BHULE RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This common judgment shall dispose of the appeals filed by the appellants under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), challenging the fixation of market value of the land acquired by the Land Acquisition Collector(LAC) situated in village Aali, pursuant to an Award No.4/1998-99 pronounced on 23.2.1999, after issuance of Notification under Section 4 and 17(1) of the Act on 31.10.1996, which ripened in a Declaration under Section 6 of the Act, issued on 26.2.1997. The total land acquired by the above Award measures 996 bighas and 8 biswas.

(2.) With the consent of the parties, LA.A No.173 of 2007 is being treated as the lead case. While learned counsel for the appellants, Mr.Deepak Khosla, addressed arguments on behalf of all the appellants, respondent/UOI was represented by Mr.Sanjay Poddar, Advocate, and Mr.S.K. Taneja, Sr. Advocate addressed arguments on behalf of respondent/NTPC.

(3.) The purpose of acquiring the land was for Planned Development of Delhi, namely, for construction of Ash Pond by respondent/NTPC. Under the Award No.4/1998-99, the market value of the land was fixed by Land Acquisition Collector at Rs.1,94,088/- per bigha, based on the minimum rate fixed by the Delhi Government for agricultural land, apart from solatium and other statutory benefits. While assessing the market value of the land in question on 30.10.1996, the LAC observed that there was no previous award in the preceding year, which could be referred to or taken into consideration. He declined to take into consideration two sale deeds of land measuring 1 bigha each, valued at Rs.4,20,000/-, executed in February, 1996 and relied upon by the claimants, on the ground that while the sale deeds were only for 1 bigha each, the acquired land was 1000 times more than that and there was a certain fall in the price when the land is taken in bulk, instead of smaller plots. Instead, the LAC relied on the policy of the Delhi Government dated 25.7.1997 which had fixed the corresponding appreciation of land @ 11.5% p.a. as market value so fixed on 30.5.1990, which was Rs.4,65,000/- per acre. Taking into consideration, the said minimum rate fixed under the aforesaid policy as the best factor to determine the market value, the LAC fixed the market value of the land @ Rs.1,94,088/- per bigha, as payable to the expropriated land owners.