Notification No. F.10(30)/96/L& B/LA/13417 dated 13.12.2000 issued under Section 4 of the Land Acquisition Act, 1894 & Award No. 26/2002-2003 dated 23.10.2001, Vill.age Bharthal, Delhi) (GRID-B) L

06., 2012 LA.APP. 294/2010 (VILLAGE.- BUWASAN} J)EVENDF:R KUMAR · ..... Appellant Through: 1\t!:-.R.S.'f'omar, 1\tlr.Virendra Singh IA/\pp. 1195/)008 & connected /\ppeals of Village Bh<Jrti1<1f 1 11./\pp. IIJo. 294/2010 & 1\ppeals of Vii! age Bijwasan 1 /\.1\pp No ll:!./2.010 & connectc!d ,\ppeals of Village Poct>anpu: Page 3 of zg versus lJOI & ANR LA.APP. 52/2010 LA.APP. 56/2010 I .A.APP. 100/20 l 0 I .A.APP. 242/2010 LA.APP. 282/2010 LA.APP. 2S7/201 0 LA.APP. 295/2010 LAAPP. 346/2010 l.:\.APP. 350/2010 LA.APP. 354/2010 LA.APP. 365/2010 LA.APP. 360/2010 LA.APP. 405/2010 L/\ .APP. 409/20 I 0 L/\.APP. 723/2010 LA.APP. 727/2010 LA.APP. 750/2010 LA.APP. 964/2010 LA.APP. 77/2010 Advocates Mr.S.K.Solanki and Mr.S.K.Rout and Mr.B.K. Routray, Advocates for appellant (in R-2-14, 38,41-46,49, 50-69, 73, 75, 76) Through: ..... Respondents Mr.Sanjay Poddar, Senior Advocate with Mr.Saniav Kumar Pathak, Mr.Mohitrao Jadhav, and Ms.Navlin Swain, Advocates forUOI/LAC Mr.S..K.Solanki and Mr.S.K.Rout and M.r.H.K. Routray, Advocates in appeals filed by UOI. Mr.Virendra Singh, Advocate in R-68, '71 & 72 in appeal filed by UOI Mr.Rankev Bihar Sharma, Mr.Kunal ·Sharma and Mr. Somer K.Seth, Advocates for DDA. LA.APP. Ll/201 0 LA.APP. 49/2010 LA.APP. 51/2010 LA.APP. 53/2010 LA.APP. 54/201 0 LA.APP. 55/2010 LA.APP. 57/2010 LA.APP. 59/2010 LA.APP. 70/2010 LA.APP. 221/2010 LA.APP. 223/2010 LA.APP. 226/2010 LA.APP. 246/2010 . LA.APP. 277/201 0 LA.APP. 281/2010 LA.APP. 283/2010 LA.APP. 284/2010 LA.APP. 285/2010 LA.APP. 288/2010 LA.A.PP. 289/2010 LA.APP. 294/2010 LA.APP. 296/2010 LA.APP. 313/2010 LA.APP. 345/2010 LA.APP. 347/2010 LA.APP. 348/201 0 LA.APP. 349/2010 LA.APP. 351/2010 LA.APP. 352/2010 LA.APP. 353/2010 LA.APP. 356/20 l 0 LA.APP. 357/2010 LA.APP. 358/2010 LA.APP. 742/2010 LA.APP. 760/2010 LA.APP. 359/2010 LA.APP. 361/2010 L.'\.APP. 362/2010 LA.APP. 363/2010 LA.APP. 406/2010 · LA.APP. 407/2010 LA.APP. 408/2010 LA.APP. 438/2.010 LA.APP. 588/2010 LA.APP. 721/2010 LA.APP. 724/2010 LA.APP. 725/2010 LA.APP. 726/2010 LA.APP. 729/2010 LA.APP. 731/2010 LA.APP. 732/2010 LA.APP. 759/2010 LA.APP. 764/2010 LA.APP. 82812010 LA.APP. 286/2010 LA.APP. 364120 I 0 LA.APP. 80/2010 LAAPP. 99/2010 & LA.APP. 75/2010 & C.M.No. 964/2011 (Cross-objections) (Relating to Notification No. F.l0(30)96-L&·B/LA/13417 dated 13.12.2000 issued under Section 4 of the .Li:md Acquisition Act, 1894 & Award No. 28/::?002-2003, Village Bijwasan, Delhi) AND

1./1 llpp. .11%/2008 & connected llppeals of Village IA/\pp. Nc•. & conn<:r.tcri 1\ppeab of Viliage Bijwasan !.11./\pp. 1\/o. ·r :11/:!.010 & con;•ect<•d t,prwals of Village Pochanpur % (GRID-C) Reserved on: December 18, 2011 Pronounced on: January 06, 2012 L/\.APP. 111/2010 (VILLAGE POCHANPUR) SEHAJ RAM AND ORS. ..... App'ellants Through: versus Mr.B.D. Sharma, Mr.S.K.Solanki and Mr.S.K.Rout, Advocates for appellant (in R-16, 20, 23 to 26, 29, 30, 33, 36 to 40, 44 to 49, 59,63 to 71) Mr.S.B. Kumar, Advocate for appellant in LA.App.No. 61, 64, 65/2011) .Mr.Rajesh Yadav, Advocate for appellant in R-22) UNlON OF INDIA & ANR Through: ..... Respondents Mr.Sanjay Poddar, Senior Advocate with Mr Sanjay Kumar Pathak, Mr.Mohitrao Jadhav, and Ms.Navlin Swain, Advocates for UOI/LAC LAAPP. 111/2010 LA.APP. 160/2010 LA.APP. 228/2010 LA.APP. 254/2010 LA./\PP. 292/2010 LA.APP. 307/2010 LA.APP. 395/2010 T .1\ /\PP. 420/2010 LA.APP. 466/201 0 LA.APP. 637/2010 LA.J\PP. 660/2010 LA.APP. 767/2010 LA.APP. 919/2010 Li\.APP. 65/2011 L/\.APP. 120/2011

1./'\.1\PP. 476/2011 LA.APP. 523/2011 LA.APP. 536/2011 Jv1r.Bnnkey Bihari Sharma, Mr.Kunal Sharma and Mr. Somer K.Seth, Advocates for DDi\. LA.APP. 154/2010 LA.APP. 155/2010 LA.APP. 156/2010 LA.APP. 165/2010 LA.APP. 209/2010 LA.APP. 215/2010 LA.APP. 248/201 0 LA.APP. 249/2010 LA.APP. 250/2010 LA.APP. 260/2010 LA.APP. 261/2010 LA.APP. 270/2010 LA.APP. 293/2010 LA.APP. 305/2010 LA.APP. 306/2010 LA.APP. 317/2010 LA.APP. 392/2010 LA.APP. 393120 l 0 LA.APP. 39612"010 LA.APP. 397/2010 LA.APP. 412/2010 LA.APP. 432;2010 I..A.APP. 433/2010 LA.APP. 434/2010 LA.APP. 489/201 0 L\.APP. 577/2010 LA.APP. 635/2010 LA.APP. 639/2010 LA.APP. 640/2010 LA.APP. 657/2010 LA.APP. 662/2010 ' LA.APP. 741/2010 LA.APP. 758/2010 LA.APP. 761\/2010 L.A.APP. 784/2010 LA.APP. 918/2010 LA.APP. 1052/20 l 0 · LA.r\PP. 61/2011 LA.APP. 64i2011 LA.APP.116/2011 LA.APP. 117/2011 LA.APP. 1 19/2011 LA.APP. 121/2011 LA.APP. 129/201: LA.APP. 429i2011 LA.APP. 485/201'1 l.A.APP. 521/2011 LA.APP. 522/2011 LA.APP. 525/201 J LA APP. 526;'20 11 LA.APP. 535/2011 LA.APP. 554/2011 LA.APP. 591/2011

1.11./\pp. No. J 195/7.008 & connected /\ppeals of Village Bharthal . 11\./lpo. No. 294/2010 & connected lip peals of Viliage Bijwasan

1.1\.1\pp No lll/201ll & connected lip peals of Village Pocha.npur. '% (Relating to Notification No. F.l 0(30)96-L& B/LA/13417 dated

13.12.2000 issued under Section 4 of the Land Acquisition Act, 1894 & J\ ward No. 30/2002-2003 dated 09.12.2002, Village Pochanpur, Delhi) CORAM: HON'BLE MR . .JUSTICE SUNIL GAUR ] . ORDER

06.01.2012 Since the grounds on which enhancement of the compensation is sought by the appellants in these bunch of appeals are identical, therefore with the consent of learned counsel for the parties present at the hearing of these appeals, these bunch of appeals pertaining to Notification No.F.10(30)96-L& B!IA/13417 dated 13.12.2000., relating to geographically contiguous Viilages Bharthal, Bijwasan and Pochanpur are being disposed of by this common order. Acquisition process for planned development of 'JJwarka Phase-If' in Delhi, commenced with the issuance of Not£fzcation qf 1 f" December, 2000 under Section 4 of the Land Acquisition 1894, pertaining to vast tract of agricuilural land in one compact block comprising of thirteen Revenue Estates including villages in question, i.e., Bhmihal, Bijwasan and Pochanpur. , ,), Agricultural land of the appellants herein in the af()resaid three villages stood acquired by. the Respondents vide three separate A wards, i.e., Award No.26/2002-2003; Award No.28/2002-2003;and Award No.J0/2002-2003 granting compensation @ lacs per acre for Block 'A' (level field --- with trJp soil) and @ lacs per acre for Block 'B' (without top soil).

¶4Dissatisfied with the assessment of market value of their acquired L/\.1\pp. No. 11 & connected Appeals of Village Bharthal I/'. 1\po. No. 29•1/:'010 connected Appeals of Village Bijwasan IA/\pp. No. 11 c./7010 & cor.ner.tP.d Appeals of Village Page 6 nt !9 agricultural lands, appellants had sought reference under Section 18 of · the !.,and Acquisition Act, 1894 and the Reference Court vide impugned judgment had enhanced compensation @ lacs per acre for the appellants' acquired land in Block 'A' and@ lacs per acre for their Block 'B' land in Villages Bharthal and Bijwasan; whereas, references. relating to Village Pochanpur have been dismissed.

¶5In these appeals, further enhancement of compensation sought by the appellants of Villages Bharthal and Bijwasan is at the rate of Rupees Fifty lacs per acre, whereas appellants of Village Pochanpur have sought compensation at the rate of Rupees 'fhirty lacs per acre by relying upon the precedents in the shape of decisions in Executive Engineer, Karnataka Housing Board vs. Land Acquisition Officer, Gadag and Ors., (20 1 l) 2 SCC 246; Anjani Jl!folu Dessai vs. State of Goa-and Anr., (20 1 0) 13 SCC 71 0; Subh Ram and Ors vs. State of Haryana and Anr., (20 1 0) 1 SCC 444;

(Dead) through LRs. Vs. Special Tehsildar (Ltind Acquisition) & Ors., (20 1 0) 3 SCC 661; Ran vir Singh and Anr, vs. Union of India AIR 2005 SC 3467; Chindha Fakira Patil

(D) through LRs vs. The Special Land Acquisition Officer, Jalgaon, 2011(2) SCALE 321; Jai Lal i•s. Union of India, 2002 (62) DRJ 227; Rama Nand (since deceased) through LRs vs. Union of India & Anr., 2002 ( 65) DIU 1 (DB); Udho Dass State of ·Haryana & Ors., 2010(9) SCALE 41; Chakas vs. State of.Punjab & Ors., 201] (9) SCALE 362; Avinash Dhaw{ji Nl.dli vs. State of Malwra.shtra. (.?.009) 1 l SCC 1 71; Atma Singh (Dead) through LRs and Ors vs. State of llaryana & Anr, (2008) 2 SCC 568; \tV.P.(C) No. 4143/2003 titled as Smt. Indu Khorana vs. Gram Sabha & Ors) decided on 26.03.2010; Special Land Acquisition Officer & Anr vs. M:K. Rafiq Saheb, (20 11) 7 SCC 714; Thakarsibhai Devjibhai and ors vs. Executive Engineer, '/\ 1\pp. No . & connected Appeals of Villar,e 3h>Jrtha; :.1\.1\pp. No. 7.911/?0.10 &· conner.tc!d Appeals of Villar,e Bijwasan . .'\.1\pp. No 111/20.10 & connected 1\ppeals of Village Pachal' pur Page 7 of zg Gujarat and Anr., AIR 200 I SC 2424; Haryana State Industrial Development Corporation, (2010) 11 SCC 175; Risal Singh & Ors. Vs. Union of India & Anr., 2006 (89) DIU 527 (DB); La/ Chand vs. Union of India and Anr., (2009) 15 SCC 769; General Manager, Oil and Natural (ias Corporation Ltd vs. Rameshbhai Jivanbhai Patel and Anr, (2008) 14 SCC 745; Valliyammal and Anr vs. Special Tehsildar (Land Acquisition) and Anr., AIR 2011 SC 2937; .Kiran Tandon vs. Allahabad Development Authority,

(2004) 10 SCC 745; Mahesh ' . Dattatray Thirthkar vs. State of Maharashtra, AIR 2009 SC 2238; /(apil Mehra (Major General) & Ors. Vs. Union of India & Anr, 176(20 l I) DLT 361; W.P.(C) No. 4284/2007 titled as Surat Singh vs. Delhi Development Authority & Anr., decided on 24.04.2008; Om Prakash (dead) by LRs and Drs vs. Union of India, (2004) 1 627; Satpal & Drs vs. Union of lndia 1 ( 1997) 11 SCC 423; LA. APP. No.656/2008 titled as Sushi/ Kumar vs. Union of India, decided on

26.09.2011; LA. 1\PP. No.59/2007 titled as Bed Ram vs. Union of India, decided on 07.06.2011; and Bhule Ram vs. Union of/ndia, 2010 ( 1 70) DLT 3 71.

¶6On the strength of the aforesaid decisions, at the very outset, it was urged by l\1r.B.S.Maan: learned· arguing counsel for the appellants that the location and situation of the acquired agricultural land has to be first understood in order to appreciate its potential which must be adjudged keeping in view the development in the area over a period of time and the same cannot be limited to the near future alone.

¶7It was pointed out by M.r.R.S.Tomar, counsel for appellants that De.lhi-H .. cwari-Jodhpur broad gage railway line of Village Biijwasan passes through the land of Village Bharthal, dividing it into two parts, i.e., on the eastern side of the railwa·y line is the XGI Airport, New Delhi 11\.1\op. No. lJ :X'/2C03 & co11nected /\ppeals of Village Bhanbai I 1\./lpp. No. & connected Appeals of Village Bijwasan i /'u\pp. 11:1/2010 & cnnnected lip peals of Village! Poch;Jnpw Page 8 of ?.9 and Oil Depots of Indian Oil and Bharat Petroleum and a road 100 meters wide starting from NH-8 from Shiv Murti towards Dwarka Sub-City Part-I and Part-11 again divides the agricultural land into two. portions; (i) North Eastern side, where IGI Airport is located; and (ii) South Eastern side, where developed Farm Houses are located on the land of Villages Bharthal, Bijwasan and Samalkha. It was also pointed out by Mr.S.K.Solanki learned counsel for the appellants that northern part of the land of Village Bharthal was first acquired for the extension of IGI Airport in the year 1971 and again ·in the year 1980 for establishing Indian Oil Depots and thereafter in the year 1982 for Bharat Petroleum and the lands of Village Bharthal and Village Pochanpur were 4f also acquired in the year 1984 for development of Dwarka Phase-I and - the lands on the western side of Villages Bamnoli and Dhool Siras were ,. also acquired for the development of Phase-11, Dwarka Sub-City. Attention was drawn to the aks sizraslmap to highlight that the boundary ot' Village Bharthal, Village Pochanpur and Village Dhool Siras are contiguous.

¶8It was strenuously urged by Mr.B.S.Maart, learned counsel for the appellants that the Reference Court has ·failed to appreciate the potentiality of the acquired land· in the light of its location and has illegally treated the acquired land to be agricultural in spite of Notification of 16th October, 2000 vide which land use of the three villages in question was changed 1h)m agricultura1" to residential/ commercial/industrial, etc. and infact the entire land of ViJ.lage Bharthal had ceased to be rural in view ofthe Notification of 24th October, 1994.

¶9ft was argued with much vehemence by Mr.S.K.Rout, learned counsel for the appellants that the aforesaid two Notifications have been \Vrongly discarded by the Reference Court by relying upon P. Rama 1 /1./\pp. No. Li 'J5/:<008 & connected Appeals of Village Bharthal ! A 1\pp .. No. 2911/7.010 & connected of Village Bijwasan ! /\.1\pp. & connected Appeals of Village Pochanpur Page 9 of Z!! .Reddi & Ors. vs. Land Acquisition Officer, Hyderabad & Ors, ( 1995) 2 SCC 305, which has been considered by the Apex Court in its later decision in Udho Dass vs. State of Haryana & Ors., 201 0(9) SCALE 41 holding that the potential of the acquired land must be adjudged keeping in view the development in the area over a period of time and the same cannot be limited to a near future alone and if after the acquisition, if the authorities do not put: the land t() any use, it would not mean that there is no buildil!-g potentiality.

¶10Reliance was placed by Mr.B.D.Sharma, ·learned counsel for the appellants upon the seven Sale Deeds of Village Pochanpur to highlight that the sale price reflected therein varied from lacs to lacs and ,- merely because of the said variation, these sale exemplars be thrown out as has been illegally done by the Reference Court, because there is no basis to conclude that these sale exemplars are overvalued of any special advantages and as per settled legal proposition laid down by .the Apex Court in Anjani Dessai vs. State of Goa and Anr., (2010) 13 SCC 710, the average of sale exemplars ought to be taken as representing the tnarket price of the land which comes to ':(57 lacs per acre and since the sale exemplars relied upon by the appellants arc the comparable sale instances, therefore, reliance placed by the Reference C<mrt upon the minimum rates/circle rates for detenr1ining the market value of the acquired land is patently erroneous. J 1. Assessment' of market value of the acquired land was sought by Mr.R.Godara, learned counsel for the appellants on the basis of the L& DO rates fixed by the Government and ·also on the basis of pre-determined rates fixed by the Government for a:llotment of alternate plots in the year 2000-2001. Keeping in view the location, situation and potentiality of the acquired land, determination of its market value 1s 11\.1\pp. No. & connected 1\ppea:s of Village 13hart'hal L/\.,\pp. No. /.94/701.0 & connected 1\ppea/s ot-Village Bijwasan 1/\ ''JJP N<.'. connP.cteo/\ppeals of Village Pochanpur .. Page 10 of 2S • sought on the strength of sale exemplars of Village Pochanpur and Village Samalkha or alternatively on the basis of the L& DO rates of the developed lands in Dwarka Phase-1 or on the basis of the Pre-Determined Rates (PDRs) as referred to above. 1 2. In the written synopsis, appellant-Impulse India Private Limited of I ,A. i\pp. No. 295/2009 has assailed the impugned judgment on the following grounds:- a) "ignores the acknowledgement on the part of the respondent about the Award No.26/2002-2003 dated 2 3.1 n. 2002 being flawed in the course of the proceedings Civil WI· it petition No.J90 12 of 2006. (Referred to in cross-examination of appellant dated

¶77.2007) hJ Does not account for the fact that the Public Notice dated 18.9.1987 adversely aff'ected the rates land in the area for more than 15 years before the Notification under Section 5 of the Land Acquisition Act, 1894 was issued. c) Valuing the land on the basis of the letter dated

¶119. 2001 issued by the Government of National Capital Territory of Delhi is not in accordance with the law laid down by various decisions including in one of the more recent decisions qf the Hon'hle Supreme Court m Sangunthala versus Tahvildur. 20 I 0(3) SCC 661. d) ignores the evidence and other ./{1ctors which as per established law has to be consir.iered before ascertaining the value qf the land under .acquisition. e) Does not deal with dispari(v in value of the Sale Deeds produced before the trial Court whereas as per the law established by the Hon'ble Supreme Court in the recent case of Chinda Fakira Pati/ versus Special Acquisition Officer, Civil Apeul NcJ. 5475 of 2007. The l:lon'ble Supreme Court has speczfically held that Sale Deed showing higher rate should not be disregarded in No. J 19';/2008 & connctt:ed Appeals of Village llharthal I il./\pp. No. ?'!4/2010 & connc>ctr.d 1\ppr.als of Village Bijwasan I 1\.t,pp. No. 111/2.010 & /\ppcals of Village Pochanour \"1-. / • case the average sale price is lower. Further in Anjana Molu Dessai vs. State of Goa, 2010(13) SCC 710, the Supreme Court has also held that the highest of the exemplars and not by averaging of different types of sales transactions should be considered while adjudicating upon compensation upon a certan land. f) Relied upon judgment dated

3.3.2008 in LAC No. 9-7 A/2006 to decide the market value of the subject land while ignoring the mazerial which indicate that the market value of the land is much higher than 15 lac per acre in Block A 13,36, 000 in Block B in violation of the law laid down by the .Hon'ble Supreme Court including in Subh Rwn vs. State of Hwyana 2010(1) SCC"' 444. As a consequence, impugned judgment · refused to return an actual .finding on the issue No.1 jl·amed on 27.2.2007. g) J:valuated the land as agricultural land although vide Notification of the Municipal Corporation of Delhi, the-land use of Village Dhool Siras and Bharthal was changed and these areas ceased to be agricultural and came now under the urban boundaries of Delhi State. The masterplan and /1lot[(Zcations of Government for land use change show that in future land can be to residential, commercial and other permissible uses. It is also pertihent to mention that the appellant lead evidence in respect the 7 4 1h amendment of the Constitution Indta. w.ef 1.6.1993 IX A. by virtue of which the A1unicipal Corporation Act was amended and the area vvhere the land is situated, was deemed a municipal area end the municipal Counsellor was elected from there. No Panchayat elections were held in the area. h) Refused to apply the la.H' laid down in AIR Supreme Court Ra,nvir Singh and Anr vs. Union of India and to consider the fact that. the development in the area has a direct effect on the price that a willing purchaser H'ould payfor the subjecrlc.:nd.

i) ignored the fact that Respondent l'lo. . 2 had also

1.1\.1\pp. No. l195t/.IJD8 & connected Appeals of Village Bharthal l./\.1\pp. No 294/?010 & 1\ppeals of Village Bi!wasan l.l\./1pp. No. 111/2010 & connectr!d 1\ppeills of Village!

¶13auctioned similarly situated land as commercial blocks at the rate of about lakh and concluded that the said land is wholly underdeveloped land. .J) The valuation of the subject land is even lower than the pre-determined auction rates set by Respondent No. 2 for similarly situated land. k) Does not take into account the possibility of change of the use of the land although the land was acquired for development purposes of [)l.varka Phase II. It is reiterated that the land use of Village Dhool Siras and Bharthal was changed and these areas ceased to be agricultural and came now under the urban boundaries ofDelhi State. /) Ignored Notifications dated 16.10.2000 and 24.10.1994 although they clearly establish the commercial potentiality of the said land. In Sangunthala v. Tahsildar

(LA), (2010) 3 SCC 661 it was held that the purpose for which land is acquired is a relevant factor. While determining value of the property acquired the fact whether the land has got building potentiality to be used for building purposes in immediate or in near future needs to be considered. m) The presence of a number of buildings on the lands acquired and the said !and being occupied by the buildings are to be treated as house sites. The lands were acquired for purpose qf putting up residential quarters. As a portion of the land is being considered as house site, the adjoininr; lands have the po'tential of being put in better use as house sites in the near future. " ln the brief synopsis by Vcd Pal and others of LA. App. No. 34 7/2009, the factual details have been provided with a prayer that the appellants of this appeal be treated at par with the co-appellants of the other appeals i.n these bunch of appeals.

¶14Supplementing the aforesaid arguments advanced on behalf of the appcJlants, it was urged by Mr.Anand Yadav, Advocate that the effect of !.1\.App. . .ll95/Z008 & connected Appeals of Village Bharth<ll IAApp 1\lo. 294/2010 1::.: connected Appeals of Village Bijwasun I.A.App. No. 111/201.0 & connected 1\ppeals of Village Pochanpur Page 13 C?f 29 ./ urbanization of the lands in the Villages in question, i.e., the change in land use has been considered in Mahesh Dattatray Thirthkar vs. State of Maharashtra, AIR 2009 SC 2238; /(apil Mehra (MaJor General) & Ors. Vs. Union of India & Anr, 176(20 11) DLT 361 and that Pre-Determined Rates, Reserved Auction Rates of the area are relevant to determine the market value of the acquired lands and infact the sale instances relied upon by the appellants are comparable and ought to have been relied upon by the .Reference Court to assess the correct market of the acquired lands. Thus, enhancement of compensation reflecting just, fair and adequate market value for the acquired lands is sought in these appeals. ! 5. Arguing the cross-objections filed by the Respondents, Mr. Sanjay Poddar, learned Senior Counsel urged thatthough as per Section 51-·A of /,and Acquisition Act, 1894, a certi tied copy of the Sale Deed is an admissible evidence but the same cannot be taken as relevant evidence Cor determination of the market value uniess and until the same is properly connected with the land in question and element of special fancy of the purchaser and other factors narnely, nature, situation of the property, proximity to the village elc. ate also required to be considered and the sale instances relied upon by the Respondents disclosing correct market. value of the acquired lands have been illegally rejected by the Reference Court and while placing reliance upon the decisions in Jai La/ vs. Union of India, 2002 (62) DIU 227, Satpal & Ors vs. Union of .India, (1997) ll SCC 423; La/ Chand vs. Union of India and Anr.,

(2009) 15 SCC 769; LA. APP. No.656/2008 titled as Sushi/ Kumar vs. Union decided on 26.09.2011, it was urged that sharp increase in price in a short period cannot be taken to be realistic until reasons for sharp increase are explained by producing in cviderice the seller L/1./lpp No. 1195/?.00R & Appeals of Village Bharthal

111./\pp. No. ?.911i/.010 & connected Appeals of Viffalle Bijwasan t/1./\pp No. 111.//.01.0 & Appeals of Village Pochanpur and the purchaser as no prudent person having knowledge of the usual prevalent trend in the market would pay such a higher pay as reflected in the sale instance of Radha Swami Satsang, Beas, relied upon by the appellants, but for special consideration. Thus, it was contended on behalf of the cross-objector that adoption of L& DO rates/Pre- .Dctcrmin.cd Rates cannot be countenanced in view of the decision of Apex Court in La/ Chand (supra) which has been followed by a coordinate Bench of this Court in Sushi./ Kuntar (supra) and Raj Singh (supra).

¶16So far as potentiality of the land is concerned, it was urged by Mr.Sanjay Poddar, learned senior counsel for the Respondents/cross-objectors that the same has already been factored into, while fixing the minimum indicative price of the agricultural land by the Government as on l ;t :\pril, 2000 and by granting appreciation thereon @ 12% per annum, market value of the acquired iands has been erroneously determined by the Reference Court, as in Sushi/ Kumar (supra) appreciation @ 1 Oo/o per annum has been granted. Thus, it is submitted that there is no scope for further enhancement from the price of acquired lands as fixed by the Land Acquisition Collector and so, the impugned judgment deserves to be modified deleting the enhancement by the I{eferencc Com1. while taking into consideration the appreciation ([y 12% per annum and the same deserves lo be brought in line while granting appreciation @ 10% per annum and thereby allO\ving the cross-objections to the aforesaid extent.

¶17considering the rival submissions advanced by both the sides and upon close perusal of the impugned judgment, the evidence on record and the decisions cited, what emerges is that the true market value of the comparable land is the price paid by vvilling purchaser to a willing IA/\pp. No. ll!JS/?.008 & connected Appeals of Village Bharth·ol ! 1\.ilpp. No. 291\/2010 & connectr.d t1ppeals of VillaP,e llijwasan 1/\./\pr No. 11/2010 & connected App<>.als of' Viliap,e PocharopU' Page 15 of 2.9 seller and the best evidence is the comparable sale instances. While dealing with the question of potential value of the acquired land, what has to be considered in assessing the market value thereof, stands reiterated by the Apex Court in Udho Dass vs. State of Haryana & Ors., 20 I 0(9) SCALE 41 in these words:- "(i) the situation of the acquired land vis-a-vis the city or the town or village which had been growing in size because of its commercial, industrial, educational, religious or any other kind of importance or because of its explosive population;

(ii) the suitability of the acquired landfor putting up the buildings, be they residential, commercial or industrial, as the case may be;

(iii) possibility of obtaining water and electric supply for occupants of buildings to be put up on that land;

(iv) absence of statutory impediments or the like for using the acquired landfor building purpose;

(v) existence of highways, puhlic roads, layouts qf building plots or developed residentiq} extensions in the vicinity or close proximity qfthe acquired land;

(vi) benefits or advantages of educational institutions, health care centres, or the like in the surrounding areas qf the acquired land 1vhich may become available to the occupiers of' buildings, built on the acquired land: and lands around the ar::quired land or the acquired land itse!f being in deinand .fhr building purposes, to specifY a .few."

¶18The potentiality of land for the purpose of development as also for building purposes depends upon a large; number of factors. For the said purpose, the Court may not only have to hear in mind the purpose for 1/\./\pCJ. No. 1195/?.008 & connected llppcals of Village 13harthal 1/\.,\pp. No ?.'!4/:1010 & connected /\ppcols of Village Bijw<Jsan No. 1.1.1/2010 & connected /\ppeals of Village Pochanpur Par,e 16 of 29 which the lands were sought to he acquired but also the subsequent events to some extent. It has been so observed by the Apex Court in Avinash (supra). While reiterating the relevant factors for determination of compensation for acquired lands, it has been held by the Apex Court in Atma Singh (supra) that the. exemplars of small pieces of land relied upon by the appellants could not be a ground to discard them especially when exemplars of large pieces of land were not available. I 9. Aforesaid dictum stands reiterated by the Apex Court in Special Land Acquisition Officer & Anr vs. M.K. Rafiq Saheb, (2011) 7 SCC

¶714The legal proposition which emerges from the decisions relied upon on behalf of the appellants is that there is no basic difference either in location, situation or potentiality of the villages, which are similarly situated having similar advantage available to them even as regards future prospects, there is no justification for reducing the compensation on the ground of distance between similarly situated lands and the acquired land.

¶20It is a well established proposition of law that the burden of proving the true market value of the acquired land is on the State who has acquired the agricultural land for a particular purpose. But, it is equally true that the burden of proving inadequacy of compensation awarded is on the claimant. For this proposition, the decision of the 1\pc.x Court in Kiran Tandon (Supra) can be referred to with advantage.

¶21Apex Court in Valliyammal (Supra). \Nhilc taking note ofthe fact that. the acquired land was situated in close vicinity of residential colonies, educational institutions, hospitals, etc., had held that deduction of 40% towards dcvelopme11t charges was improper. The pertinent observations made by the Apex Court in An}ani Molu Dessat (Supra) deserve attention, which are as under:- I :\.1\pf'. No. J.1.S5/2008 & connected /\ppcals of Village 11\.1\pp.l\io. 2.911/:<UIO & r.onn-::ctl!d 1\pp<!ais ofVil!age Bijw?san

1.1\./\pp. 1\:o. 1.11/%010 & connected 1\.ppeals of Village Pochanpur "The Jegal pas ition is that even where there are several exemplars with reference to similar land<:!, usually the highest of the exemplars, which is a bona fide transaction, will be cons ide red. Where however there are several sales ofsimilar lands whose prices range in a narrow bandwidth, the average thereof can be taken, as representing the market price. But where the values disclosed in respect of two sales are markedly different, it can only lead to an inference that they are with reference to dissimilar lands or that the lower value sale is on account of under-valuation or other price depressing reasons. Consequen#y averaging cannot be resorted to. "

¶22It would be worthwhile to take note of the clinching observations pertaining to determination of fair market rate of acquired lands made by the Apex Court in Chindha Fakira Patil (Supra), which are as follows:- ''/! is well settled that· genuine and bona fide sale transactions in respect of the land under acquisition or in its absence the bona fide sale transactions proximate to the point of acquisition of the lands situated in the neighborhood of the acquired lands possessing similar value or utility taken place between a willing vendee and the willing vendor which could be expected to reflect the true value. as agreed between reasonable prudent persons acting in the normal market conditions are the real basis to determine the market value. "

¶23Principles to determine the mark.et value of the acquired lands as reiterated by the Apex Court in Oil and Natural Gas Corporation Ltd.

(ONGC) (Supra), are as under:- "Primarily, the increase in Land prices depends on four factors - situation of the land, nature of development in surrounding area, availability of land for development in the area, and the demand for lavzd in the area. In rural areas unless there is any prc)spect of development in the vicinity, increase in prices· would be slow, steady and gradual, without any sudden spurts or jumps. I /\.1\pp. No. J J ,'008 & of Village Bharthdl , 1\./\pp /.94/2010 & connectPd r,ppeals of Village Bijwasan

1./\J,pp. No lll/2.010 ,:>, connected /\ppcJ!s of Village Pochar.pur .. On the other hand, in urban or semi-urban areas, where the development is faster, where the demand for land is high and where there is construction activity all around, the escalation in market price is at a much higher rate, as compared to rural areas. In some pockets in big cities, due to rapid development and high demand for land, the escalations in prices have touched even 30% to 50% or moreper year, during the nineties. On the other extreme, in remote rural areas where there was no chance qf any development and hardly any buyers, the prices stagnated for years or rose marginally at a nominal rate of I% or 2% per annum. There is thus a significant difference in increases in market value qf lands in urbanl.semi-urban areas and increases in market value of lands in the rural areas. Therefore if the increase in market value in urban/semi-urban areas is about I 0% to ].5% per annum, the corresponding increases in rural areas would at best be only around ha(f of it, that is about 5% to 7. 5% per annum. This rule of thumb to the general trend in the nineties, to be adopted in the absence of clear and specific evidence relating to increase in prices. Where there. are special reasons for applying a higher rate of increase, or any evidence relating to the actual increase in prices, then the increase to be applied would depend upon the same. Normally, is taken to the mode of determining the market value by providing appropriate escalation over the proved market value qf nearby fonds in previous .years (as evidenced by sale transactions or acquisition), l'vhere there is no evidence of any contemporaneous sale transactions or acquisitions of comparable lands in the neighbourhood. The said method is reasonably so.fe where the rr:h"ed-orz-sale transactions/acquisitions precedes the subject acquisition by only a few years, that is uplO j{lil.r to five years. Beyond that it may be unsafe, even if it relates to a neighbouring land What may he a reliable .standard ?f the gap is on(;,· a few years, may become unsafe and unreliable standard l'V·here the gap is larger. For ex.arnple. jiJr determining the market value qj" a land acquired. in 1992, adopting the annual increase method H'ith to a sale or

1..' .1\pp. \Jo. '·: %.- ?OOP. f., of Village Bhartha! : 11/lpo. No ""JII/2010 & connr.cted Appeals of Village BiJwasan I /\./1po Nn. 11.1/:'010 & connPctcd Appe<JI:; of Village Pochan;:;•.n 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 ofincrease."

¶24This Court is mindful of the dictum of the Apex Court in Haryana State Industrial Development Corporation (HSIDC) (Supra), regarding computation of compensation for the acquired lands by adopting comparative sales methods: What was said by the Apex Court in HSIDC (Supra) is as under:-

¶25,' When different categories of lands (or lands with different situational advantages) are acquiredfor the same purpose, sal' .fhr forming of a residential layout, courts have sometimes felt that determination of their value witH reference to previous status or situation should be avoided and a uniform rate compensation should be awarded for all lands acquired under the same not(fication. " Undisput.edly, in these appeals sale exemplars m and around acquired !and of Village Bharthal, Village Bijwasan of the period in question are not available and the solitary sale exemplar strongly relied upon by the appellants is of Village Pochanpur) i.e., the seven Sale Deeds vide which religious institution, i.e., Radha Swami Satsang, Beas had purchased the agricultural land in Village Pochanpur at a price which varied from lacs to lacs per acre.

¶26Whether aforesaid Sale-Deeds (Ex.P\V-114 to Ex.P\V-1110) which arc basically between one set oC co··(>Wners and Radha Swami Satsang; Beas in respect of the compact block of land measuring 18 Bighas and 6 Biswas situated in Village Pochanpur rcllect the correct market value of the land in the villages in question is the moot question which is required to be answered. I::videndy, aforesaid sale exemplars, i.e., Sale Deeds

1./\./\pp. No. 11%/2008 & connected 1\ppeals of Village Bharthal

1./\./\pp. No. /.'l4j2010 &. cor.n(!Cted Appeals of Village Bijwasan 1/\./\pp. No. I J 1/20JO & 1\ppei:lls :Jf Village Pochanpur )·(c / (Ex.PW-114 to Ex.PW-1110) indicate that its price varies from lacs to lacs per acre. Meaning thereby, the entire land of the sale exemplars-- Sale Deeds (Ex.PW-114 to Ex.PW-1110) did not command the same market price. It was dependent upon the nature and situation of the aforesaid lands. Evidence to establish the advantages attached to each parcel of land of these sale exemplars with acquired land in question, is lacking. Therefore, these sale exemplars cannot be treated as disclosing representative pr_ice for the acquired lands in question. The . special need of the purchaser of these agricultural lands in Village Pochanpur vide Sale Deeds (Ex.PW-1/4 to Ex.PW-1110) has not been brought out as the purchaser/vendee of these agricultural land has not • been got examined by the appellams. Had the of the aforesaid sale exemplars been got examined, then it could have been elicited from him as to why he had agreed to pay such a high price for these lands. The special fancy of the purchaser, i.e., Radha Swami Satsang, who had purchased more than 33 Bighas of land at an exorbitant price in Village Mamurpur vide Sale Deed executed on 25th March, 2000 was also subject matter in LA. App. No. 266/2008 titled as Jai Singh vs. Union of India, decided on 23.8.2011 and in LA. App. No. 999/2010 titled as Raj Singh vs. Union of India, decided on

19.9.2011 and in the aforesaid decisions, the sale exemplar of Village M.amurpur was discarded while holding that the same cannot be treated as representative price for the acquired lands. 2 7. In the instant matters, though the land use of the acquired lands was changed much prior to their acquisition, but it has come in evidence that the acquired lands were being used for agricultural puq)ose till their . acquisition. Thus, it becomes evident that the acquired lands were not developed lands. No prudent person having knowledge of prevailing 1/\./\op. No. 1 J 95/2008 & connected Appeals of Village 13harthal

1./\./\pp. No. 294/2010 & r.onnected Appeals of Village Bijwasan ll\.1\pp. No. j ll/2010 & connected Appeals of Village Pochanpur market price of the land in question would pay such ·a high price unless and until such purchase is meant for special consideration and so, in the considered opinion of this Court the sale exemplars, i.e., Sale Deeds (Ex.PW-1/4 to Ex.PW-1110) have been rightly discarded by the Reference Court.

¶28So far as the sale exemplar of Village Samalkha (Ex.PW-1111) rei icd upon by the appellants is concerned, disclosing exorbitant price of per acre to Sale Deed of 2i 11 January, 2000, it ' needs to be noted that because this sale exemplar (Ex.PW -1 Ill) was situated on the National Highway - 8 and because vide Sale Deed (Ex.PW-1/11) vendor had sold not only the land but the structure thereon • including tube well, boring, fitting, fixture, lane, by-lane, etc., t.perefore, it had fetched such a high price. In view thereof, this sale exemplar cannot be treated as a representative price for the acquired lands m question.

¶29Left with no sale exemplars disclosing realistic price of similarly situated lands in the vicinity, no'.V it is required to be considered as to whether adoption of L& DO circular rates for the developed lands and Rates for the alternate plots by the DDA ought to be adopted to determine the true market value of the acquired lands in question . ...

¶30Parameters; governing fixation of market value of acquired lands highlighted by Apex Court in its derision reported asP. Ram Reddy and Ors. v. Land Acquisition Officer Hyderabffd Urban Development Authority Hyderabad and Ors., 1995 (2) SCC 305 are as under:- "/2. Uowever, in either the said cases whether it be the determination of the market value of the acquired land with building potentiality with ref'erence to the price fetched by Yale in a well developed faJ'Out in the neighborhood 11\./lpp No. 01 & connr.r.tr.d t\ppeals of Vi !I age Bharthal I 1\ /\pp Nc. 2911/?01.0 & cnnnccted of Villaee ll•jwasan 11\.f,pp. Nc. 1.J 1/ /.O.W 8. Appeals of Village Por.hanpur

¶31or whether it be the determination of the market value of the acquired land with building potentiality with reference to the price fetched by sale of building plots in an undeveloped layout of building plots in the neighborhood, it becomes inevitable for the Court to find out what will be the price fetched or to be fetched by the sales of plots in the layouts, relied upon by any of the parties, with reference to the price which the plots could have fetched {('sold on the date of the publication of the preliminary noftfication under Section 4(1) of the Act. Further, where no evidence ofpricefetched by the sales of the plots in layouts of building plots in the neighborhood of the acquired lands becomes available, then what could be done is to find out the market value of the acquired land with reference to the relevant date of publication under Section 4(1) qf the LA Act, according to the actual use to which it was put and increase its value by a small percentage having regard to the degree qf its building potentiality ascertained on the basis of evidence to be made available in that regard. A ·small percentage. increase to be given shall not exceed ]/5th of the market value of the land found out according to its actual user since resort to the method of giving increased value for such building potentiality arises only when there is no evidence. of sales of building plots in the neighborhood of the acquired land indicating that there was no immediate demand, as such, for building plots even ifformed in the acquired land. " ln view of the difficulties in adoption of rate of land charged by the DD/\ after acquiring the agricultural lands, developing the same, and transferring perpetual leasehold rights, the Apex Court in La/ Chand (Supra), held that it is not safe. or advisable to rely upon the allotment rates/Pre-Determined Rates in determining the market value of the adjoining undeveloped freehold lands. Following the dictum of La/ Chand (Supra), a coordinate Bench of this Court in Jai Singh (Supra) and Sushi/ /(umar (Supra) has excluded the DDA rates qua the developed lands as being not relevant for assessing the market value of I /1.1\pp. No. ll%/2.008 & connected 1\ppeals of Village Bharthal 1/\ /\pp. No. /91!/2010 & connected 1\ppcals of Village 13ijwasan 11\.llpp No. 111/7010 & connected 1\ppeals of Village Pochanpur the undeveloped acquired lands. Thus, I find that the Reference Court has rightly not adopted the DDA rates for allotment of developed land or the DDA's Pre-Determined Rates for alternate allotments for fixing the market value ofthe acquired agricultural lands in question.

¶32Now what is required to be seen is whether progressive increase method would be relevant criteria for assessing the market value of the land in question while taking into consideration the earlier acquisition of the year 1984 in Village Bharthal and other villages for development of Dwarka Phase-1. It was sought to be argued by Mr.Sanjay Poddar, learned senior counsel for the respondent/cross-objector that even if the escalation at the compounded rate of 10% per annum is taken from the year 1984 till the year. 2000, i.e., for the period interv_ening the Notification for development of Dwarka Phase-! and the instant Notification for development of Dwarka Phase-II, still the price fixed by the I Jand Acquisition Collector is more than the aforesaid escalated price and theref6rc, the enhancement granted by the Reference Court is unjustified.

¶33Aforesaid argument does not hold good in view of the dictum of the Apex Court in La/ Chand (Supra), cautioning the Courts to adopt progressive increase method in assessment of the market value of the • acquired land only when the gap is of 4-5 years and beyond that it may be unsafe, even if it relates to a neighbouring land. What may be a reliable standard, if the gap is of only of a few years, may become unsafe and unrel iablc standard where the gap is larger. In the instant case, the gap between the two Notifications, i.e., of Dwarka Phase-I and Dwarka Phasc-.II is of sixteen years and therefore, it would be unsafe to adopt the mode of determining the market value by providing appropriate IJ\.1\pp. No. 11%/2008 & connected t\ppeals of Village Bharthal

1./\./\pp. No. 294/1.010 & conr.ected Appeals of Village Bijwasan I 1\./\pp. No. l.l.1./2Dl.(l & connf!cted Appeals of Village Poch<J11pl'r escalation over the market value of the nearby land of the previous years.

¶34Mr.Sanjay Poddar, learned semor counsel for the respondent/cross-objector had urged that the Reference Court has granted escalation @ 12o/o per annum, which is unwarranted as a coordinate bench of this Court in Sushi/ Kumar (Supra), has granted escalation @ 10% per annum. After having perused the decision in Sushi/ Kumar (Supra), I find that 10% increase on account of higher potentiality of the acq1Jired land over and above the market value determined by the Reference Court has been granted and so, by relying upon .Sushi/ Kumar (Supra) escalation granted by the Reference Court 12o/o per annum cannot be reduced to 1 Oo/o per annum. In this view of the matter, the cross-objections of the respondent are dismisse_d.

¶35Now what is to be seen is whether adoption of Government's minimum price of the agricultural land in Delhi, by the Reference Comi is reasonable-criteria for determining the market value of the acquired land and as to whether the escalation of 12% per annum granted by the Reference Court from the dat\! of fixation of the minimum price for the agricultural land by the Government w.e.f. 1st April, 2000 till the date of Notification in the instant appeals deserve8 to be further increased or not. IIJ

¶36Adoption of Government's mmunum rates of agricultural land pertaining to the Notification in question has been assailed by the learned counsel for appellants because the acquired land had ceased to be an agricultural land by vitiue of Notification of 24 111 October, 1994 declaring agricultural lands in these three villages in question to be urban. It is true that vide aforesaid Notification of the year 1994 the land use of the acquired land had changed bLit that by itself is not sufficient to I 1\.1\f-'p. No. 1195/2008 & connc;cted Appeals of Village 13harthal 1 II llp!J. No. l.')ilf;JOlO & connected /,ppeals of Village Bijwasan

1.1\.1\po. No. 'J & cor.nectr?d Appeals of Village f>ochanpur Pag·e 25 of 29 presume that the acquired lands had gained potentiality for being considered as developed lands. The evidence led is lacking on the vital aspect of there being any development in and arow1d the acquired lands in question. Not only this, even the sale exemplars of Radha Swami Satsang, Beas heavily relied upon by the appellants disclose that the sale of the said lands was for agricultural purpose. 3 7. Rather, it emerges from the evidence on record that till the issuance of Notification Section 4 of the Land Acquisition Act, 1894, the acquired lands were put to agricuiturai use. Had there been increase in price due to higher demand, on account of potentiality of the acquired lands upon change of their use post the year 1994, then - appellants could have laid their hands on other sale instances in area in question. But, indeed appellants cannot rely upon the sale of the land in Village Pochanpur to a religious institution and another sale instance of ViJ!age Samalkha (Ex.PW-1111) without leading any evidence to establish that the. quality and potentiality of the sale exemplars of Radha Svvami Satsang, Beas in Village Pochanpur and the sale exemplar of Village Samalkha are comparable with the acquired lands and so the contiguity of the acquired land with the sale instance of Village Samalkha (Ex. PW-1/11) cannot be treated to be sufficient ground to grant higher compensatior1 while relying upon the aforesaid ,. sale instances. Therefore, in view of tl1e afc.>re-referred dictum of the Apex Court in Haryana State .industrial Development Corporation (li.SJ DC) (Supra), uniform rate of compensation deserves to be awarded for the lands acquired under the same Noti.flcation in the light of the minimum price fixed by the Government for the agricultural· land in Delhi, which generally factors in the rise of price due to higher potentiality. Taking note of the fact that there is a gap between what : J\.1\pp. No. l.l'iSnO(J8 & connectc!d Appeals nf Village Bharthal I 1\ 1\pp. No. /94/?.010 8. of Village Bijwasan 1 f\.,.,pp. No. 111/2010 & connccl!'d /\opeals of Village Pochanpur would be expected to be the market growth and what the market had actually grown, Government's minimum agricultural price has been held to be reasonable basis for assessing the market value of the acquired lands in Jai Singh (Supra) as well as in Sushi/ Kumar (Supra) and I find no reason to take a different view than the one which had been taken by coordinate Bench of this Coutt in the aforesaid cases of Jai Singh (Supra) and Sushi/ Kumar (Supra).

¶38This Court is of the" considered view that the Reference Court in the matters pertaining to Village Bharthal and Village Bijwasan has rightly relied upon the Government's minimum price for agricultural lands in Delhi to fix the market value of the acquired lands in question. Finding of the Reference Court in matter of Village Bharthal arid Village Bijwasan, of there being no evidence that the potential and the situation of the acquired lands is similar to sale exemplars is borne out from the evidence on record. But I find that the aspect of higher potentiality of the acquired lands being in close vicinity of the IGI ;\irport, Indian Oil and Bharat Petroleum Depots and of Railway line passing through Village Bharthal and there being a 100 vide road starting from NH-8 from Shiv Murti side to Dwarka Sub-City, Part I and Part II, dividing the acquired lands in two portions, and there being Farm Houses in the - vicinity of the acquired lands has somehow missed the attention of the \:- Reference Court. In the considered opinion of this Court, on account of l.ocational advanta.gcs, the acquired lands in question, certainly assume higher building potentiality being ii1 vicinity of Dwarka Phase-I. What this Court to grant 10% increase over arid above market val uc of the acquired lands· as assessed by the . Reference ·Court on account of the higher building potentiality in the acquired lands is the I r, J\J.)p. No. & connc;cted 1\ppe<Jis of Village Bh;,rthal 11\.1\pp. No. 294/2010 & connected Appeals of Village Bijwasan I t .. l\pp. No. 11.1/7.010 & connected of Village Poclwnpur settled legal position aptly highlighted by the Apext Court in Mirza Nausherwan Khan vs. Collector, (1975)1 SCC 238, in these words:- "When once a cone! us ion is reached that there was the possibility of the acquired land being used for putting up buildings in the immediate or near future, such conclusion would be sufficient to hold that the acquired land had a building potentiality and proceed to determine its market value taking into account the increase in price attributable to such building potentiality. "

¶39Considering the faCt that it would be very difficult to provide a definite value qua potential, and in view of the fact that exactness can never be achieved in the matters of assessing fair compensation, it is broad probabilities of the instant cases, which persuades me to treat them \Vith equivalence by uniformly applying the Government's 'minimum prices Cor the agricultural lands for computing the fair market value of ·the acquired lands as there are no special features to treat the acquired lands differently and so, appellants of Village Pochanpur are treated at par with their counter-parts, i.e., appellants of Village Bharthal and Village Bijwasan. However, while relying upon the decision in Sushi! Kumar (Supra), I am inclined to gram 10% increase over and above the market value of the acquired lands determined by the Reference Court in these matters on account of the aforesaid locationa] advantages • providing a higher building potentiality in the acquired lands in question.

¶40Accordingly, these appeals arc parily allowed to the extent of awarding 1 0% increase over and above the market value assessed by the Reference Court in matters pertaining to Village Bharthal and Village Bijwasan. While treating the appellants of Village Pochanpur at par with the appellants of Vi!Jage Bharthal and Village Bijwasan, the appeals of

111.1\pp No. & connected /\ppeals of Village Bharthal 1 .. . ./\pp. No. & wnnr.cted /\ppcals of Village Bijwasan IA/\pp. No. J ll/2010 & connected /\ppcals of Village Pochanpur ,.., the appellants of Village ·Pochanpur are also allowed to the extent indicated above. Thus, the market value of the acquired lands of these three villages in question is determined @ per )ligh.a for the . a...c...-vz.-· Category 'A' land and@ per the Category 'B' lands in question. ''-4' 1,._, 4 I . On the aforesaid enhancement in the compensation awarded, statutory benefits as per the Land Acquisition Act, 1894 as explained in the judgment reported in ·Sunder vs. UOI 2001 (93) DLT 569 are granted, except for the period where there is a delay in filing the appeal, for which peri<>d of delay no interest on the enhanced compensation shall be paid. These appellants would be entitled to proportionate costs.

¶42The above c':lptioned appeals and cross-objections are disposed of .in the aforesaid terms with direction to the Registry to remit the compensation amount, if any, deposited by either side with the Registrar (:Jenera! of this Court, to the concerned Reference Court. Decree sheets be accordingfy prepared. .Januaf")' 06, 2012 pkb

1./\.flpp. No. 1.19!;/2.008 & connected Appeals of Village Bharthal

1./\./\pp. No. 294/2010 & connected /\ppeols of Village Bijwilsan r- . \. "il' •-' " ' .• __.· (SUNIL GAUR) JUnGE 1/\./\pp. No. 111/20.10 & connected Appeals of Village Pochanpur * IN THE HIGH COURT OF DELHI AT NEW DELHI + . I.,A.APP. 1195/2008 RANBIR SHARMA ..... Appellant Through: Mr.B.S.Maan, Mr.Amit Maan, Mr.Jai Prakash, Ms.Smita Maan, Mr.R.S.Verma, Mr.Jitin Tewathia, Advocates Ms.Anita Tomar, Advocate. Mr.Rohtas, Advocate. Mr.Raghuvinder Godana, Advocate Mr.N.S.N.egi and Mr.H.S.Rautela, Advocate Mr.S.K.Rout, Mr.B.K.Routray, Advocates. Mr.N.S.Negi and Mr.H.S.Rautela, (Advocates for respondent in appeais filed by UOI) Mr.Sudhanshu Tomar, Advocate for Mr.R.S.Tomar . Mr.B.D. Sharma, Mr.S.K.Solanki and Mr.S.K.Rout, Advocates versus UNION OF INDIA & ANR. .. ... Respondents Mr.Sanjay Poddar, Senior Advocate with Mr.Sanjay Pathak, Mr.Mohitrao Jadhav and Ms.Navlin Swain, Ms.K.Kaumudi Kiran, Advocates for LAC/UOI Mr.Ajay Verma, Mr.S.K.Sethi, Ms. Amita Singh, Mr.Bankey Bihari Sharma, Mr.Kunal Sharma and Mr.Somer K.Seth, Advocates for DDA. • CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDEI{

12.01.2012 C.M. Appl. No. 752/2012 {For correction). t I This is an application for seeking typographical correction in Order of 6th January, 2012. Counsel appearing for the appellants have accepted the notice Page 1 of the application. Advance copy of this application has already been given to remaining counsel for the appellants. The typographical error pointed out by the respondent in the decision of 6th January, 2012 is that in paragraph no: 40 of the aforesaid judgment the rate of compensation assessed is 'per bigha', whereas it should be 'per acre'. This is riot disputed by learned counsel appearing for the appellants. Accordingly, this application is allowed and it is ordered, that the reference to 'per bigha' in paragraph no: 40 of LA.App.No. 1195/2008 be read as 'per acre'. Necessary corrections be carried out forthwith. In view of the aforesaid, this application stands disposed of. .JANlJARY 12, 2012 pkb ------·::.. .. - .JUDGE Page 2

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: December 08, 2011 Pronounced on: January 06. 2012 + LA.APP. 57/2010 HARICHAND versus UOI&ANR CORAM: Through: Through: ..... Appellant Mr.R.S.Tomar, Mr.Virendra Singh Advocates Mr.S.K Solanki and Mr.S.K.Rout and Mr.B.K. Routray, Advocates for appellant (in R-2-14, 38,41-46,49,50-69,73,75, 76) ..... Respondents Mr.Sanjay Poddar, Senior Advocate with Mr.Sanjay Kumar Pathak, Mr.Mohitrao Jadhav, and Ms.Navlin Swain, Advocates for UOIILAC Mr.S.K.Solanki and Mr.S.K.Rout and Mr.B.K. Routray, Advocates in appeals filed by UOI. Mr.Virendra Singh, Advocate in R-68, 71 & 72 in appeal filed by UOI Mr.Bankey Bihar Sharma, Mr.Kunal Sharma and Mr.Somer K.Seth, Advocates for DDA. HON'BLE MR. JUSTICE SUNIL GAUR