NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. DESH RAJ

JUDGEMENT

(1.) All the aforesaid appeals are connected and have been heard analogously, therefore, all are being decided by this common judgement having binding effect in all the appeals.

(2.) The brief facts of the aforesaid appeals are that on 17th February, 1988 a gazette notification was issued under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter in short called as the 'Act') for acquiring the land having a total area of 603-13-0 bigha (377.281 acre) situated in Village Rasoolpur Nawada, Pargana Loni, Tehsil Dadri, District Ghaziabad for the purpose of planned development under New Okhla Industrial Development Authority (hereinafter in short called as 'NOIDA'), the then District Ghaziabad. In the said notification it was provided that since the land is urgently required, provisions of Section 17(1) & (1-A) of the Act will be applicable but not Section 5-A of the Act. Local publication of such acquisition was made on 11th March, 1988, whereas publication in two newspapers, namely, Dainik Hint and Dainik Pralayankar was done on 12th March, 1988. Notification under Section 6 read with Section 17 (1) of the Act was published on 16th June, 1988 and accordingly, publication in two newspapers, namely, Dainik Hint & Gau Ganga and local publication was done on 26th September, 1988 and 28th September, 1988 respectively. Since there were some shortcomings in the recorded area, further notifications under Sections 4 (1) and 6 (1) of the Act were published and possession of 603-5-0 bigha of land was taken over by the appropriate authority on 28th February, 1989. The Special Land Acquisition Officer, NOIDA, the then District Ghaziabad (hereinafter in short called as the 'SLAO') after hearing the objectors/land loosers under Section 9 of the Act and after consideration of 32 sale-deeds found that the sale-deed at Serial No. 32, which was executed by one Sri Pratap Singh in favour of Dayal Sahkari Awas Samiti Ltd. (a Co-operative Society) dated 5th December, 1987 @ Rs. 34.71 per square yard, is the most appropriate and justifiable sale-deed to form basis for determining the amount of compensation. On the basis of the aforesaid, the SLAO by its award dated 24th September, 1990 awarded compensation of the land @ Rs. 34.71 per square yard, solatium @ 30% of the compensation for land, 12% additional compensation from the date of notification under Section 4(1) of the Act till the date of taking over possession, interest @ 9% from the date of taking possession till the date of award, and other compensations for house and well etc.

(3.) Against the aforesaid award the claimants proceeded before the Court of reference under Section 18 of the Act saying that the land is situated only at a distance of three kilometres from Delhi border and nearby areas have already been developed residentially and industrially and is also developing very fast. The land is situated within the regulated area of New Okhla Industrial Development Authority (NOIDA) and is full of potential value. NOIDA itself has decided to pay compensation @ 90/- per square yard to the land loosers of the adjacent village Makanpur, which was acquired with the land of Rasoolpur Nawada i.e. claimants' land, and for the village Mamura award has been made for Rs. 50/- per square yard, whereas land of the claimants is in much useful position than that of said villages. NOIDA itself is selling the adjacent lands @ Rs. 850/- and Rs. 1250/- per square meter for industrial and residential purposes respectively. Since the land under sale-deed at Sl. No. 32 comes within the regulated area, therefore, either sale-deed is not executed or the sale-deed is executed at a lower rate in order to save the stamp duty and the SLAO has arbitrarily rejected the other sale-deeds without properly considering the same; and the compensation has been awarded at a very lower rate, whereas for other adjacent villages, namely, Makanpur, Khoda and Mamura compensation has been awarded @ Rs. 90/-, Rs. 70/- and Rs. 50/ - per square yard respectively. Against this background, the claimants demanded compensation @ Rs. 200/- per square yard.