JAI SINGH Vs. UOI

JUDGEMENT

(1.) 10 villages; namely, Pooth Khurd, Holambi Kalan, Holambi Khurd, Bawana, Khera Khurd, Narela, Ali Pur, Rajapur Kalan, Shahpur Garhi and Sanoth are comprised in the Revenue District (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 VRs. formed by Rohtak Road i.e. NH-10 and G.T.Karnal Road i.e. NH-1. The Delhi- Ambala railway line runs somewhat parallel to NH-1. Whereas villages Narela and Shahpur Garhi are in between the railway line and 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 Shahpur 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 situated in the land within the aforesaid VRs.. Bawana Industrial Estate came up on lands which were acquired post 1996 and said Industrial Estate is also on the land within the aforesaid VRs.. 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 aforesaid dates under Section 4 of the Land Acquisition Act 1894, vast tracts of land in said 10 villages were acquired and save and except lands in the Revenue Estate of village Narela where the purpose of acquisition was partly residential and partly industrial, in the other villages, acquisition was for the purpose of establishing an industrial estate or laying down a road or freight complex. THE reason why such large tracts of 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.

(3.) A perusal of all the awards announced from time to time would reveal that the learned Land Acquisition Collector has determined compensation payable with reference to notifications/orders issued by the Government of NCT Delhi from time to time notifying the minimum rates for agricultural lands in Delhi and wherever it was found that due to land owners having excavated earth resulting in pits having depths between 4Rs. to 6Rs., the land value has been appropriately depressed and this is to be found in a few awards where lands have been put in 2 or 3 categories i.e. Category ARs., Category BRs. and Category CRs..