Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 3044 (ALL)

TEJ SINGH v. STATE OF U. P.

2016-09-06

KRISHNA MURARI, PRASHANT KUMAR

body2016
JUDGMENT By the Court.—Aforesaid first appeals have been filed by the claimants challenging the judgment and award dated 29.11.2003 passed by District Judge, Gautam Budh Nagar in various Land Acquisition References filed under Section 18 of the Land Acquisition Act, 1894 (for short the ‘Act’). All the appeals are based on same set of facts raising common question of law and, hence, have been clubbed together and are being decided by this common judgment. 2. We have heard Shri Madan Mohan, learned counsel for the appellants and Shri Amit Manohar for the NOIDA and learned Standing Counsel for the State respondents. 3. Land in dispute belonging to the claimant-appellants, situate in village Illabas, Pargana, Tehsil & District Gautam Budh Nagar was subject-matter of acquisition under the provisions of the Act for the benefit of New Okhla Industrial Development Authority (hereinafter referred to as ‘NOIDA’) for planned development. Notification under Section 4 of the Act was published on 6.1.1992. Declaration under Section 6 of the Act was issued on 18.4.1992. Total area of 126-17-00 bighas of land, which includes the land of the claimant-appellants, was acquired. Possession of the land was taken on 9.7.1994 and award was declared by the Special Land Acquisition Officer on 6.1.1997 determining the market value of the land at the rate of Rs. 50/- per square yard. 4. Dissatisfied with the determination of the market rate of the land at the rate of Rs. 50/- per square yard and the compensation awarded, the claimant-appellants moved references under Section 18 of the Act claiming compensation at the rate of Rs. 1500/- per square yard. Similarly situated other tenure holders also moved references, which were clubbed together and decided by common judgment and order dated 29.11.2003 under challenge in these appeals. Reference Court determined a sum of Rs. 71/- per square yard as market value of the land. Aggrieved by the same, the claimant-appellants have preferred the present appeals. 5. Learned counsel for the appellants contends that the land in question situate in village Illabas is on NOIDA-Dadri highway along the developed sectors in NOIDA. It is also submitted that land is having great potentiality for constructions and is situate at a very short distance from New Delhi. It has also been stated that land in question is similarly to land of adjoining villages, namely, Bhangel Begumpur, Morana and Nagla Charan Das. It is also submitted that land is having great potentiality for constructions and is situate at a very short distance from New Delhi. It has also been stated that land in question is similarly to land of adjoining villages, namely, Bhangel Begumpur, Morana and Nagla Charan Das. It is also submitted that the market value of the land of the village in question, namely, Illabas, which was acquired vide notification dated 6.8.1988, this Court in First Appeal No. 417/1995, NOIDA and others v. Jairam and others, vide judgment and order dated 25.2.2014, determined the compensation to Rs. 297/- per square yard. 6. Learned counsel for the appellants vehemently contended that if Rs. 297/- per square yard determined as fair market value of the land of the similar villages acquired in 1988, is taken to be the base year market value, the appellants are entitled to an increase of 12% per annum due to escalation in price during these years. 7. Reliance in support of the contention has been placed on the judgment of the Hon’ble Apex Court in the case of Om Prakash (dead) by LRs and others v. Union of India and another, (2004) 10 SCC 627 and Ashrafi and others v. State of Haryana and others, (2013) 5 SCC 527 . 8. In reply, learned counsel for the respondent-NOIDA submits that the determination of the market value of the land in question by the reference Court is perfectly just and the impugned award does not call for any interference. 9. We have considered the arguments advanced by the learned counsel for the parties and perused the record. 10. The fact that the land in question is situate in NOIDA-Dadri highway at a very short distance from New Delhi and is similar in potentiality and in other factors with the land of the adjoining villages, namely, Bhangel Begumpur, Morana, Nagla Charan Das, is undisputed. 11. The reference Court in the impugned judgment has recorded a finding that the village Illabas where the land in question situate, is adjacent to village Bhangel Begumpur and Morana. Certain area of the land of the village in question, namely, Illabas was subject-matter of acquisition vide notification dated 6.8.1988. Special Land Acquisition Officer declared an award dated 26.9.1990 determining the market value of the land to be Rs. 35.07/- per square yard. Certain area of the land of the village in question, namely, Illabas was subject-matter of acquisition vide notification dated 6.8.1988. Special Land Acquisition Officer declared an award dated 26.9.1990 determining the market value of the land to be Rs. 35.07/- per square yard. In reference made by the tenure holder, the compensation was enhanced to Rs. 93.75/- per square yard by the reference Court vide order dated 26.2.1993. The dispute travelled to this Court in the form of various first appeals, the leading being Appeal No. 417 of 1995, NOIDA and others v. Jairam and others. A Division Bench of this Court vide order dated 25.2.2014 determined the market value of the said land at the rate of Rs. 297/- per square yard. In determining the market value of Rs. 297/- per square yard, the Division Bench relied upon the market value determined in respect of the land situate in adjoining villages, namely, Bhangel Begumpur. It has also been held that the village Illabas is situate at a distance of one Kilometer from village Bhangel Begumpur and is adjoining to Delhi-Dadri road and there is noting on record to demonstrate any dissimilarity in the nature and potentiality of the two villages, i.e., village Illabas and village Bhangel Begumpur. 12. Reference may also be made to another Division Bench judgment of this Court dated 9.5.2008 rendered in First Appeal No. 34 of 2007, Ganeshi Singh and others v. NOIDA and others, in respect of the land situate in village Chhalera. The acquisition was made for NOIDA vide notification dated 5.1.1991. Special Land Acquisition Officer determined market value to be Rs. 110/- per square yard. However, on a reference filed by the tenure holder, the same was enhanced to Rs. 222/- per square yard. In the appeal filed by the claimant-appellants, initially vide order dated 9.5.2008, the market value was determined at the rate of Rs. 297/- per square yard, however, on an application made by the claimant-appellants, vide order dated 19.5.2010, the judgment dated 9.5.2008 was modified by applying the principles of annual increments in the prices of the land as evolved by the Hon’ble Apex Court in the case of Om Prakash (supra) and the market value of the land was determined at the rate of Rs. 340/- per square yard. 13. The Hon’ble Apex Court in the case of Om Prakash (supra) has observed in paragraph 11 as under. 340/- per square yard. 13. The Hon’ble Apex Court in the case of Om Prakash (supra) has observed in paragraph 11 as under. “In the circumstances, the High Court was justified in working out the fair market value of the lands in question on the basis of Rs. 16,750/- per bigha as on 30-10-1963. The High Court noticed that in several judgments of this Court escalation at different and varying rates i.e. 6% per annum from 1959 to 1965, @10% per annum for every year from 1966 to 1973 and @12% per annum from 1975 had been considered to be reasonable increase to arrive at the fair market value, assuming that the pace of escalation during this period was normal for the entire period from 1959 onwards. Since no material was placed on record to show that there was any abnormality during the period, the High Court applied the same principle to the facts and circumstances before it, and accepted increase of 10% every year progressively from 1963 to 1973 and thereafter @12% every year progressively up to the date of acquisition. The High Court noticed in the judgment that if escalation is allowed on this basis, the fair market value would be Rs. 1,28,889 per bigha. In case progressive increase is allowed @10% for the entire period, the amount will work out to Rs. 1,08,397 per bigha. Allowing appreciation @12% for every year, not cumulatively, but at a flat rate of 12% per annum from 1963 to 1983, the amount would work out to Rs. 56,112 per bigha. The High Court in its judgment under appeal pointed out that the market value of Rs. 16,750 per bigha fixed in the case of Dharambir v. Union of India, was not in respect of commercial land but only of agricultural land. That the market value of agricultural land is much lower than that of land suitable for commercial purposes, is trite. After having worked out the market value of the land on various bases and keeping in view the fact that between 8-12-1982 and 2-6-1983, the lands in question had at least some commercial potentiality, the High Court decided that the fair market value of all categories of lands situated in the villages in question as on the date of acquisition should be fixed at Rs. 82,255 per bigha.” 14. 82,255 per bigha.” 14. The issue was reiterated by the Hon’ble Apex Court in the case of Ashrafi and others (supra) holding that while determining the market value of the acquired land, an increase of 12% shall be made applicable in the base year market value due to escalation of the price with cumulative/compound effect. 15. In the cases in hand, in respect of identically and similarly situated parcel of the land of the same village having the same potentiality and acquired for the same purpose by the same authority in the year 1988, fair market value was determined at the rate of Rs. 297/- per square yard. 16. Keeping in view the principles evolved by the Hon’ble Apex Court in the case of Om Prakash (supra) and Ashrafi and others (supra), the market value of the land of the claimant-appellants, which has been acquired vide notification dated 6.1.1992, is liable to be determined by applying 12% increase annually with cumulative/compounding effect. In case, the base year market price of village Illabas is treated to be Rs. 297/- per square yard with regard to the land, which was acquired on 6.8.1988, then market value of the land of the claimant-appellants, which has been acquired at least four years after the earlier acquisition, would come to more than Rs. 340/- per square yard, but the appellants have confined their claim only to Rs. 340/- per square yard. 17. In view of the principles evolved by the Hon’ble Apex Court in the cases of Om Prakash (supra) and Ashrafi and others (supra) as also various Division Benches judgment of this Court, the claimant-appellants, in the cases in hand, whose land was acquired on 6.1.1992, are entitled to compensation at the market value of Rs. 340/- per square yard alongwith all other statutory benefits admissible under the Act. 18. In view of the aforesaid facts and circumstances, all the first appeals of the claimant-appellants are liable to be allowed by modifying the judgment and award dated 29.11.2003 passed by reference Court and the consequential decree thereof by enhancing the market value as awarded by the reference Court from Rs. 71/- per square yard to Rs. 340/- per square yard with all other statutory benefits payable under the provisions of the Act. 19. The appeals, accordingly, stands allowed to the extent directed above. 20. 71/- per square yard to Rs. 340/- per square yard with all other statutory benefits payable under the provisions of the Act. 19. The appeals, accordingly, stands allowed to the extent directed above. 20. However, in the facts and circumstances, we do not make any order as to costs.