AWARD No. 1815 / (supplementary`. ) Nume, of the

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)
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