A W A R D No. 1815/ (supplementary'. ) Nume, of the villages Nangal Raya. Nature of acquisitions Permanent. Purpose of acquisition ; Planned Development of Delhi. AWARDS These are proceedings for determination of compenrsatin under section 11 of the Land Acquisition Act. The land Lmder acquisition is situated in village Nangal Raya and was Notified under section 4 of the Land Acquisition Act vide Delhi Administration Notification N•.F.15 ( iii)/59-LSG dated l g S 9 l c cl•J,14th November, 195 . Aft6r considering o bjections under section 5-A9 Delhi Administration, issued a notification under section 6 of the Land Acquisition Act for an area measuring 486 bigba 04 biswas vide Delhi A dainistration notification No.F.4 (92)/62- L&Y(i) dated 27.3.1963 . O ut of it land'measarin4 415-15 bighas and 0 - 14 bighas have been acquired vide awards Nes s 1385 and 1U6/7 2-73(supplementary ) of village Nangal Raya. The acquiring depLrtment required immediately an area measuring 2-07 bij&mecomprising of Khasra Nos. 26W29 314,598911912913914916920921922924,29 & 30 . Notices under section 9 & 10 saz of the Land Acquisition Act were issued to the persons in* rested in the land under acquisition. The claims and evidence filed by the persons interested will be discussed under the heading ' C•mpensation Claims'. M AND CORR.4,CTR s The land was measured on the spot by the Land Acquisition field Staff and the available area found at the spot is as under:e1 •. aBi. I.bma.^ ..3s) T} - f , .WL& 268/3 0-04 Chahi. 268/2 0-04 268/4 0-02 " 268/5 0-04 248/ 9 0-05 268/11 0-02 2 268/12 0-01 268113 0-02 268/14 0-02 268/ 16 0-05 268/20 0-01 268121 0-02 268122 0-02 268/24 0-05 268/29 0-02 I Cbahi. " " I to to I !1 " is 268/30 2-0 7 Totals p N HIPS of soil is The ownership,tenancy, area and kind as under siwner . ^ •f the S.No. Name N ame of dif Ki Area. Chahi 0-02 Self . 268/4 s/o Shri Tej Ram n 268/8 0-05 S ukh Ram. 268/12 0-01 " 0-05 " 26W 16 " 0-01 268120 " 268/24 0-05 " 268/29 0-02 1. Totals 1-1 2. Shri Harish Chander Self. 268/2 0-04 chahi• S/9 Ram Sar up. 3. Shri Hari Niwas s/o Self . 268/3 0-04 " 268/5 - . " Jag a n N atk . 0-08 to tals to 268/11 0-02 4. Ba tra es RaiLs/o Shri D Shri Tulsa Ram Batra. 5. Girdhari Lal Sharma " s/o Bali Ras S harttsa . 268113 268/14 0-02 0-02 totals 0-04 268/21 0-02 268/22 0-02 " 6, Ram Parshad Laiimba s /o Nanak Chand Lambe. Vi shwa Nath 3/0 Ihts an Singh. " It It csntd ...1. 3. ■ 3 0--04 Chahi. Bohan Lal Mehta s/• Self 268/30 Nathu Ram Mehtal Bhoop irdl SinLa1 #"^irsdhariq Ram, in is equa l share. The following P Q^pensati • n Total$ 2-0T interested have filed claimS$- i •-' lam L -^ claimed only enhanced ='8`g Shri Bohan Lal Mehta c•mpensati•n. 1• s/• Sh.Nathu Ram Mehta . Shri Piare Lal s/• -d•Shish B2• compensation for g&S claimed c.nP the premises and demanded 3. Shri Kishall s /• Deen BaYal' suitable alternative accsmmedati•n. 2. S)X i Ba j rang 8/9 d•Gir3a Shanker. 6. Nathi La l 8/ • -d•Girdhari G. MuratiLal S/• Ras e Bud Jai Pal s/• Jagaun th -dolas claimed compensation f-W /t irender s/ • La Fee 1w / olio ^Kumar for kh.N •. 28/21 Skis Y rend*ri G.Uru Parebad. yd, t•r land and for per sq * 16.5,000/- & i5% structures imterest. sai c•mpen Has not claimed . H•ti damanded suitable Shri Bhag"an Singh ^ti sabion accsa n atisn Balal 9/0 Ri s11 alter'lativa S ingh• l• -d•Be! Batt s/• RiOi^a^ R•shan Lal s/• Girdhari• Tilalc Rai S harma S/ o Lannon Hass Shama' US claimed compensation I(_amounting RS-10s table further demanded suidation• • alternative acewm 0 0 • .... 4. c t' - 4 13. She Hari sh Chander s/ o Pt. Ram Sarup. 14. $h. Shanker Singh 9/9 'hri Bhagwan Singh. Has claimed compensation for khasra No. 268/ 2 @ lbs. 80/- per sq* yd ., value of the houses %.20,000/-, cost of hand pump lb. 250/-, 1t.5, 000/- for shifting and 15% solatium . He has given a copy o f sale deed No. 2704 dated 23 .7.62 in Support of his claim of compensation, k Has not claimed compensation ,St has demanded suitable alternative accommodation. 15. Shri hanker Singh s/o dhri Sher Singh. -do16. Shri Roop Chand s/• Skin i Ram Charan. -do17. Skir t Abhey Ran s/ • Shri Arjan. -do- 18. Shri Shiv Nath a/• Shr Singhasan. -do®a 18. Shri/-Parkash s/o Skirl Chokh Ram. -do20. Shri Inder Singh s/o ShriRam ji Lal. -do- 21. ShriKanwarjeet Singh Has claimed compensation for s/• Sh.Mohan Lal Sharma* land and structures in khasra No* 268,/28 of Rs. 32, 000/-. 22. Shri Des Raj Batra s/o Has claimed compensation for Shri Tulsi Rams khasra No. 26 8/11 @ lb. 100/per sq, yd., cost of rooms be 20 000/-, water & electricity k. 06lb. 2000/-, cost of street lb. 6,500/-. Total lb.40, 000/-. 23. Shri them Chand s/o Has claimed compensation for Shri Ram Chand. khasra No. 268/30 05.100/- per sq* yd., cost of reams !;.20000/land pmp & trees %. 1 000/-&cos t street 18.2600 /-. Total ft.36,60Q 24. Shri Kishori Lal s/ o Ras claimed compensation fo Skirt Girdhari Lal. ',, khasra No. 2GW14 @ RS .100/- `^s1i' cost of house Rs.20 , 000/-, water Iw and electricity fittings Rs.2000/. cost of streetlb. 4,000/-.Total lb. 37,500/-. 26e Vishwa Nath s/• Has claimed She Khuman Singh, khasra No. s q. yd , for the 26. Shri Hari Ghamd . compensation for 268,/22 @ lb.100/-p r and a sun of %.161000/structures. Has claimed compensation for the kkasra No. 268/ 5 @ 1h.100/- per sq* yd * and Rs . 5,000/- for eacl of the roomse, contd.....5. 5 Has claimed compensation for the khasra No. 268/3 RS.100/- per sq.yd and %. 5000/- for construction of each room. Hari iiwas aharma -do- • has claimed compensation ^^o - .No. 26W s/0 Sikh -268/8 (01,'2 24(0 -5) ,2 68829 alias S 2 h ', al 12 o4 4(0-2) /20 (00-5) ,268 Ram Narain Singh ((0 2) total 1 bigha 1 biswas C Ids. 100/yb sola ium per sq.y ds for the land . 15 & 6 % interest. Tej Awl flnrm .e V gVIDEi3CE The following claimants have produced documentary ev1u°il.;° Des pport of their claims,Kanwarjeet Singh,Khem Chand^ (a) gj Batra Lal^ Chand, ant, Anguri Devi Raaj 3atra S.N. ingh, Hari and Shri Hari Niwas have filed illage of sale deed No. 2320 dated 7.5.1959 of va lb) Sh. Harish Chander s/o Pt.Ram Singh has filed a copy of sale deed No. 2704 dated 23.2.1962 of village Nangal Ray a. The market value of the land under acquisition has to to the price prevailing at the date e d,; term fined with reference under section 4 of the Land acquisition rilimifary notiiication p 4-4 The its potiential i es. and withall 0t) wi thal1 its advantages est evidence available to arrive at the correct market value of the d would be the evidence of genuine sales effected about the time au acquisition the land under in all f notification either in respect of of land precisely parallel portion thereof or sales 6r the to the land under acquisition. circumst ances of sale interested persons have filed copy Of Some of the This sale deed relates to sale deed No. 2320 dated 7.5.1959. out of khasra No. 463/176 of .yds only land measuring 293 sq 4 of Ids. 29000/.. ideration amount Village lyangal Raya for a cons has been Since.- the land in question which Contd..6... f 0 'S - 6 sold in the shape of the plot for use of residential purpose, is near the jail Road and far away from the Land under acquisition, this Sale - deed cannot farm the basis of determining the market value of the land under a c q uisition. 2704 for the sale of 2161 sq. The sale - deed No . yds. out of khasra No.268 of village Nangal Raya was execute( on 23 . 7.1962 i . e. after the date of material notification (ter same. so under section 4,, 14i4a-rd the /"4. CvJrThe necessity/ to find out parallel sale-deecV_as to evaluate the market value is needless in the face of judicial judgment which is the proper evidence to determine the market value. A part of the land comprising of khasra No. 268 has already bean acquired vide award No . 1885. The land iA acquired in Award No.1885 was divi ed into two A'colnprised of land abutting blocks i.e.A & B e The block ' and also close to the Pankha Road. T-t block'R' comprised The Land of khasra Nos. away from the aforesaid road . A' Rs.4,000/- per Acquisition Collector allowed for block ' bigha khan and for block ' 3'Its.3,500/- per bigha kham. In D.J. enhanced the compreference under section 18 mY the A . ensation of those khasra Nos. which were actually abutting 61200/- per bigha kham and that of land the Pankha Road to 3s. -S .31 -2 behind the khasra nose abutting the Pankha Road to fts. W /u per bigha kham. The land under acquisition is behind the khasra Nose abutting the Pankha Road.The situation and conditions of the land under acquisition are similar to the land for which the Additional District Judge awarded R5.5,333/per bigha kham . This is judicial judgment and is, therefore, the best evidence for evaluating the market price of the land under acquisition . As the Additional District Judge, Delhi has decided references under section 18 arising out of award No. 1885, the market value determined by the Additional District Judge, Delhi is the true market .....7. M - 7 - 0 66 Tosh Kumar & value of the land. I-n L.A . Case No.705 / Others Vs . U.O.I. award No.1885 village Nangal Raya, Delhi fined the market value the Addl . District Judge , of the land comprising of khasra nos. 264 , 265/2, 266, 270/2, 271, 274, 275, 276, 277, 280, 268/1, 268/10 , which are behind the khasra nos. abutting 281 and 282 , the Pankha Road at Ps. 5333/- per bihga kham. It is evident from the above that the Addl. District Judge, Delhi has fixed the market value of Ph, 5,333/- per bigha I 10, whereas the land under for khasra Nos. 268/ 1 & 268/ acquisition is also a part of the same khasra No. i.e. 268. The date of notification under section 4 of the Land Acquisition Act is the same. In the result, I award %.,5, 333/- per bigha khan for the land under acquisition, gTRUCTURk$ It is revealed foam the revenue record that 1 there were crops in the land under acquisition at the time of the preliminary notification under section 4 of the Land Acquisition Act. The spot inspection , however, reveals that there are structures in existence at the land under acquisition at present . The claimants have not produced any documentary evidence regarding the existence of the structures prior to the notification under section 4 of the L.A.Aet. In view of the position explained above, the structures in existence on the land under acquisition have come up after the date of preliminary notification under section 4 of the Land Acquisition Acti . e.13.11.1959c No compensation has been assessed for these structures. The owners can remove the malba immediately after the announcement of the award. RFLIGIOU5 PLAC : There are no religious institutions on the land under acquisition. 0 T-here are no walls on the land under acquisiti -en. TR.& There are trees on the land under acquisition. F 0.. The Naib- Tehsildar(LA) has assessed the compensation M uky 8 the trees, the details of which are given below. I agree with the compensation. S.No. KYasra No. Kind of Soil. 1. 268/ 2 Shahtut, Agar ui and Agar. 3 1.3S/- No. of trees.Total amount. 2. 268/ 11 Neen. 1 lb. 8/- 3. 26W13 Lehs uwa 1 F6040/- 4. 268/30 Shahtut 1 F6.10/- 6 Bs ' Totals INTER& T,k Possession of land under acquisition has not taken over as'yet . The question of grant of interest of the possession therefore, does not arise • The date of notification under section 4 of the Land Acquisition Act is 13.11 .1959 and the date of notification under section 6 is 27.3.1963. The Cap between the dates of notifications of these two notifications is MOM than three years. According to the provisions of the Land Acquisition ( Amendment & Valiittion) Act, 1967 the persons interested are entitled to interest at the rate of 6% per annum under section 4(3) for the period from 13 .11.62 to the date of announcement of the award, on the market value of the land under acquisition. LCLi,TIR-1; 15% solatium will be allowed as per the provisions of the Land Acquisition Act for the compulsory acquisition of the land. APPORTIONMENT& 19 Compensation in respect of khasra Nos.268/2, 3, 5, 149 21s 29 & 30 will be kept disputed on the basis of the claimants who have filed the claims at Nos. 3 to 129 14 to 21s, 23, 249 26 & 27. If the persons interested do not reach at an amicable settlement within a reasonable time, the .....9. - 9 ^n Nill be sent t^ the ,&dd1.TYistrict Judge,De1hi C^mpelasati C^mpensati ^n in respect -f Khasra N--s.- 68/4, 2. 24 & 29 will be kept disputed ^n the basis left ^ut f^r the use ^f pl-t R^ad Path which had been ns interested d^ n^t reach at an holders. If the pers^ able settlement 4thin a r eas"nable time, the c^mpenaini* sati^n will be sent t^ the Addl.District Judge, Delhi. 8112,16920, ^n 411 be paid ace-rding t^ the C^mpensati 3. latest entries in the revenue rec^rdA LSD REVNUE " be it. 1-.52 Ps The land revenue is rep ^rted t i(ha)-sa Rent R^11 .-f the It ;,,^i11 be deducted fr^m the ^f taking -ver p^ssessi-n -f the land Village fr^m the date under acqui 5iti^n. The award is summarised 1• measuring L^ Mr 5333-0 7 2^ehast ^ Bisas land 2 Bi a s unde r: its. 12,532 -55 per b iaha kham• Rs . 88-00 2. C-mpensati^ n f^r trees Its. 1,893-08 3. 15 % s^latium 4. Interest U/ s 4(3) fr ^m 13-11-62 t^ 14-11-77 ( 15 years 1 day) it. 11, 281-35 Grand T^tal:- Its. 25 $ 794-9 8 (Rupees Twenty Five Th^usand 'even Hurdred Minty F-ur an3 Paise Ninty EL g ht -n1v) 1 (3.3. T) LAND ACQUI 3ITI' C(LLECTeR(P) DEL.tiI • 1 MON&MOZ E C,ai G 6,71- -jfQ 3 /SKr `r' l C I i) 1-41 , N'-r :,tII c- 't I C-A y2
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