Uoi & Anr. vs Khazan Singh & Ors.
2011 Latest Caselaw 3042 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Judgment Reserved On: 1st June, 2011
                              Judgment Delivered On: 7th June, 2011

                               LA APP.NO.613/2008

UOI & ANR.                                   ......Appellants
              Through:        Mr.Sanjay Poddar, Standing Counsel (LA),
                              GNCT    Delhi  with  Mr.Sachin Nawani,
                              Advocate and Ramesh Ray, Advocates

                                    Versus

KHAZAN SINGH & ORS.              ......Respondents
         Through: Mr.Deepak Khosla and Mr.Inder Singh,
                   Advocates.
                   Mr.Ajay Kumar Verma, Standing Counsel
                   DDA.

                                         And

LA.APP. 1038/2008, LA.APP. 614/2008, LA.APP. 615/2008, LA.APP.
616/2008, LA.APP. 1040/2008, LA.APP. 617/2008, LA.APP. 618/2008,
LA.APP. 619/2008, LA.APP. 620/2008, LA.APP. 622/2008, LA.APP.
1042/2008, LA.APP. 624/2008, LA.APP. 1043/2008, LA.APP. 625/2008,
LA.APP. 629/2008, LA.APP. 630/2008, LA.APP. 1146/2008, LA.APP.
636/2008, LA.APP. 637/2008, LA.APP. 638/2008, LA.APP. 1142/2008,
LA.APP.641/2008, LA.APP.796/2008, LA.APP.1141/2008 & LA.APP.
618/2009.

        CORAM:
        HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

    1. Whether the Reporters of local papers may be allowed
       to see the judgment?
    2. To be referred to Reporter or not?
    3. Whether the judgment should be reported in the Digest?

PRADEEP NANDRAJOG, J.

1. For the purposes of channelization of river Yamuna a vast track of land ad-measuring 3500 hectares was proposed to be acquired and in respect whereof a notification under Section 4 of the Land Acquisition Act was issued on 23.6.1989. The notification pertained to lands in the revenue estate of village Khizrabad, Kilokari, Nangli Rajapur and Ghari Mendu.

2. Whereas lands of village Khizrabad, Kilokari and Nangli Rajapur were along the river bank of the river Yamuna as it flows past NH-24 towards the South till it crosses village Khizrabad, the lands of village Ghari Mendu were before the river crossed NH-24.

3. Whereas the lands of village Kilokari and Khizrabad were on the Western bank of the river, the land of village Nangli Rajapur was on the Eastern bank.

4. The land of village Ghari Mendu is on the Eastern bank of the river.

5. Vide judgment pronounced today the Land Acquisition Appeals pertaining to village Khizrabad, Kilokari and Nangli Rajapur have been decided lead matter being LA.App.No.59/2007 Bed Ram Vs. UOI & Ors. and as per the said decision fair market value of the land in said 3 villages pertaining to the notification dated 23.6.1989 has been held to be `89,600/- per bigha.

6. As per the said decision, keeping in view that the subject lands therein were prone to flooding, were low lying land along the banks of the river and could be called 'Flood Plain' land, the compensation assessed was with respect to the situational and character disadvantage suffered by the lands and even the annual price rise was determined at the bare minimum.

7. With respect to the lands comprised in village Ghari

Mendu, Sh.Sanjay Poddar learned counsel for the Union of India urged that these lands are situated in East Delhi with hardly any development in and around the land and thus cannot be equated with the Flood Plain land in the villages Khizrabad, Kilokari and Nangli Rajapur. Learned counsel further submitted that for said 3 villages, taking cue from the decision reported as Tindey & Ors. Vs. UOI & Anr. 2000 (54) DRJ 384 the compensation was assessed at `89,600/- per bigha by the Reference Court and a perusal of the decision in Tindey's case (supra) would show that the basis to work out the compensation at `35,000/- per bigha as of 10.5.1976 was `12,500/- per bigha as of the year 1961 and in said year, for East Delhi the maximum rate fixed by this Court in the decision reported as Kesho Dass Vs. UOI 44 (1991) DLT 375 was `8,064/- per bigha. Thus, learned counsel urged that the compensation assessed in the sum of `90,102/- per bigha is excessive.

8. Since in the decisions pronounced today pertaining to village Khizrabad, Kilokari and Nangli Rajapur I have upheld the market value determined by the learned Reference Court for said villages @ `89,600/- per bigha by assigning the minimum value to the lands, I see no scope to further reduce the market value of the lands in village Ghari Mendu and by way of an illustration may simply state that on the poverty index, those who are listed as Below Poverty Line would have no scope for further sub- classification as 'Below Poverty Line' and 'Little Below Poverty Line'.

9. I accordingly hold that the fair market value of the subject lands in village Ghari Mendu as of 23.6.1989 would be `89,600/- per bigha and not `90,102/- per bigha worked out by the

learned Reference Court.

10. Accordingly, LA App.No.618/2009 filed by Badley seeking enhancement of compensation is dismissed.

11. The Land Acquisition Appeals filed by Union of India are partly allowed by modifying the Reference Order and decreeing `89,600/- to be the fair market value per bigha of the subject lands in village Ghari Mendu which are the subject matters of the appeals filed by Union of India and needless to state on the said sum the land owners would be entitled to statutory benefits under the Land Acquisition Act 1894 as interpreted in the decision reported as Sunder Vs. Union of India 93 (2001) DLT 569. Cross objections in said appeals filed by the land owners are dismissed.

12. Parties are left to bear their own costs.

(PRADEEP NANDRAJOG) JUDGE

JUNE 07, 2011 mm