JAI PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Above captioned appeals and cross-objections relate to acquisition of about 2100 bighas of land in Village Bamnoli, Delhi notified for Planned Development of Delhi vide Notification of 4th November, 2004 under the Land Acquisition Act, 1894 and since the impugned order of the Reference Court in these appeals uniformly grants compensation at the rate of Rs. 17,45,000 per acre with statutory benefits, therefore, with the consent of learned counsel for the parties, who were present at the final hearing, these matters were heard together and are being adjudicated upon by this common order. Land Acquisition Collector while relying upon the indicative price fixed by Government of NCT of Delhi for agricultural land in Delhi for the period in question, had determined the market value of the acquired land in question at the aforesaid rate of Rs. 15,70,000/- per acre of leveled land in Block A, whereas for the acquired land excavated beyond one meter, i.e., Block B land, compensation was determined at the rate of Rs. 14,13,000/-per acre.

(2.) Not satisfied with the aforesaid Award of Land Acquisition Collector, before the Reference Court, appellants/claimants had relied upon Notification of 24th October, 1994 issued by the Municipal Corporation of Delhi declaring the land in 20 villages including the instant village to be urbanized. Reliance was also placed upon Notification of 16th October, 2000 declaring change of land use of the acquired land in question and thereupon, Delhi Development Authority had prepared Zonal Development Plan for Dwarka Sub City in Dwarka, New Delhi.

(3.) While relying upon seven sale instances (Ex.PW-1/7 to Ex.PW-1/13) of the year 1999, relating to agricultural land in Village Pochanpur purchased by a religious society - Radha Swami Satsang, Beas, and certified copy of Sale Deed of 27th September, 2004 (Ex.PW-1/14) of Village Bharthal, enhancement in compensation was sought. Reference Court upon evaluation of the evidence on record concluded that there was no evidence to the effect that location, potential and utility of the land in the Villages of Bharthal, Pochanpur and Bamnoli is similar and had chosen not to rely upon the aforesaid sale instances as the Sale instance of this very village was available.