HEM CHANDER MALIK Vs. UOI

JUDGEMENT

(1.) VIDE three awards as afore-noted pronounced pursuant to three notifications issued under Section 4 of the Land Acquisition Act 1894 on 23.12.1994, 28.4.1995 and 27.10.1999, agricultural lands in village Shahbad Daulatpur were acquired for development of Rohini Phase-IV. It may be highlighted that lands for the colony Rohini were first acquired in the year 1961 and from time to time acquisitions were made as and when Rohini Phase-I, Rohini Phase-II and Rohini Phase- III were developed and colonized. The effect of what I have highlighted is that by the time subject acquisitions were effected, the surrounding lands had not only been acquired but had been fully developed and largely colonized and thus the subject lands had acquired a building potentiality.

(2.) WHEN judgment was reserved in the instant appeals on 19.8.2011, arguments were advanced and decision was reserved in Appeals pertaining to acquisition of land in the adjoining village Rithala. Agricultural lands of said village Rithala were also acquired for the expansion of the Rohini Residential Scheme pursuant to a notification dated 21.7.1993 issued under Section 4 of the Land Acquisition Act 1894.

(3.) I had rejected all arguments save and except the one qua building potentiality, and for which reasons could be gathered from the decision pronounced today pertaining to village Rithala and the lead matter is LA.APP.No.656/2008 Sushil Kumar vs. UOI and Ors. The same may be treated as incorporated by reference in the present decision.