Jagbir Singh vs. Uoi & Anr

Case Type: N/A

Date of Judgment: 26-09-2025

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Full Judgment Text


$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment Pronounced on : 26.09.2025
+ LA.APP. 59/2007 & CM APPL. 13373/2016
BED RAM .....Appellant
Through: Mr. Dhruv Mehta, Sr. Adv. with Mr.
Bhagwat Pd. Gupta, Mr. Rajesh Gupta
and Mr. Ganga Ram Upadhyay,
Advocates.
versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb
Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.
+ LA.APP. 372/2007
BHOPAL SINGH .....Appellant
Through: Mr. Dhruv Mehta, Sr. Adv. with Mr.
Bhagwat Pd. Gupta, Mr. Rajesh Gupta
and Mr. Ganga Ram Upadhyay,
Advocates.
versus
UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 1 of 171

Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.
+ LA.APP. 40/2007
DHARAM VEER .....Appellant
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb
Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishanv
Kumar, Advocates for DDA.
Ms. Shobhana Takiar, Standing
Counsel with Mr. Prateek Dhir, Mr.
Kuljeet Singh and Mr. Shivam Takiar,
Advocates for DDA.

+ LA.APP. 42/2007
SRI RAM & ANR. .....Appellants
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 2 of 171

Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Kartik Jindal, Ms. Palak Gupta,
Ms. Supriya Udey, Advocates for
DDA.

+ LA.APP. 43/2007
BED RAM .....Appellant
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb
Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.
Ms. Shobhana Takiar, Standing
Counsel with Mr. Kuljeet Singh, Adv.

+ LA.APP. 44/2007
ATTAR SINGH .....Appellant
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 3 of 171

Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.
Ms. Kamna Singh, Panel Counsel for
DDA.

+ LA.APP. 58/2007
DULI CHAND .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb
Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishanv
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 4 of 171

Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 1143/2008
UOI & ANR. .....Appellants
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb
Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Kunal Sharma, Mr. Vaishanv
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

versus

BHOHTI DECEASED THR.LR'S .....Respondent
Through: Mr. Inder Singh, Adv. for
Claimants/Land owners.
Ms. Kamna Singh, Advocate for DDA.

+ LA.APP. 911/2010
KEHAR SINGH .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 5 of 171

Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 338/2015, CM APPL. 2671/2016 & 41910/2016
FAKIR CHAND (DECEASED) THR LRS & ORS .....Appellants
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. S.A. Khan, Advocate for R-2.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 339/2015 & CM APPL. 11804/2015
HUKUM SINGH SINCE DECEASED THR LRS & ORS
.....Appellants
Through: Mr. R.B. Singh, Mr. Shivansh, Mr.
Rajan Sharma, Mr. Deepak Gola, Mr.
Krishna Kant, Advocates.

versus

UNION OF INDIA & ANR .....Respondents


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 6 of 171

Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kartik Jindal, Ms. Palak Gupta,
Ms. Supriya Udey, Advocates for
DDA.

+ LA.APP. 144/2019
PRAKASH & ORS .....Appellants
Through: Mr. Dhruv Anand, Mr. Dhananjay
Khanna, Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Kritika Gupta, Advocate for
DDA.

+ LA.APP. 230/2022
SALEK RAM (DECEASED) THR LRS & ORS. .....Appellants
Through: Appearance not given.

versus

UNION OF INDIA & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Anuj Chaturvedi, Ms. Harshita
Maheshwari, Advocates for DDA.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 7 of 171

+ LA.APP. 366/2022, CM APPL. 52464-65/2022
SITA RAM (DECEASED) THR. LR CHAVAN & ANR.
.....Appellants
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.

versus

UNION OF INDIA & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.
Mr. Akhil Mittal, ASC with Ms.
Navita Gupta, Mr. Sidhant Garg,
Advs. for DDA.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 61/2007
KESAR SINGH & ORS. .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 8 of 171

Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 62/2007
GANGA RAM & ANR .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 63/2007
SATTO DEVI & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 9 of 171

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Mr. Sunil Kumar Jha,
Mr. M.S. Akhtar, Mr. Mayank Madhu
and Mr. Sami Sameer Siddiqui,
Advocates for UOI.
Ms. Manisha Agrawal Narain, CGSC
with Mr. Shivam Sharma, Mr.
Abhishek Kumar, Advocates
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 64/2007
ANGOORI DEVI (D) THRU. L.R. .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Anuj Chaturvedi, Ms. Harshita
Maheshwari, Advocates for DDA.

+ LA.APP. 65/2007
RAJ PAL .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 10 of 171

Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 66/2007
KAILASH SHARMA & ANR .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 11 of 171

Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 73/2007
TEK CHAND .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 87/2007, CM APPL. 808-09/2019
PRITAM SINGH & ORS. .....Appellants
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UOI & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 12 of 171

Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Ms. Meghna, Advocate for DDA.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 412/2007
GIRIRAJ & ORS. .....Appellants
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 89/2007
BALBIR SINGH .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 13 of 171

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Pratap Singh Ahluwalia, Advocate
for DDA.
Mr. M.K. Singh, Advocate for DDA.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 1234/2008
HANS RAJ DECD. THR . LR'S .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UOI &ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 14 of 171

+ LA.APP. 1235/2008, CM APPL. 6801/2017 & 16070/2024
SURYA PRAKASH & ORS. .....Appellants
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 130/2009
SHRI BHIK RAM .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UNION OF INDIA & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 15 of 171

Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 607/2009
NEKI RAM .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UOI .....Respondent
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Sapna Chauhan, Advocate for
DDA

+ LA.APP. 91/2007
BHIM SINGH DECD. THR.LR'S & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 16 of 171

Mr. Kartik Jindal, Ms. Palak Gupta,
Ms. Supriya Udey, Advocates for
DDA.

+ LA.APP. 293/2007
JAGBIR SINGH .....Appellant
Through: Mr. Anuroop, Mr. Gaurav Bidhuri,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. M.K. Singh, Advocate for DDA.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 72/2016 & CM APPL. 11271/2016
RAGHUBAR DAYAL @ RAGHUBER SINGH @ RAGHBAR
SINGH & ORS .....Appellants
Through: Mr. Y.R. Sharma and Ms. Akshita
Sharma, Advocates for LRs of
Appellant No.2

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 17 of 171

and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.


+ LA.APP. 335/2008
MUNSHI DECEASED THROUGH L.R'S & ORS .....Appellants
Through: Mr. Anuroop, Mr. Gaurav Bidhuri,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kartik Jindal, Ms. Palak Gupta,
Ms. Supriya Udey, Advocates for
DDA.

+ LA.APP. 500/2008
BHARAT SINGH & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 18 of 171

+ LA.APP. 501/2008
ZILE SINGH (DECEASED) THROUGH L.R'S .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 508/2008
JAGWATI .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 509/2008
BIR SINGH .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 19 of 171

Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 564/2008
AMAN SINGH .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 565/2008
SHASHI VERMA .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 20 of 171

Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 609/2008 & CM APPL. 917/2016
NIMANT RANA & ORS. .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 21 of 171

Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 631/2008
DINESH KUMAR & ORS. .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Amit Dhalla and Mr. Sohan Singh
Rawat, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.
Mr. Ashok Gurnani, Mr. Manish Kr.
Sharma and Mr. Abhishek Singh,
Advocates for R-2 to 8.

+ LA.APP. 737/2008
INDER SINGH .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 22 of 171

Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

U.O.I & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.
Ms. Sapna Chauhan, Adv. for DDA

+ LA.APP. 739/2008
RAMESH BASISTHA .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

U.O.I & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 748/2008, CM APPL. 945/2011, 2181/2011 & 52896/2018
DAL CHAND & ORS .....Appellants
Through: Appearance not given.

versus


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 23 of 171

U.O.I & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 816/2008, CM APPL. 12931/2017, 12932/2017,
12933/2017, 36662/2017 & REVIEW PET. 132/2017
KISHAN SAHAI THRU L.R'S .....Appellant
Through: Mr. D.S. Chauhan, Mr. Pradeep
Tokas, Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 817/2008
JAGBIR & ORS .....Appellants
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 24 of 171

versus

UOI & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 876/2008
RISHAL SINGH DECD. THR. LR'S .....Appellant
Through: Mr. D.S. Chauhan, Mr. Pradeep
Tokas, Advocates.

versus

UOI & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 966/2008
RAJ KUMAR .....Appellant
Through: Appearance not given.

versus



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 25 of 171

UOI & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 992/2008
AJEET SINGH .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 994/2008, CM APPL. 12577-79/2017, 36659/2017 &
REVIEW PET. 128/2017
HARI SINGH .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 26 of 171

Through: Mr. D.S. Chauhan, Mr. Pradeep
Tokas, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 995/2008
PREM SINGH .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 27 of 171

Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 996/2008
RAJENDER PRASHAD & ORS. .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb
Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.


+ LA.APP. 1038/2008, CM APPL. 11903-04/2015
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. Mohd. Sueb
Akhtar, Mr. Divakar Kapil, Advocates
for UOI.
versus

KHAZAN SINGH &ORS. .....Respondents
Through: Mr. Inder Singh, Adv. for
Claimants/Land owners



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 28 of 171

+ LA.APP. 1040/2008
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
versus

CHAMPA DEVI DECD. THR.LR'S .....Respondent
Through: Mr. Inder Singh, Adv. for
Claimants/Land owners

+ LA.APP. 1042/2008
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.

versus

RICHA RAM & ORS. .....Respondents
Through: Mr. Inder Singh, Adv. for
Claimants/Land owners

+ LA.APP. 1043/2008
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.

versus

PHOOL SINGH & ORS. .....Respondents


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 29 of 171

Through: Mr. Inder Singh, Adv. for
Claimants/Land owners

+ LA.APP. 1136/2008
JASWANT SINGH RANA (DECEASED) THR. LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 1141/2008
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.

versus

MANSA RAM DECD. THR. LR'S & ORS. .....Respondents
Through: Mr. Inder Singh, Adv. for
Claimants/Land owners



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 30 of 171

+ LA.APP. 1142/2008, CM APPL. 42668-69/2023
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Ashutosh Kaushik, Mr. Aakash
Mohar, Advocates for DDA
Mr. Rahul Chaudhary, Adv. for
Claimant
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.
Ms. Manika Tripathy, SC with Mr.
Gautam Yadav, Mr. Sanjay Singh
Rathore, Advocates

versus

KISHORI @ BHOLA DECD. THR.LR'S & ORS. .....Respondents
Through: Mr. Rahul Chaudhary, Advocate.
Mr. Inder Singh, Adv. for
Claimants/Land owners

+ LA.APP. 1144/2008
UOI & ANR. .....Appellants
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 31 of 171

Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

versus

NATHU & ORS. .....Respondents
Through: Mr. Rahul Chaudhary, Advocate.
Mr. Inder Singh, Adv. for
Claimants/Land owners


+ LA.APP. 1145/2008
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.

versus

BALBIR & ORS. .....Respondents
Through: Mr. Rahul Chaudhary, Advocate.
Mr. Inder Singh, Adv. for
Claimants/Land owners

+ LA.APP. 1146/2008, CM APPL. 11470-71/2015
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.

versus

HARI KISHAN DECD. THR.LR'S & ORS. .....Respondents
Through: Mr. Neeraj Kumar, Advocate for DDA
Mr. Rahul Chaudhary, Advocate.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 32 of 171

Mr. Inder Singh, Adv. for
Claimants/Land owners

+ LA.APP. 1147/2008
UOI & ANR. .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

versus

SOHAN THR.HIS LR'S .....Respondent
Through: Mr. Rahul Chaudhary, Advocate.
Mr. Inder Singh, Adv. for
Claimants/Land owners

+ LA.APP. 1148/2008
UOI .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.

versus

KHAZAN SINGH DECD. THR. LR'S .....Respondent
Through: Mr. Rahul Chaudhary, Advocate.
Mr. Inder Singh, Adv. for
Claimants/Land owners


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 33 of 171

+ LA.APP. 1204/2008
DEVENDER KUMAR TRIGUNA .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 1238/2008
CHINTA .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UOI & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 34 of 171

Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 89/2009
OM PRAKASH (SINCE DECEASED) THROUGH LRS
.....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UOI & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Anuj Chaturvedi, Ms. Harshita
Maheshwari and Mr. Mohit Sharma,
Advocates.
Ms. Sapna Chauhan, Adv. for DDA

+ LA.APP. 528/2009
SHER SINGH (DECEASED) THR. LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UOI & ANR .....Respondents


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 35 of 171

Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 550/2009
GUNI RAM DECD THR LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Neeraj Kumar, Advocate for DD

+ LA.APP. 551/2009
RANJIT KUMAR TRIGUNA .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 36 of 171

Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 552/2009
JAGDIP KUMAR TRIGUNA .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 553/2009
BAHADUR DECD THR LRS .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 37 of 171

Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Ms. Kamna Singh, Advocate for DDA.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 556/2009
ATTAR SINGH DECD THR LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 38 of 171

Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 559/2009 & CM APPL. 41913/2019
PEHLAD .....Appellant
Through: Mr. R.B. Singh, Mr. Deepak Gola and
Mr. Shivam Wadhwa, Advocates.
Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 560/2009 & CM APPL. 14064/2015
AJIT SINGH .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UNION OF INDIA & ORS .....Respondents


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 39 of 171

Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 576/2009 & CM APPL. 14065/2015
NARENDER KUMAR TRIGUNA .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 580/2009, CM APPL. 14066/2015
KESAR SINGH & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 40 of 171

and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 595/2009 & CM APPL. 14010/2015
PREM RAJ & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 618/2009, CM APPL. 11472-73/2015
BADLEY .....Appellant
Through: Mr. Inder Singh, Adv. for
Claimants/Land owners

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 41 of 171

Mr. Gaganmeet Singh Sachdeva, Mr.
Harpreeet Singh Chadha, Advocates
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 647/2009, CM APPL. 8877-79/2025
MEHAR CHAND & ORS .....Appellants
Through: Mr. Anuroop, Mr. Gaurav Bidhuri,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kartik Jindal, Ms. Palak Gupta,
Ms. Supriya Udey, Advocates for
DDA.

+ LA.APP. 650/2009
PREM RAJ & ORS .....Appellants
Through: Mr. Anuroop, Mr. Gaurav Bidhuri,
Advocates.

versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 42 of 171

and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Kartik Jindal, Ms. Palak Gupta,
Ms. Supriya Udey, Advocates for
DDA.

+ LA.APP. 101/2010, CM APPL. 14013/2015
RATTO DEVI DECD THR LRS & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 253/2010 & CM APPL. 14060/2015
RAM PAT .....Appellant
Through: Mr. S.K. Rout, Ms. Parmita Nath, Ms.
Alka Singh, Mr. Naveen K.,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 43 of 171

+ LA.APP. 263/2010 & CM APPL. 14068/2015
RAMESH & ANR .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 264/2010 & CM APPL. 14069/2015
HARI SINGH DECD THR LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara and Mr. Aman
Sinha, Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 311/2010, CM APPL. 14014/2015 & 6488/2017
MAMRAJ & ORS .....Appellants


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 44 of 171

Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 314/2010
LAKHMI CHAND & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Gagandeep Sachdeva, Mr.
Harshpreet Singh Chadha & Mr.
Hardesh Khanna, Advs. for DDA.

+ LA.APP. 315/2010 & CM APPL. 14063/2015
JAGGAN & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 45 of 171

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 316/2010 & CM APPL. 14062/2015
RAMESH DECD THR LRS & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 380/2010
KESAR SINGH & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Prashant Katara, Mr. Aman Sinha,
Advocates.

versus

UOI .....Respondent


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 46 of 171

Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.

+ LA.APP. 454/2010, CM APPL. 14079/2015 & 21034/2019
DAYA KISHAN DECD THR LRS & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA.

+ LA.APP. 677/2010, CM APPL. 12572-74/2017, 36669/2017 &
REVIEW PET. 127/2017
OM PRAKASH & ANR .....Appellants
Through: Mr. D.S. Chauhan, Mr. Pradeep
Tokas, Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Anuj Chaturvedi, Ms. Harshita
Maheshwari, Advocates for DDA.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 47 of 171

+ LA.APP. 678/2010 & CM APPL. 14058/2015
SHRI CHANDERMAN @ CHANDER SINGH .....Appellant
Through: Appearance not given.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 679/2010, CM APPL. 12927-29/2017, 36664/2017 &
REVIEW PET. 131/2017
RAM SINGH DECD THR LRS & ORS .....Appellants
Through: Mr. D.S. Chauhan, Mr. Pradeep
Tokas, Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Roshan Lal and Mr. Bhuvan Goel,
Advocates for DDA.

+ LA.APP. 682/2010 & CM APPL. 14067/2015
MOOL CHAND DECD THR LRS .....Appellant
Through: Appearance not given.

versus



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 48 of 171

UNION OF INDIA .....Respondent
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 683/2010
YASH PAL & ORS .....Appellants
Through: Mr. D.S. Chauhan, Mr. Pradeep
Tokas, Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Ms. Nain Singh, Advocates
for DDA

+ LA.APP. 699/2010
NAIN SINGH THR LRS .....Appellant
Through: Appearance not given.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 49 of 171

Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Manika Tripathy, Standing
Counsel with Mr. Prabhav Ralli, Mr.
Devvrat Arya, Ms. Deeya Mittal,
Advocates for DDA

+ LA.APP. 765/2010 & CM APPL. 14073/2015
DAL CHAND & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 827/2010 & CM APPL. 14012/2015
BHOOP SINGH DECD THRU LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 50 of 171

Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 1070/2010, CM APPL. 14080/2015, 37746-47/2022
RAM KISHAN DECD THRU LRS & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 15/2011 & CM APPL. 14081/2015
MUSSADI DECD THR LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 29/2011
DAL CHAND & ANR .....Appellants


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 51 of 171

Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA .....Respondent
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 39/2011
UMA DHOWAN & ORS .....Appellants
Through: Mr. Inder Singh, Adv. for
Claimants/Land owners

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Tushar Sannu, Panel Counsel with
Mr. Sourav Verma, Advocate for
DDA.

+ LA.APP. 54/2011
KARAN SINGH .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 52 of 171

Through: Mr. Brijesh Chaudhary, Mr. Prins
Kumar, Advocates

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. M.K. Singh, Advocate for DDA.

+ LA.APP. 140/2011, CM APPL. 14071/2015, 15510-11/2025
RANJEET SINGH DECD THR LRS .....Appellant
Through: Mr. S.K. Rout, Ms. Parmita Nath, Ms.
Alka Singh, Mr. Naveen K.,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 155/2011 & CM APPL. 14070/2015
JASPAL SINGH (DEC) THRU.LRS .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 53 of 171

Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA


+ LA.APP. 156/2011 & CM APPL. 14011/2015
BED RAM .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Shobhana Takiar, Standing
Counsel with Mr. Kuljeet Singh,
Advocate.

+ LA.APP. 251/2011 & CM APPL. 14015/2015
HARI CHAND .....Appellant
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 54 of 171

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 708/2011 & CM APPL. 3077/2017
LEKH RAM .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 716/2011
GOPAL SINGH & ORS .....Appellants


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 55 of 171

Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 5/2012, CM APPL. 33879-80/2024
SURJAN & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 56 of 171

+ LA.APP. 6/2012
GIAN CHAND DECD THR LRS & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Ms. Nidhi Raman, Advocate for R-
2/DDA.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Nidhi Raman CGSC with Mr.
Arnav Mittal, Advocates for UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA

+ LA.APP. 10/2012 & CM APPL. 44574/2022
ANANT RAM & ANR .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 57 of 171

and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Kritika Gupta, Advocate for
DDA.

+ LA.APP. 13/2012
BUDHAN DECD THRU LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 37/2012 & CM APPL. 14072/2015
DAROGA DECD THR LRS & ORS .....Appellants
Through: Mr. N.S. Chechi, Mr. Vaibhal Chechi
and Ms. Rekha Chauhan, Advocates.

versus

UNION OF INDIA & ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 58 of 171

Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 218/2012
NET RAM THROUGH LRS AND ANR .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI AND ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 223/2012
HARI SINGH THROUGH LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI AND ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 59 of 171

Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
Mr. Tarunvir Singh Khehar and Ms.
Guneet B. Khehar, Advocates for
DDA.

+ LA.APP. 49/2013, CM APPL. 5014-15/2019
SAMARTA LRS AND ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
versus

UOI AND ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 51/2013 & CM APPL. 14061/2015
NET RAM .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI AND ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 60 of 171

and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Mrinalini Sen, Ms. Lucy
Lalrentlaungi, Advocates for DDA

+ LA.APP. 85/2015 & CM APPL. 2272/2015
LAKHMI CHAND & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 86/2015, CM APPL. 2282/2015 & 19952/2023
JUGAL KISHORE & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Gaurav Kakar and Mr. Lakshay
Raheja, Advocates for LR of
Appellant No.1.

versus

UNION OF INDIA & ANR .....Respondents


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 61 of 171

Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 390/2015
VIRENDER SINGH (SINCE MISSING) THR LRS & ORS
.....Appellants
Through: Mr. R.B. Singh, Mr. Deepak Gola and
Mr. Rajan Sharma, Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Latika Malhotra, Mr. Govind
Kumar, Mr. Apurv Kumar, Ms.
Anamika, Advocates for DDA.

+ LA.APP. 423/2015
HARI KISHAN (DECEASED) THR LEGAL HEIRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 62 of 171

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
+ LA.APP. 426/2015
NATHU (DECEASED) THR LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Latika Malhotra, Advocate for
DDA

+ LA.APP. 445/2015
NATHU (DECEASED) THR LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 63 of 171

Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 14/2016 & CM APPL. 354/2016
NAIN SINGH (DECEASED) THR HIS LRS .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UNION OF INDIA .....Respondent
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 18/2016
MAHIPAL (DECEASED) THR LRS .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.



Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 64 of 171

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 19/2016
CHHATTAR SINGH .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Latika Malhotra, Advocate for
DDA.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.

+ LA.APP. 173/2016 & CM APPL. 9203/2020
RAM SAROOP THROUGH LRS .....Appellant


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 65 of 171

Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UOI AND ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA


+ LA.APP. 196/2016, CM APPL. 37755/2018 & 28909/2024
BUDH RAM @ BUDH SINGH (DECEASED) THR LRS & ORS
.....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
Mr. Ravi Dutt Sharma, Mr. Rajat
Sharma, Ms. Ruchika Sharma and Mr.
Chetan Sharma, Advocates for LR III
(a & c)
versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 66 of 171

Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 292/2016 & CM APPL. 37754/2018
HARI KISHAN SHARMA & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Neeraj Kumar, Advocate for
DDA.

+ LA.APP. 11/2017 & CM APPL. 942/2017
SHASHI KUMAR .....Appellant
Through: Mr. R.B. Singh, Mr. Rajan Sharma Mr.
Deepak Gola and Mr. Shivansh,
Advocates.
versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 67 of 171

with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 256/2017
POOJA .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Ms. Latika Malhotra, Advocate for
DDA

+ LA.APP. 287/2017 & CM APPL. 31509/2017
MEHAR CHAND & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 68 of 171

Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 131/2018
UNION OF INDIA .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
versus

MANMCHAND (DEC) THR LRS & ORS .....Respondents
Through: Appearance not given.

+ LA.APP. 204/2018
OM PARKASH (DECEASED) THR LRS .....Appellant
Through: Mr. Anuroop, Mr. Gaurav Bidhuri,
Advocates.

versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Gaurav Dua and Mr. Govil
Upadhyay, Advocates for DDA.

+ LA.APP. 209/2018
VIRENDER & ANR .....Appellants
Through: Appearance not given.
versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,


Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:05.10.2025
11:29:12
LA.APP. 59/2007 & connected Page 69 of 171

Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA

+ LA.APP. 245/2018, CM APPL. 54192-94/2018
UNION OF INDIA .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.
Mr. Tushar Gupta, Mr. Parinay Gupta,
Advocates for DDA
Mr. Kunal Sharma, Mr. Vaishnav
Kumar, Advocates for DDA
versus

BUDH RAM @ BUDH SINGH (DEC) THR LRS & ORS
.....Respondents
Through: Mr. Tushar Gupta and Mr. Parinay
Gupta, Advocates for DDA.

+ LA.APP. 246/2018, CM APPL. 54324-26/2018
UNION OF INDIA .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.


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versus

HAR KISHAN (DEC) THR LRS & ORS .....Respondents
Through: Mr. Neeraj Kumar, Advocate for
DDA.

+ LA.APP. 247/2018, CM APPL. 54360-62/2018
UNION OF INDIA .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.
Mr. Roshan Lal Goel and Ms. Anju
Gupta, Advocates for R-2.

versus

RAM SAROOP (DEC) THR LRS & ORS .....Respondents
Through: Mr. Roshan Lal Goel and Ms. Anju
Gupta, Advocates for DDA.
Mr. Roshan Lal Goel, Mr. Bhuvan
Goel, Advocates for DDA.

+ LA.APP. 4/2019, CM APPL. 1666-68/2019
UNION OF INDIA .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.

versus



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RAGHUBAR DAYAL @ RAGHBAR SINGH & ORS...Respondents
Through: Ms. Kamna Singh, Advocate for DDA.

+ LA.APP. 49/2019, CM APPL. 16601/2019, CM APPL.16603-
04/2019
UNION OF INDIA .....Appellant
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Siddharth Panda, Mr. Ritank and
Mr. Anil Pandey, Advocates for UOI.

versus

HANSO (DECEASED) THR LRS & ANR .....Respondents
Through: Mr. Sanjay Kumar Poddar, Sr. Adv.
with Ms. Mrinalni Sen, SC with Ms.
Shivangi Bhasin and Ms. Gauri
Shyam, Advs. for DDA
Ms. Prity Sharma, Advocate for DDA.

+ LA.APP. 130/2019, CM APPL. 38327-28/2024
DAL CHAND SHARMA & ORS .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.

versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel


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with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Tarunvir Singh Khehar and Ms.
Guneet B. Khehar, Advocates for
DDA.
Mr. Neeraj Kumar and Mr. Kartik
Garg, Advocates.

+ LA.APP. 137/2019 & CM APPL. 38884/2019
BHOOP SINGH (DECEASED) THR LRS .....Appellant
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
versus

UNION OF INDIA & ANR .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Sanjay Poddar, Sr. Advocate with
Ms. Mrinalini Sen, Standing Counsel
with Ms. Shivangi Bhasin, Advocate
for DDA
Mr. Tarunvir Singh Khehar and Ms.
Guneet B. Khehar, Advocates for
DDA.

+ LA.APP. 298/2022
JAI BHAGWAN DECEASED THROUGH HIS LEGAL HEIRS
AND ORS. .....Appellants
Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh
Gupta and Mr. Ganga Ram Upadhyay,
Advocates.
versus

UNION OF INDIA AND ANR. .....Respondents


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Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Ms. K.K. Kiran Pathak,
Mr. Sunil Kumar Jha, Mr. M.S. Akhtar
and Mr. Divakar Kapil, Advocates for
UOI.
Mr. Anuj Chaturvedi, Ms. Harshita
Maheshwari, Advocates for DDA.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
JUDGMENT
TARA VITASTA GANJU, J.:
TABLE OF CONTENTS
PREFACE…………………………………………………………………75
BRIEF FACTS………………………………………..……..…………....75
THE HISTORY OF ASSESSMENT……………………………………78
CONTENTIONS OF APPELLANT…………………………………….85
CONTENTIONS OF RESPONDENT NO.2/DDA……………………..92
CONTENTIONS OF RESPONDENT NO.1/UOI……………………...99
REJOINDER BY APPELLANT ………………………………………100
SUR-REJOINDER………………………………………………………103
THE IMPUGNED JUDGMENT.............................................................103
ANALYSIS & FINDINGS………………………...................................108
The Appeals…..…………………………….........................................109
Village Khizrabad ………………………............................................110
Village Kilokari ….…..…………………….........................................111
Village Nangli Razapur…………………............................................114
Village Garhi Mendu……………………............................................117
The Award…………………………………………………………….119
The Reference Court Judgments…………………………………….120
The Additional Evidence..…………………........................................122
The Statute…………………………………………………………….134
Compensation awarded in Village Behlolpur Khadar &
Jasola..………………………………………........................................138
Proximity to developed colonies, agricultural activities &
potentiality…………………………………………………………….145
The Location Plan………..…………………………………………...152
The Exemplar…………………………………………………………160
CONCLUSION………….………………………....................................170


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PREFACE
Since the issues raised in the above captioned appeals are the same, the above
Appeals are being disposed of by this common judgment. The present
Appeals were heard together with LA.APP. 59/2007 captioned Bed Ram v.
UOI & Anr. being argued as the lead matter with the consent of the parties.
For the sake of brevity, the facts are being recorded from the lead matter
captioned.
BRIEF FACTS
1. The present Appeal has been filed under Section 54 of the Land
Acquisition Act, 1894 [hereinafter referred to as “LA Act”] against the
judgment and decree dated 18.10.2006 passed by the Court of Learned ADJ,
Tis Hazari Court, Delhi in LAC No. 1 of 2003 captioned Bed Ram v. UOI &
Anr. [hereinafter referred to as “Impugned Judgment”].
2. By the Impugned Judgment the learned Reference Court enhanced the
market value of the acquired land from Rs.27,344/- per Bigha, which was
awarded by the Land Acquisition Collector [hereinafter referred to as "LAC"]
to Rs.89,600/- per Bigha for the acquired land. The learned Reference Court
also granted 30% solatium on the value of the land. In addition, it was directed
that the Appellant is entitled to 12% interest on the market value of the land
and enhanced compensation at rate under Section 28 of the LA Act at the rate
of 9% per annum from the date of notification till the date of award or date of
dispossession, [whichever is earlier], till the expiry of one year and thereafter
@15% per annum.
3. Land was acquired for land development of Delhi in relation to the
channelisation of the river Yamuna, by a notification under Section 4 of the


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LA Act was issued on 23.06.1989 [hereinafter referred to as the “23.06.1989
Notification”]. The notification sets out in detail that for acquisition of land
admeasuring about 3500 hectares of land starting from a point 1 km upstream,
Wazirabad Barrage road along eastern Yamuna marginal bund till it meets the
boundary of Union Territory upto point it meets newly constructed NOIDA
Bridge then along the Northern Boundary of the Bridge upto Agra Canal then
along the eastern boundary of Agra canal upto Okhla head-works and along
the Eastern Boundary of regularised unauthorised colonies of Batla House
Joga Bai, Village Zakir Nagar, Hinrerbad village and then along the eastern
boundary of Women Polytechnic, Central Road Research Institute, Kalindi
Colony till it meets Ring Road the Eastern Boundary of Ring road till meets
Indraprastha Power House then along the Eastern Boundary of Power House
and then along the bund upto the point it meets old Railway bridge and then
along the road joining Ring Road crossing near Poakey Bridge then along the
Ring Road upto 1 km upstream Wazirabad Water Works along the bund upto
1 km then along the imaginary line running parallel to Wazirabad Barrage on
the Northern side upto starting point excepting the following land:-
(a) Government land;
(b) Land already notified under Section 4 or under Section 6 of the Land
Acquisition Act, 1894 is likely to be acquired under the provisions of
the said Act for the purpose above stated.
3.1 Award No. 14/1992-1993 was passed for acquisition of the land
admeasuring 2226 Bighas and 5 Biswas situated in village Kilokari. Award
No. 18/1992-93 was passed for acquisition of land admeasuring 874 Bighas
and 4 Biswas in village Khizrabad. Award No. 16/1992-93 was passed for
acquisition of land admeasuring 2009 Bighas and 10 Biswas in village Nangli


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Razapur and Award No. 13/1992-93 was passed for acquisition of land
admeasuring 1563 Bighas and 18 Biswas in village Garhi Mendu [hereinafter
collectively referred to as “acquired land”] as set out in the Table below:
Award No. Village Area Area of land acquisitioned by the Award
Award No. 13/1992-93 Garhi Mendu 1563 Bighas 18 Biswas
Award No. 14/1992-93 Kilokari 2226 Bighas and 5 Biswas
Award No. 16/1992-93 Nangli
Razapur
2009 Bighas and 10 Biswas
Award No. 18/1992-93 Khizrabad 874 Bighas and 4 Biswas
4. Pursuant thereto, the notifications under Section 6 and Section 17 of
the LA Act were issued on 22.06.1990 in respect of the acquired land
including at villages Madanpur Khadar, Kilokari, Behlolpur Khadar, Chuck
Chilla, Okhla, Jogabai, Nangli Razapur, Khizrabad, Jasola and on 20.06.1990
in respect of village Garhi Mendu. The possession of the acquired land was
taken in the year 1995.
5. The Award No.14/1992-93 was passed by the Land Acquisition
Collector on 19.06.1992, for land admeasuring 2226 Bighas and 5 Biswa in
village Kilokari whereby compensation or market value of the land was
ascertained at Rs.27,344/-per Bigha was awarded to the Appellant for the
acquired land [hereinafter referred to as “Kilokari Award”]. The LAC took
into consideration sale deeds of the land executed during the years 1985-89
and took out the average value thereof at Rs. 18,736/-. In addition, it took into
account an office order no. F.9(20)/80-L&B/4313-16 dated 03.05.1990
[hereinafter referred to as “Office Order of 1990”] which came into force from
27.04.1990 and after working out a pro-rata discount, it valued the acquired


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land at Rs. 27,334/- per Bigha for the land at village Kilokari.
6. The LAC similarly assessed the value of the land for the villages
Khizrabad, Nangli Razapur and Garhi Mendu and passed three separate
awards assessing the market value of the land of these villages at a uniform
rate of Rs. 27,334/- per Bigha. The reason as assigned by the LAC for the
uniform rate was that the purpose of acquisition of all land was the same and
all villages were adjacent and contiguous to each other. The village wise
details of the four awards are set out below:
Award No. Name of Village Kind of Land
14/1992-93 Kilokari Sailabi
18/1992-93 Khizrabad Khadar
16/1992-93 Nangli Razapur Khadar
13/1992-93 Garhi Mendu Flooded land
7. Subsequently, by virtue of a notification under Section 48(1) of the LA
Act dated 25.01.1995, lands admeasuring 1430 Bighas and 10 Biswas in
village Kilokari, Behlolpur Khadar, Nangli Razapur and Chuck-Chilla stood
de-notified by the LAC. The reasons as set out by the LAC in its order dated
05.11.2004 for de-notification, was that the lands admeasuring 1430 Bighas
and 10 Biswas were submerged or prone to be submerged, and hence were
de-notified.
THE HISTORY OF ASSESSMENT
8. In the meantime, being dissatisfied with the low assessment of the
market value of the land by the LAC, a reference was filed under Section 18
of the LA Act before the learned Reference Court on 13.07.1992 to submit


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that the present market value of the acquired land is about Rs.10,000/- per
square yard and the acquired land does not form part of riverbed and that large
portion of land of village, Kilokari was acquired in the year 1959 wherein the
LAC assessed the market value of the land at Rs 26,000/- per Bigha at that
time. It was contended that LAC assessed the market value of acquired land,
without taking into account the prices of land and their enhanced value during
the period of 30 years between 1959 and 1989, and without considering the
prevailing market rate of the area.
9. The Reference Petitions were filed in relation to villages at Kilokari,
Nangli Razapur, Khizrabad and Garhi Mendu before the learned Reference
Court. The learned Reference Court in terms of the judgment passed in LAC
No. 18 of 2005 titled ‘ Attar Singh v UOI ’ [hereinafter referred to as “ Attar
Singh case”] pertaining to village Khizrabad, allowed the Reference Petitions
by an order dated 25.09.2006. The learned Reference Court relying upon the
1
judgment of Tindey & Ors v UOI & Anr. [hereinafter referred to as “ Tindey
case”] , increased the compensation awarded to Rs.89,600/- per Bigha.
9.1 Similarly, the Reference Petitions filed in relation to land in the revenue
estate of village Kilokari were decided. The lead matter for the village
Kilokari is LAC No. 1/2003 titled ‘Bed Ram v. UOI & Anr.’ [hereinafter
referred to as “ Bed Ram Reference Court case”] whereby the compensation
was increased by the learned Reference Court to Rs. 89,600/- per Bigha by a
judgment dated 19.06.1992 based on the judgment in the Attar Singh case
and the Tindey case.

1
1999 SCC OnLine Del 1070


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9.2 In respect of Petitions filed for the land acquired at village Nangli
Razapur, the learned Reference Court in LAC No. 2/1998 titled ‘Bhopal
Singh v. Union of India & Anr.’ by a judgment dated 29.08.2007 [hereinafter
referred to as the “Nangli Razapur Reference Court Judgment”], relied upon
the Attar Singh case and the Bed Ram Reference Court case to award
compensation of Rs. 89,600/- per Bigha.
9.3 So far as concerns the village Garhi Mendu, the learned Reference
Court by a judgment dated 26.07.2007 passed in LAC No. 96/1 of 2006 titled
Khazan Singh v. UOI [hereinafter referred to as “ Khazan Singh case”]
relying on the judgment of Smt. Chawli Devi (Deceased) through her LRs v.
UOI & DDA being LAC No. 334/1 of 2006 , similarly enhanced the market
value of the acquired land from Rs. 27,344/- per Bigha to Rs. 90,102/- per
Bigha.
10. As stated above, the learned Reference Court enhanced the market
value of the acquired land in all four villages – Kilokari, Nangli Razapur,
Khizrabad to Rs.89,600/- per Bigha and for Garhi Mendu Rs. 90,102/- per
Bigha. The other antecedent directions such as solatium and interest were also
awarded by the learned Reference Court. Aggrieved by this award, the
Appellants filed the present Appeals before this Court. By a judgment dated
07.06.2011, a Coordinate Bench of this Court decided a batch of Appeals,
including the present Appeal of which the LA APP. 59/2007 captioned Bed
Ram v. Union of India & Anr. was the lead matter to hold that the fair market
value of the land acquired in three villages of Kilokari, Khizrabad and Nangli
Razapur as set out by the learned Reference Court was correctly determined


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at Rs.89,600/- per Bigha. The Coordinate Bench thus dismissed the batch of
Appeals including the present Appeal.
10.1 By a separate order dated 07.06.2011 also, the Coordinate Bench of this
Court decided the batch of Appeals including LA. APP. 1038/2008 captioned
UOI. v. Khazan Singh & Ors. in respect of village Garhi Mendu, and revised
the compensation awarded by the learned Reference Court to Rs. 89,600/- per
Bigha as in the case of village Kilokari, Nangli Razapur and Khizrabad.
11. The order(s) dated 07.06.2011, as corrected by order dated 22.07.2011
passed by this Court, were challenged by the Appellant by filing a Special
Leave Petition before the Supreme Court being Civil Appeal No. 1939/2012
captioned Union of India v. Ram Lal & Ors. and connected matters
[hereinafter referred to as “SC Judgment”]. The Supreme Court by order dated
13.01.2015 passed two directions with respect to the matters in villages
Kilokari, Khizrabad Nangli Razapur and Garhi Mendu. In the first instance,
it was held that a Review Petition be filed before the High Court to permit the
Appellant to produce additional documents, maps and awards before Single
Judge within 30 days. The Court further held that if the Review Petition(s)
were filed within 30 days, the Single Judge would consider the same without
going into the question of limitation. The relevant extract of the SC judgment
is set out below:
“2. Briefly stated, the facts in the present appeals and petition are: the lis
pertains to the determination of fair market value of lands admeasuring 1536
Bigha 10 biswa in village Garhi Mendu , belonging to the
claimants/respondents herein. The said land was acquired under Section 11
of the Land Acquisition Act, 1894 (for short, "the Act"), by the
appellants/petitioner herein for the public purpose of planned development of
Delhi.
3. The said land, along with land in three other villages, namely Khirzahad
[sic: Khizrabad], Kilolari [sic: Kilokari] and Chak Chilla, was notified by


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the Government, vide Notification No. F. 9 (1)/89—L&B (i.) issued under
Section 4(1) of the Act, dated 23.06.1989 . The same was followed by
Notification No. F. 9 (I)/89-L&B/LA(ii) & (iii) issued under Sections 6 and
17 of the Act, dated 20.06.1990. In pursuance of the said Notifications,
notices under Sections 9 and 10 of the Act were issued to all interested
persons.
4. The Land Acquisition Collector (for short, “the LAC”), took into
consideration Order No. F-9(20)/80-L&B/4313-16, issued by the Delhi
Administration regarding fixation of minimum price of agricultural land by
the LAC, dated 03.05.1990. In light of the aforesaid policy of the State
administration the LAC vide Award No. 13/1992-93, determined the
compensation to be awarded at the rate of Rs.27,344/- per Bigha along with
statutory benefits, dated 19.06.1992.
5. Dissatisfied with the award of the LAC, the respondents herein sought for
a reference under Section 18 of the Act for adjudication of the fair market
value. It was argued by the claimants that the LAC did not consider, inter
alia, the potential value of the land, that the revenue estate of the village in
which the land was situate was surrounded by posh colonies developed by
the Delhi Development Authority and other private colonies, and that all
basic civic amenities were available to the land . The Reference Court, while
considering the contentions raised by the parties to the lis, took notice of the
award of the LAC with regard to land situate in villages Khizrabad, Kilokari
and Chak Chilla, dated 19,06.1992. By the said awards, the LAC had
awarded compensation at the rate of Rs.27,344/- per Bigha along with
statutory benefits, It was further noticed, by the Reference Court, that a
reference had been, sought against the said awards, and consequently,
taking into consideration the location, potentiality, nature, topography of
the said land, the compensation was enhanced to Rs.89,600/- per bigha .
xxx xxx xxx
2. In our considered opinion, these facts, as also the maps and relevant
documents, may be brought to the notice of the High Court by the
appellant(s)/petitioners herein by filing appropriate review petition(s)
before the High Court within thirty days’ time from today .
3. If such review petition(s) is/are filed within the time granted by this Court,
we request the learned Single Judge to consider the same in accordance with
law, but without going into the question of limitation .
4. Further, in the peculiar facts and circumstances of these cases, we permit
the appellant(s)/petitioners herein to produce the additional documents,
maps, awards, if any, which are in their possession, before the learned
Single Judge along with the said review petition(s) .
5. All contentions of the parties are kept open to be agitated before the learned
Single Judge.”
[Emphasis supplied]


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12. Subsequently, several Review Petitions in relation to the acquired land
were filed before this Court by the Appellants. By its order dated 13.03.2015,
a Coordinate Bench of this Court directed that the decision dated 07.06.2011
is withdrawn vis-à-vis the review petitioners and it was directed that the
present Appeals would be reconsidered by the roster bench after giving an
opportunity to the Appellant/Review Petitioners to place on record further
evidence. The relevant extract of the order dated 13.03.2015 is below:
“3. The review petitioners, are relying upon a large number of documents
which include a few judicial determinations in Land Acquisition References
made.
4. In ethos with the order passed by the Supreme Court on January 13, 2015,
the review petitioners would be entitled to formally lead evidence and prove
the documents on which they rely requiring a re-consideration of the matter
keeping in light such documents which may be proved.
5. Since I am presiding over a Division Bench, it may not be possible to spare
time in the near future to record evidence and thereafter decide the issue
afresh, as agreed to between the learned counsel for the parties, the review
petitions are being disposed of declaring that the decision dated June 07,
2011 is withdrawn vis-a-vis the review petitioners. Land Acquisition
Appeals filed by the review petitioners would be re-considered by the roster
bench, after giving opportunity to the review petitioners to lead further
evidence but limited to proving such documents and judicial orders, which
have been filed under cover of the review petition .
6. The Review Petitions stand disposed of.”
[Emphasis supplied]
13. By an order dated 30.07.2015, this Court directed that additional
evidence and additional documents be filed in the lead matter i.e., the Bed
Ram case and the other Appellants can rely on these Affidavits and additional
documents for other cases. The relevant extract of the order dated 30.07.2015
is set out below:
“Counsel for Union of India states that they are in the process of collecting
the records and, therefore, seeks an adjournment.


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Upon remand by the Supreme Court with liberty to file additional evidence at
the behest of the appellants/claimants, Hon’ble Mr. Justice P. Nandrajog has
reviewed his judgment disposing of the appeals on 07.06.2011 and that is how
the matter is listed before this Court.
Let one set of additional affidavit and additional documents to be led in
evidence be filed in lead case, i.e. LA App No.59/2007, titled Bed Ram v.
Union of India. Since the said evidence is sought to be relied by all the other
appellants, there is no necessity of filing separate affidavit of evidence in
the other cases.
If any of the other appellants wishes to file any additional documents, they
may file the same in their respective appeals. However, the counsels shall
coordinate and prepare a common compilation of additional documents to be
relied upon. The compilation shall be filed in the lead case, i.e. LA App
No.59/2007, Bed Ram v. Union of India . Advance copies shall be furnished
to counsel for the respondent. This exercise be completed within four weeks.
Learned counsels state that only documentary evidence of unimpeachable
nature is required to be filed….”
[Emphasis supplied]
14. Pursuant thereto, the evidence was led by the Appellants in the Bed
Ram case and the case captioned Karan Singh v. Union of India, LA.APP.
54/2011 [hereinafter referred to as “ Karan Singh case”] for the batch of
matters. Affidavits statements of AW1/Kailash Sharma in the Bed Ram case
and AW1/Karan Singh in the Karan Singh case were filed and they were
cross-examined by the Respondents. Evidence was also led by RW1/Ravinder
Dang on behalf of Respondent before this Court.
15. Subsequently, by an order dated 26.11.2015, the Court directed that the
additional evidence recorded and led in the Bed Ram case and the Karan
Singh case shall be read in so far as relevant for the remaining Appeals and
listed the matters before the Joint Registrar of this Court for recording of
evidence.


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16. Once the evidence was concluded, these Appeals were listed before this
Court in pursuance of the aforegoing decisions of the Supreme Court and the
Coordinate Bench.
CONTENTIONS OF THE APPELLANTS
17. Learned Senior Counsel/Learned Counsel for the Appellants have
divided their submissions into 3 primary contentions:
(i) location of land and its potentiality;
(ii) submissions of exemplars;
(iii) land being ‘Sailabi’ cannot have much potentiality is not a
correct analysis.
18. Learned Senior Counsel/Learned Counsel for the Appellants submit
that land was assessed by LAC at rate of Rs. 26,000/- in the year 1959. Hence,
the Award by LAC in the year 1992 at the rate of Rs. 27,344/- per Bigha was
not the fair market value. Learned Senior Counsel/Learned Counsel for the
Appellants submit that the Reference Court in the Impugned Judgment had
observed that, since the market value of land increases over the years, it is
unlikely that prices of land have remained stagnant from the year 1959 when
market price was Rs. 26,000/- per Bigha and therefore rate of land would have
been 10% per annum from 1959. Learned Senior Counsel/Learned Counsel
for the Appellants submit that as per 10% p.a. progressive increase from 1959
to 1989 as observed in the Impugned Judgment the actual market value should
be more than Rs. 1000/- per square yard or approximately Rs. 30 lakhs per
Bigha. The learned Reference Court on 18.10.2006 passed the Impugned
Judgment assessing market value of acquired land at rate of Rs.89,600/- per
Bigha as on 23.06.1989. Other antecedents related to the acquired land


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pertaining to solatium and interest was also awarded. While assessing market
value of acquired land in village Kilokari, the learned Reference Court drew
comparison with village Khizrabad stating that both lands stood acquired by
same notification and for the same purpose and the location is also within the
same vicinity and accordingly awarded the same market value as awarded in
Tindey case.
18.1 Learned Senior Counsel/Learned Counsel for the Appellants submit
that land of village, Kilokari, Behlolpur Khadar, Nangli Razapur, Chuck-
chilla admeasuring 1430 Bigha and 10 biswa was de-notified under Section
48(1) of the LA Act by a gazette notification dated 25.01.1995. On
05.11.2004, order was passed by the LAC assigning reasons that since part of
the land was found to be submerged in the river Yamuna land was de-notified.
Emphasis is laid on the fact that the land not submerged was retained and
acquired by the Respondents and the acquired land in these Appeals forms
part of the land.
18.2 It was contended that the Section 4 notification was also the same in
respect of land acquired for village Behlolpur Khadar and the compensation
awarded by the LAC in this village was enhanced by the learned Reference
Court to Rs.2.5 lacs per Bigha in terms of a judgment dated 04.01.2011 passed
by the learned Reference Court in LAC 75/2008 captioned Smt. Sudesh
Bhatia v. Union of India & Anr.
18.2.1 It was further contended that relying on the testimony of AW-1,
Kailash Sharma, that the witness had stated that they had been cultivating the
land in question until its acquisition in 1989 and that there was no examination


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conducted on the aspect of flooding. In fact, it is stated that the land was
irrigated from the water of river Yamuna and not submerged.
18.3 Learned Senior Counsel/Learned Counsel for the Appellants submit
that the market value for the land of village, Behlolpur Khadar and Jasola,
both acquired under the same notification as the acquired land, has been
assessed at rate of Rs. 2.5 lacs per Bigha for Behlolpur Khadar and Rs. 4948/-
per sq. yard for Jasola respectively. For the village, Behlolpur Khadar
compensation has already been received by the claimants. Reliance is placed
upon the judgment of the Supreme Court in Union of India v. Bal Ram &
2
Anr to submit that if the nature and quality of lands is by and large similar to
the notified land there should be no interference with respect to the amount of
compensation to be awarded. Further reliance is placed upon the judgment of
the Supreme Court in the case of Om Prakash (D) by LRs & Ors. v. Union
3 4
of India & Anr and Delhi Development Authority v Rajendra Singh & Ors.
to submit that there should be no discrimination between landowners when
land is of similar nature.
18.3.1 It is contended that the acquired land is half a kilometre away from
Maharani Bagh and village Jasola is about one kilometre away from village
Kilokari while village Behlolpur Khadar is also a part of adjoining village
Kilokari, yet a distinction has been drawn by the learned Reference Court in
the award for these four villages of Kilokari, Khizrabad, Nangli Razapur and
Garhi Mendu without any legal basis.

2
(2010) 5 SCC 747
3
(2004) 10 SCC 627
4
2009 (8) SCC 582



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18.4 Learned Counsel for the Appellant submits that the market value for
the acquired land of village, Kilokari cannot be treated differently from the
adjacent land of posh colonies such as Maharani Bagh, Kalindi Colony,
Siddhartha Nagar Extension, Sunlight Colony, Jiwan Nagar, Desu Colony,
Jangpura and Rajdoot Hotel etc. Reliance in this behalf is placed upon the
testimony of RW-l, Mr. Ravinder Dang [Naib Tehsildar at office of LAC] and
testimony of RW-2, Sh. Rajesh Kumar Chandra [Scientist with Central
Ground Water Authority].
18.5 Learned Senior Counsel/Learned Counsel for the Appellants submit
that they are also entitled for 12% per annum additional market value under
Section 23(1)(A) of the LA Act from the date of award till the date of
possession as there is a gap of 3 years from the date of award to possession of
the acquired land.
18.6 Learned Senior Counsel/Learned Counsel for the Appellants submit
that the acquired land’s potential, urban character, and intended acquisition
purpose requires a reassessment of market value using a fair and just
approach. Learned Counsel clarifies that they are seeking compensation based
on actual usage and future potentiality of the acquired land. It is submitted
that if the land is capable of being used for building purposes in the near
future, its valuation must reflect such capability. Reliance is placed on Clause
(4) of Section 24 of the LA Act.
18.7 Relying on the sale deed dated 17.03.1988 [Ex. PW3/1] which
references a sale of one Bigha for Rs.2,07,500/- per Bigha, it was contended
that the sale deed was proved before the learned Reference Court and that the


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witness stood his ground, despite which the learned Reference Court came to
a conclusion that the sale deed could not be relied upon.
18.8 The exemplar in respect of village Behlolpur Khadar wherein the
compensation was enhanced by the learned Reference Court by its order dated
04.01.2011 to Rs.2.5 lacs per Bigha, was also relied upon to contend that this
exemplar was not taken into consideration by the learned Reference Court in
the present case. It is further contended that Respondent No.1/UOI has not
challenged these findings in respect of village Jasola and Behlolpur Khadar
5
except in two cases and in all other cases, the land owners have received the
compensation, thus, parity must be maintained in respect of adjoining
adjacent lands with similar potentiality. Learned Senior Counsel/Learned
Counsel for the Appellants relies upon the judgment of the Supreme Court in
6
K. Periasami Vs. Sub-Tehsildar (Land Acquisition) to submit that the
acquired land is entitled to compensation at the parity with the other lands
situated in the same area and acquired by the same notification as the acquired
land.
18.9 In addition, reliance has also been placed on the Award No.21/92-93
pertaining to village Jasola wherein the LAC awarded the market value of the
land at the rate of Rs.27,344/- per Bigha while the learned Reference Court in
LAC No. 224 of 2011 captioned Jagdish Gulati v. UOI & Anr. decided on
29.11.2011 substantially enhanced the amount to Rs. 4948/- per square yard.
7
It is stated again that even against the present award only two Appeals were

5
LA.APP. 129/2016 captioned Union of India v. Hari Kishan @ Harkesh (Deceased) Thr. LRs & Ors. and;
LA APP. 128/2016 captioned Union of India v. Kesar Singh & Ors.
6
(1994) 4 SCC 180
7
LA.APP. 224/2012 captioned Union of India v. Jagdish Gulati and;
LA.APP.225/2012 captioned Union of India v. Sadhna Gupta & Anr.



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filed again by Respondent No. 1 and compensation to remaining land owners
was received in terms of order of the learned Reference Court.
18.10 Lastly, on the aspect of the land being ‘Sailabi’ which means
submergible, it is contended by the Respondents that the land does not have
much potentiality. It is submitted that this submission does not take into
account the 1430 Bighas 10 Biswa land which was de-notified by the
Respondents, in pursuance of which on 05.11.2004, the LAC passed a detailed
order stating that the reasons for the de-notification was that the land was
submerged or submergible. It is contended that the remaining land which
includes the acquired land was thereafter taken into possession on the
recommendation of Respondent No.2/DDA while 1,430 Bigha 10 Biswa land
was de-notified. Thus, it is averred by the Appellant that the remaining land
which includes the acquired land was clearly not submergible or ‘Sailabi’
land. Learned Senior Counsel/Learned Counsel for the Appellants submit that
the Reference Court inspected the site on 22.06.2011 and observed that the
land as situated in the heart of the city and that the land “appears to be utilized
for agricultural purposes” .
18.10.1 Relying on the notification dated 13.11.1959 pertaining to village
Kilokari, it was contended that at that time a uniform rate of compensation
was awarded by the LAC for different types of land, i.e., GM Nala, Sailabi,
Chahi and Rosli and compensation of Rs.26,000/- per Bigha was awarded
irrespective of the type of land. Learned Counsel contends that LAC has used
the term ‘Sailabi’ to describe the land pertaining to village Kilokari, the term
‘Khadar’ to describe the land of village Nangli Razapur and ‘Sailabi/Khadar’
to describe the land situated in village Behlolpur. Thus, these terms have been


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used interchangeably. Since Khadar also means low alluvial land fit for
cultivation, the type of land in all three villages is the same, thus the
compensation cannot be varied.
18.10.2 The Appellant’s witnesses AW1/Kailash Sharma [in LA.APP.
59/2007], in his cross examination has contended that he has never witnessed
any flooding or water logging during his lifetime and this is recorded in his
statement as given on 23.01.2016.
18.10.3 Reliance is also placed on LA.APP.372/2007 captioned Bhopal
Singh v. Union of India & Anr. [Award No.16/92-93 dated 19.06.1992]
[hereinafter referred to as Bhopal Singh case”] passed for village Nangli
Razapur wherein it is noted that the entire land is being irrigated by the
Yamuna River and since it is irrigated, there is no question of the same being
‘Sailabi’ in nature.
18.11 Learned Senior Counsel/Learned Counsel for the Appellants have
relied upon the judgment of the Supreme Court in Anjani Molu Dessai Vs.
8
State of Goa & Anr. to submit that for calculating compensation highest
exemplar is to be considered by the Court and not by averaging the different
types of sale prices. Reliance is also placed upon the judgment of the Supreme
9
Court in Special Land Acquisition Officer Vs. M.K. Rafiq Saheb to submit
that sale instances of solitary sale deed or small pieces of land can be relied
upon while determining the amount of compensation. Learned Senior
Counsel/Learned Counsel for the Appellants also relies upon the judgment of
10
the Supreme Court in Narendra & Ors. Vs. State of Uttar Pradesh & Anr.

8
(2010) 13 SCC 710
9
(2011) 7 SCC 714
10
(2017) 9 SCC 426


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to submit that benefit of higher compensation should be granted to even those
landowners who could not approach the court . Reliance is placed upon the
judgment of Coordinate bench of this Court in Bedi Ram Vs. Union of India
11
& Anr. to submit that for determination of market value of land when no
sale deed is available principle of escalation is to be applied. Learned Senior
Counsel/Learned Counsel for the Appellants further relied upon judgment of
12
the Supreme Court in Trishala Jain & Anr. Vs. State of Uttaranchal & Anr.
to submit that concept of guesstimation is to be used for determining the
market value of the land when no sale deed is available principle of escalation
is to be applied.
CONTENTIONS OF THE RESPONDENT NO.2/DDA
19. Learned Senior Counsel for Respondent No. 2/DDA has contended that
LAC in the Award has specifically recorded that the acquired land is situated
between two "Forward Bunds" and the river Yamuna, and that there were no
constructions on the land and only a few trees were found available on the
land at the time of its acquisition.
19.1 The LAC relied on an office order dated 03.05.1990 wherein the
Government of NCT of Delhi had notified the maximum price of agricultural
land in Delhi as Rs. 4.5 lakhs per acre for agricultural land and Rs. 1.5 lakhs
per acre for land situated on the riverbed. The fair market value for the land
was thus notified by the LAC on 23.06.1989 as Rs. 27,344/- per Bigha on the
basis of minimum price as notified on 03.05.1989 given the nature of the land.

11
2001 SCC Online Del 325
12
(2011) 6 SCC 47



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19.2 It was further contended that the market value of the land as assessed
by learned Reference Court is at Rs. 89,600/- per Bigha. Learned Reference
Court gave findings that the acquired land situated in the riverbed on the
“Forward Bund” will be covered with water during some parts of the year
and land may be cultivable for remaining parts of the year. The
Appellants/Claimants have failed to lead any evidence to disprove the fact
that subject land was not situated in “Forward Bund” area. The Learned
Reference Court found that the land is not capable of being utilised neither as
an agricultural land nor for constructing a building and consequently, cannot
be compared with other developed lands. Further, isolated constructions on
the acquired land cannot lead to an inference that land can be used for building
structures or that the land is comparable to other lands falling outside the
“Forward Bund” area.
19.3 The Respondents have also relied upon a site inspection report, and
photographs of the area and a spot report dated 21.11.2006 which was
prepared by the learned Reference Court along with spot note [hereinafter
collectively referred to as the "Site Report"]. Relying on this Site Report, it
was contended that the site inspection found that the land "appears to be under
cultivation". However, when the water level of the Yamuna crosses 204 mark,
the land gets submerged in water depending on the amount of discharge from
the river. In addition, the Site Report states that there are no substantial
developments on the land near the site for agricultural purposes. It is thus
contended that the land is unfit for development.
19.4 Learned Senior Counsel for the Respondent No.2 submits that the
learned Reference Court by order dated 04.01.2011 had rejected the evidence


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relied upon by the Appellants to claim higher compensation. The Appellants
had exhibited a sale deed dated l7.03.1988 of land of approximately 1 Bigha
sold from village Kilokari for consideration of Rs. 2,07,500/-. Learned Senior
Counsel submits that the learned Reference Court held that there was a
possibility that the sale deed was executed at inflated prices to claim a higher
compensation since it was a known fact that such schemes of acquisition
become known to the residents in the locality in advance and prior to the
issuance of the notification under Section 4 of the LA Act.
19.4.1 Learned Senior Counsel for the Respondent No. 2 submits that so far
as concerns the testimony of PW-3, Mr. Vinod Kumar (purchaser of land), the
same is to be rejected as PW-3 himself admits that he was not an income tax
payee in 1988 nor did he inform about purchasing a parcel of land for sum of
Rs. 2,07,500/- to the income tax authority.
19.5 It was contended that, the testimony of PW-4, Mr. S.P. Singh [Assistant
at Office of DDA] cannot be relied upon to assess the market value of the
subject land as PW-4 admits in his cross-examination that he was neither
aware of the date of notification nor he was aware of the date of the award by
which land was allotted to Akshar Dham Mandir, nor the date of acquisition
and consequently he cannot be said to be aware of the prevailing market rate
of the area. Further, the testimony of PW-5, Mr. Anwar Abbasi [Assistant
Manager Toll Plaza, DND Flyway] cannot be relied upon as he failed to prove
the authenticity of the Sale agreements and site plans.
19.6 Learned Senior Counsel for the Respondent No.2 submits that
Respondent No.1/UOI had adduced 5 sale deeds [Exhibit R1 to R5] in
evidence, of land situated in the same area as acquired land and sold around


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the same time when the notification was issued. These exhibited sale deeds
reflected average market value was at Rs. 18,736/- per Bigha.
19.7 Learned Senior Counsel for the Respondent No.2 contends that burden
lies on the Appellants to prove the prevailing market value of the acquired
land on the date of notification under Section 4 of the LA Act and to prove
that the acquired land had building potentiality. In the event of failure to
adduce cogent evidence, the claim ought to have been rejected. Reliance is
placed upon the judgment of the Supreme Court in the case of Kiran Tandon
13
v Allahabad Development Authority & Anr. to submit that the burden of
proof lies upon the Claimant to prove that the amount of compensation
awarded by the Collector is inadequate.
19.8 Learned Senior Counsel for the Respondent No.2 relies on the Tindey
case to submit that when land has similar potentiality and location advantages,
it must be similarly valued. The correct approach is to ascertain what a willing
vendor and a willing purchaser would reasonably transact at, keeping in mind
the principles of fairness and justice. It is well-settled that the burden lies on
the claimant to adduce evidence showing that the land has high potential
value.
19.9 Learned Senior Counsel for the Respondent No.2 submits that no
development has been undertaken on the acquired land and it has no building
potentiality because it a ‘Sailabi Land’ and is land which is in close proximity
to river Yamuna. ‘Sailabi’ lands are valued lower than agricultural land due
to seasonal inundation. Learned Counsel further states that the Appellant/PW-
7, Bed Ram in his testimony has deposed that some portion of the land in

13
2004 (10) SCC 745


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village Kilokari was developed as New Friends Colony, Maharani Bagh and
Kalindi Colony and he admitted that there is no abadi around the petrol pump
and the two shops and that there is a drainage in village Kilokari but it is far
away from acquired land. Further, testimony of PW-6, Mr. P.K. Meena
suggests that land is capable of being used for cultivation only when it is not
covered by the Yamuna river.
19.9.1 It is contended that the testimony of AW-1, Mr. Karan Singh in LA
APP.54/2011 reflects that he never raised an objection to the term ‘Sailabi’
used for the acquired land and he never applied to the MCD seeking sanction
of the layout plan for the subject land. Learned Counsel submits that the
government did not allow any construction to be raised other than a petrol
pump and the two shops of marble on the land of village Kilokari. Learned
Counsel submits that all these goes to suggest that subject land has no
potential to build structures.
19.10 Learned Senior Counsel for the Respondent No.2 submits that the
argument of the Appellants that the subject land falls in the vicinity of posh
colonies and hence, a higher amount of compensation should be awarded is
misconceived. Learned Senior Counsel further submits that the subject land
is prone to water logging and flooding as it was situated in the “Forward
Bund” area. He further submits that Appellants have not placed on record any
evidence to show that the land can be used for agriculture or residential
purposes. Further, the Appellant is his testimony has admitted that except for
a petrol pump and the two shops, there is no abadi around the subject land and
till date there has been no development on the subject land which supports the


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fact that subject land is qualitatively distinguishable from the land on which
posh colonies are developed.
19.11 Learned Senior Counsel for the Respondent No.2 submits that the land
owners have failed to show other comparable sale deeds and that the land
owners have failed to show that the acquired land is similar in nature and
potentiality to other comparable same village or neighbouring village.
Reliance in this behalf is placed upon Mohd. Raofuddin v. Land Acquisition
14
Officer .
19.12 Learned Senior Counsel for the Respondent No.2 submits that the
Appellants have failed to show any similarity of the acquired land with the
lands situated in Jasola or Behlolpur Khadar. Learned Senior Counsel submits
that mere contiguity of the acquired land with the other land situated in an
urban area is not the acceptable criteria for grant of similar rate. Reliance is
15
placed upon Kanwar Singh & Ors v UOI to submit that the Supreme Court
has held that mere contiguity of two villages cannot be adopted to determine
the market value of two villages unless similarity and advantages of both the
lands are proved.
19.12.1 Learned Senior Counsel for the Respondent No.2 refutes the
contention of the Appellants claiming parity with market value of the land
situated at village Behlolpur Khadar which has been assessed at Rs. 2.5 lakhs
per Bigha in case of Smt. Sudesh Bhatia v UOI & Anr .; LAC No.75/2008
and Village Jasola at Rs. 4,948 per sq. yard in the case of Jagdish Gulati v.
UOI ; LAC No. 224/11. Learned Senior Counsel submits that market value of

14
(2009) 14 SCC 367
15
1998 (8) SCC 136



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the land assessed, as mentioned above, by the learned Reference Court was
made by ignoring and overlooking the market value as determined by this
Court and thus is a nullity. It is further contended that the learned Reference
Court ought to have balanced the public interest and private interest while
determining market value rate. Reliance is placed on the case of Periyar &
16
Pareekanni Rubbers Ltd. v State of Kerala to submit that lands must be
assessed at fair and reasonable market value of the land and too much
emphasis on claimant’s right to compensation would place a heavy burden
upon the public exchequer.
19.13 Learned Senior Counsel for the Respondent No.2 places reliance upon
the judgment of the Supreme Court in the case of UP Awas Evam Vikas
17
Parishad v Asha Ram (dead) through LRs and Others to submit that
market value of land must be determined based on comparable sale instances
that are proximate in time and location to the acquisition notification.
19.14 Learned Senior Counsel for the Respondent No.2 submits that even if
acquired land lies near Yamuna River and building structures is presently
prohibited due to environmental regulations, potentiality of the land must still
be assessed. However, there is no material on record showing development
on the subject land on the date of the notification or at the time of possession
of the land. No evidence has been led showing any application made for
change of land use from agricultural to residential purposes, nor is there any
such prayer in the documents on record. Learned Counsel submits that mere
proximity to developed colonies cannot by itself establish potentiality. Once
the land is found to lack building potentiality, no benefit of higher

16
1991 (4) SCC 195
17
2021 (17) SCC 289


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compensation can be granted. Therefore, it is contended that there is no
infirmity in the market value of the land as fixed by the learned Reference
Court i.e. Rs. 89,600/- per Bigha.
CONTENTIONS OF THE RESPONDENT NO.1/UOI
20. Learned Counsel for the Respondent No. 1 submits that no evidence
has been brought on record by the Appellants to attribute any building
potentiality to the acquired land. Learned Counsel submits that in order to
determine the market value of the acquired land, the building potentiality of
the land must be considered. However, no material has been brought on record
to show any development on the acquired land either on the date of the
notification or on the date of possession of the land.
20.1 Learned Counsel for Respondent No. 1 submits that as per the Delhi
Land Reforms Act, 1954 [hereinafter referred to as “DLR Act”], permission
from the authority is mandatory to change the nature of land use and no such
permission for change of land use from agriculture to building purposes has
been brought on record by the Appellants to evidence any "change of user"
application.
20.2 Learned Counsel for Respondent No. 1 has reiterated the contentions
as set out by Respondent No. 2 that while awarding the compensation, the
LAC/learned Reference Court has to ascertain the market value of the land
keeping in mind what a willing vendor may reasonably except to obtain from
a willing purchaser. Reliance in this regard is placed upon the judgment of the
Supreme Court in the case of the Supreme Court in the Periyar case.


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20.3 Learned Counsel for Respondent No.1 submits that the learned
Reference Court while passing the Impugned Judgment has correctly relied
upon Tindey case, wherein the land of village, Khizrabad was held to have no
building potentiality at the relevant time i.e., at the time of publication of the
notification and the amount of compensation was awarded accordingly.
20.4 Learned Counsel for Respondent No. 1 submits that the evidence led
by the Appellants at best supports that acquired land is used for agriculture
purposes only and not for construction of a building. Acquisition of the land
for building purposes cannot be sufficient circumstance to presume land has
building potentiality. Accordingly, the acquired land has no building
potentiality and hence, no additional compensation should be granted.
REJOINDER BY APPELLANTS
21. Learned Senior Counsel/Learned Counsel for the Appellants submit
that the characterisation of the land as ‘Sailabi’ does not per se negate its
development potential. Learned Senior Counsel/Learned Counsel for the
Appellants submit that out of total acquired land, pockets of land may have
been prone to flooding but not the entire acquired land. Siddharth Nagar and
Ganga Vihar, similarly situated as acquired land, have been fully developed.
Therefore, the argument that ‘Sailabi' lands lacks potentiality is untenable.
21.1 Learned Senior Counsel/Learned Counsel for the Appellants submit
that the land which was not submerged by the river Yamuna was retained and
not de-notified in terms of the notification under Section 48(1) of the LA Act
on 25.01.1995. It is contended that the possession was taken by the


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Respondents and hence the argument of the Respondents that the entire land
being ‘ Sailabi’ land cannot be used for development purposes is misplaced.
21.2 Learned Senior Counsel/Learned Counsel for the Appellants submit
that for market value of land to be assessed at higher value, reliance is placed
upon testimony of PW-3/Mr. Vinod Kumar (land purchaser) who purchased
1 Bigha and 1 biswa of land in village Kilokari through Sale deed dated
l7.03.1988 for consideration of Rs. 2,07,500/- [hereinafter referred to as
"17.03.1988 Exemplar"]. The sale deed is dated one year and three months
prior to the date of notification of the subject land and is thus a relevant
exemplar. The allegation that the sale deed is inflated to secure higher
compensation is without basis. Learned Senior Counsel/Learned Counsel for
the Appellants clarify that only one Bigha or 3,025 square yards was
purchased by PW-3, and the transaction stands unimpeached and the criticism
regarding the purchaser not being an Income Tax payee is irrelevant and
speculative.
21.3 Learned Senior Counsel/learned Counsel for the Appellants submit that
the 17.03.1988 Exemplar was rejected by the learned Reference Court on
assumption that landowners had prior knowledge about the acquisition, which
is not correct. In this regard, learned Senior Counsel/learned Counsel for the
Appellants places reliance upon the judgment of the Supreme Court in
18
Mahamaya General Finance Company v. State of Uttar Pradesh & Ors.
wherein a similar speculative finding that the Appellants had prior knowledge
of the acquisition which was adopted by the learned Reference Court without
any reasons, was disapproved by the Supreme Court.

18
(2014) 15 SCC 290


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21.4 Learned Senior Counsel/Learned Counsel for the Appellants submit
that testimony of PW2/Gopal Singh is not being relied upon. The emphasis is
only upon the testimony of PW3, in relation to the 17.03.1988 Exemplar,
which testimony remains unimpeachable.
21.5 Learned Senior Counsel/learned Counsel for the Appellants further
reiterates that the land in Behlolpur Khadar which even as per the map and
rough location plan relied upon by the Respondents is a village bordering
Kilokari and that the learned Reference Court gave a finding enhancing the
compensation of the said land to Rs. 250/- per sq. yd./Rs. 2.5 lacs per Bigha
[approximately] and the same compensation must be awarded to village
Kilokari, village Nangli Razapur and village Khizrabad.
21.6 Learned Senior Counsel/learned Counsel for the Appellants further
distinguished the Tindey case. It was submitted that the Tindey case was
based in respect of Section 4 notification of 1976 whereas the notification in
the present case is of 1989. The other distinction sought to be drawn was that
the Tindey case was related to village Khizrabad, whereas the present case is
of village Kilokari. In addition, it was submitted that in the Tindey case, there
is a clear finding of the Court that no evidence was led and thus, the
Coordinate Bench of this Court relied upon in earlier notification and added
escalation at the rate of 12% per annum to arrive at the final value given the
fact that there were exemplars provided. No reliance could have been placed
by the learned Reference Court in the Tindey case.




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SUR-REJOINDER
22. A brief Sur-Rejoinder was given by the learned Senior Counsel for
Respondent No. 2 to contend that there is no denial that the acquired land is
situated between two "Forward Bunds" and the river and thus, any distinction
cannot be sought to be drawn between the acquired land and the land which
was de-notified under Section 48 of the LA Act on 25.01.1995. In addition, it
was contended that there is no evidence was led by the Appellants to show
future building potentiality.
THE IMPUGNED JUDGMENT
23. As stated above, the Kilokari Award was passed on 19.06.1992 by the
LAC for the acquisition of land admeasuring 2226 Bighas and 5 Biswas
situated in the revenue estate of village, Kilokari for development of Delhi
channelization of river Yamuna. The LAC while assessing the market value
relied upon various similar awards passed for the land within the vicinity of
the acquired land and also relied upon the Office Order of 1990 wherein the
minimum price for agricultural land had been fixed at Rs. 1.5 lacs per acre as
on 27.04.1990 and treating the land as ‘ Sailabi ’ land situated between two
Forward Bunds” by discounting 15% per annum, LAC assessed the market
value at Rs. 27,344/- per Bigha.
23.1 Similarly, the award no. 18/1992-93 was passed for acquisition of 874
Bighas and 4 Biswas situated in the revenue estate of village Khizrabad
[hereinafter referred to as ‘Khizrabad Award’]. The LAC similarly taking into
consideration the Office Order of 1990 and discounting it as in the Kilokari
Award, assessed the fair market value for the land at Rs. 27,344/- per Bigha.


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23.2 The award no. 16/1992-93 for land admeasuring 2009 Bighas and 10
Biswas situated in the revenue estate of village Nangli Razapur as notified
was also passed on 19.06.1992 [hereinafter referred to as ‘Nangli Razapur
Award’]. The LAC found that the kind of soil was Khadar and assessed the
market value of the land, as it did in the case of Kilokari and Khizrabad Award
as Rs. 27,344/- per Bigha.
23.3 In the case of land situated in the revenue estate of Garhi Mendu, the
award no. 13/1992 was passed in the acquisition of 1563 Bighas and 18
Biswas in the revenue estate of Garhi Mendu [hereinafter referred to as ‘Garhi
Mendu Award’]. The classification in the Garhi Mendu Award of the land
was of flooded land and the LAC assessed the market value of the land at Rs.
27,344/- per Bigha.
23.4 The Appellants challenged this determination by filing a Reference
Petitions under Section 18 of the LA Act. The Appellants claimed the value
of acquired land at about Rs 10,000/- per square yard and averred that the land
is not situated under the riverbed.
23.5 The following issues were framed by the learned Reference Court in
Attar Singh case and Bed Ram Reference Court case:
(i) Whether the provisions of the DLR Act is applicable to the land
in dispute, if so, to what effect?
(ii) What was the market value of the acquired land as on the date of
issuance of notification under section 4 of the Land Acquisition Act,
1894?
(iii) To what enhancement in compensation, the Appellant is entitled
to?


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23.6 An additional issue was framed by the learned Reference Court in the
Bhopal Singh case, which is reproduced below:
“(i) Whether the petitioner is entitled to amount u/s 23(1)A of the LA Act with
respect to Khasra nos. of which the possession has been taken subsequently, for the
period during which the proceedings for the acquisition of land were held up on
account of any stay or injunction?”
23.7 No evidence was led by the Respondent No.2/DDA in his support
before the learned Reference Court. However, evidence in support of their
contentions was led by the Appellant and the Respondent No.1/UOI.
23.8 The learned Reference Court held that no evidence has been led by the
Appellant to show acquired land was not situated in "Forward Bund" area and
hence it cannot be compared with other lands. It was held that the land in
village, Khizrabad and acquired land both fall in the "Forward Bund" area
and are comparative lands. Since the rate of land in village, Khizrabad has
been assessed at rate of Rs. 89,600/- per Bigha and is ‘Sailabi’ land in LAC
No. 13 of 2004 titled ‘ Sri Ram v. UOI ’, LAC No. 18 of 2005 titled Attar
Singh v UOI and LAC No. 19 of 2005 titled Bed Ram Vs. UOI has also
been assessed at the rate Rs. 89,600/- per Bigha, the acquired land being
similarly situated is assessed at the same rate. Learned Reference Court also
relied on the judgment passed by this Court in Tindey case for village
Khizrabad, to give a finding that the market value of the acquired land to be
Rs. 89,600/- per Bigha. Other antecedent directions were also passed with
respect to solatium and interest in terms of judgment of the Supreme Court in
19
Sunder v UOI .

19
(2001) 7 SCC 211


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24. Before the learned Reference Court, the Appellant had argued that
village Kilokari is near the posh areas of New Friends Colony, Jamia Islamia
University and Jasola village and that there was no evidence to show that the
land was not situated in a "Forward Bund" area. Reliance was also placed by
20
the Appellant on the judgment in Dhoomi Singh & Anr. v. UOI wherein
this Court enhanced the compensation of the land acquired for village Jasola
by Rs.2,240/- per square yard, which was land acquired in village Kilokari by
an Award in 1981.
24.1 The Respondents/DDA and UOI on the other hand had contended that
the DLR Act is applicable to the acquired land and had also relied on
exemplars of the land to submit that the LAC had correctly assessed the
valuation for the acquired land at Rs.27,344/- per Bigha.
25. The learned Reference Court gave a finding that the DLR Act was not
applicable to the acquired land. It further relied upon the sale deeds/exemplars
as placed on record by the Appellant and the Respondent/DDA the details
whereof are set out below:
Appellants :
S.No. Ex.No. Date of
Sale deed
Village Area of
land
Total
Consideration
with stamp
duty
1. Ex.P1 17.03.1988 Kilokari 1 Bigha
1 Biswa
2,07,500/-


20
Judgment dated 19.10.2001 in RFA 408/1986 – Delhi High Court


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Respondents :
S.No. Ex.No. Date of
Sale deed
Village Area of
land
Total
Consideration
with stamp
duty
1. Ex.R1 6.4.87 Kilokari 1 Bigha 43,200/-
2. Ex.R2 1.11.85 Kilokari 1 Bigha
9 Biswa
52,920/-
3. Ex.R3 9.9.83 Kilokari 1 Bigha 2,160/-
4. Ex.R4 28/31.3.84 Kilokari 5 Bigha
12 Biswa
15,120/-
1 Bigha
13 Biswa
5. Ex.R5 28/31.3.84 Kilokari 9 Bigha 19,440/-

25.1 The learned Reference Court further held that the land is situated in the
"Forward Bund" in river bed and is ‘Sailabi’ in nature. The learned Reference
Court found that the exemplar given by the Appellant did not appear to be
reliable while Ex. R2 to R5 also appear that they have been undervalued to
save stamp duty. The learned Reference Court then relied on the judgment in
the Tindey case as assessed in terms of the Award No. 19/1992-93 which was
also notified along with village Kilokari and granted compensation at the
same rate as was granted for village Khizrabad in the Tindey case at
Rs.89,600 per Bigha. The relevant extract of the findings in the Impugned
Judgment is below:
“…17. In the present case the land under acquisition is also located in
forward bund in river bed and appears to be similarly situated as in the case
of land acquired in village Khizrabad . Considering the location of village
Kilokari, there is no reason to assume that rate of land in village Kilokari
would be less than in village Khizrahad . There appears to be no reason as
to why the rate of land assessed in Award No. 19/92-93 involving the same
date of notification in village Khizrabad may not be adopted in present case .
1 may also mention that for assessment of land (other than situated in forward
bund in river bed) which is not covered under the provisions of DLR Act, a


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marginal increase in compensation can be granted on account of
urbanization when the same is compared with land to which provisions of
DLR Act arc applicable. However in the present case as the land is situated
in forward bund area in the river bed, the possibility of any distinct
advantage is remote and the fact that the village Kilokari had been
urbanized may not be of much consequence . Any benefit on account of
urbanization was also denied by Hon’ble High Court in Tindey’s case (Supra)
on account of urbanization of village Khizrabad though the same was claimed
to have been also urbanized, in view of typical location and sailabi nature of
land. in view of above, I am not inclined to grant rate of compensation in
village Kilokari at any higher rate that assessed in village Khizrabad. I am
therefore of the view that it shall be fair to assess the market value of land
@ Rs.89,600/- per Bigha following the rate of land assessed by this Court
in village Khizrabad wherein the land had been acquired for same purpose
and involves the same date of notification …”
[Emphasis supplied]
ANAYLSIS & FINDINGS
26. As stated above, the learned Reference Court also conducted an ‘on the
spot’ inspection of the site and relied on its report dated 22.11.2006 in the
Impugned Judgment.
27. At this stage, it is apposite to set out that the Appeals listed before this
Court were in relation to four villages i.e., Khizrabad, Kilokari, Nangli
Razapur and Garhi Mendu. It is apposite to set out the details by way of a
tabular chart below:
S.No. Total
Village
Name
Award No.
& Date
Rate as
Awarded by
Reference
Court
Rate as
awarded by
Predecessor
Bench of this
Court on
07.06.2011
1. 21 Khizrabad 18/1992-93
19.06.1992
No.
of
Cases
Rs.89,600/-
per Bigha
Rs.89,600/-
per Bigha
2. 62 Kilokari 14/1992-93
17.06.1993
Rs.89,600/-
per Bigha
Rs.89,600/-
per Bigha
3. 48 Nangli 16/1992-93 Rs.89,600/- Rs.89,600/-


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Razapur 19.06.1992 per Bigha per Bigha
4. 13 Garhi Mendu 13/1992-93
Rs.90,102/-
per Bigha
Rs.89,600/-
per Bigha

19.06.1992

The Appeals
28. Learned Counsel for the parties contended that the reasoning of the
learned Reference Court is pari materia in the Impugned Orders in relation to
these villages and thus all 144 Appeals can be heard together and with the
consent of the parties LA.APP. 59/2007 captioned being Bed Ram v. UOI &
Anr. was argued as the lead matter.
29. Pursuant to the SC Judgment, the Appellants essentially relied upon
the evidence which was already available with the learned Reference Court
albeit both in the Bed Ram case as well as in connected matters. The
Appellants have also relied upon the exemplars in the form of sale deeds
which were available on record, including of village Behlolpur Khadar and
village Jasola.
29.1 The Respondents have relied upon the building potentiality of the land
and have stated that the land being 'Sailabi' in nature did not have the same
building potentiality as the land which was in its vicinity for development. It
is additionally contended that the burden of proof in such cases is on the
Claimants to show the value of the land.
29.2 The parties agreed that no further evidence (other than what was
already led by the parties before this Court) was required to be led by either
party nor was cross-examination on the sale exemplars necessary as the
Respondents made their submissions contradicting these exemplars.


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Village Khizrabad
30. The learned Reference Court passed a judgment in the LAC No. 18 of
2005 titled ‘ Attar Singh v UOI ’ on 25.09.2006 [hereinafter referred to as the
"Khizrabad Judgment"]. The Khizrabad Judgment in essence made the
calculations with reference to the judgment of the Division Bench of this
Court in Tindey case to award Rs.89,600/- per Bigha. The 21 cases that have
been decided are set out below:
S. No. Case No. & Case Title
1. LA.APP. 40/2007
Dharam Veer vs. UOI & Anr.
2. LA.APP. 42/2007
Sri Ram &Anr. vs. UOI & Anr.
3. LA.APP. 43/2007
Bed Ram vs. UOI & Anr.
4. LA.APP. 44/2007
Attar Singh vs. UOI & Anr.
5. LA.APP. 293/2007
Jagbir Singh vs. UOI & Anr
6. LA.APP. 72/2016
Raghubar Dayal @ Raghuber Singh @ Raghbar Singh & Ors. vs. Union
of India & Anr
7. LA.APP. 335/2008
Munshi Deceased Through LRs & Ors. vs. UOI &Anr
8. LA.APP. 647/2009
Mehar Chand & Ors. vs. Union of India &Anr
9. LA.APP. 650/2009
Prem Raj & Ors. vs. Union of India & Anr
10. LA.APP. 311/2010
Mamraj & Ors. vs. Union of India & Anr.
11. LA.APP. 314/2010
Lakhmi Chand & Ors. vs. Union of India & Anr.
12. LA.APP. 315/2010
Jaggan vs. Union of India & Anr.
13. LA.APP. 316/2010
Ramesh Decd Thr LRs & Ors. vs. Union of India & Anr.
14. LA.APP. 699/2010
Nain Singh Decsd. Thr LRs vs. Union of India & Anr
15. LA.APP. 13/2012
Budhan Decsd. Thru LRs vs. Union of India & Ors


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16. LA.APP. 37/2012
Daroga Decsd. Thr LRs & Ors vs. Union of India & Ors
17. LA.APP. 85/2015
Lakhmi Chand & Ors vs. Union of India & Anr
18. LA.APP. 14/2016
Nain Singh (Deceased) Thr His LRs vs. Union of India
19. LA.APP. 131/2018
Union of India vs. Mamchand (Dec) Thr LRs & Ors
20. LA.APP. 204/2018
Om Prakash (Deceased) Thr LRs vs. Union of
India & Anr
21. LA.APP. 4/2019
Union of India vs Raghubar Dayal @ Raghbar Singh & Ors.
Village Kilokari
31. The judgment in the Bed Ram Reference Court case relied upon the
Attar Singh and the Tindey case to calculate the compensation in these
matters were listed before this Court in respect of the revenue estate of village
Kilokari, which are set out below:
S. No. Case No. & Case Title
1. LA.APP. 58/2007
Duli Chand vs. UOI &Anr.
2. LA.APP. 59/2007
Lead matter
Bed Ram vs. vs. UOI & Anr.
3. LA.APP. 338/2015
Fakir Chand (Deceased) Thr. Lr & Ors. vs. Union of India &Anr.
4. LA.APP. 339/2015
Hukum Singh Since Deceased Thr. LRs & Ors. vs. Union of India &Anr.
5. LA.APP. 144/2019
Prakash & Ors. vs. Union of India &Anr
6. LA.APP. 230/2022
Salek Ram (Deceased) Thr Lrs & Ors. vs. Union of India &Anr.
7. LA.APP. 366/2022
Sita Ram (Deceased) Thr. LR Chavan &Anr. vs. Union of India & Ors.
8. LA.APP. 61/2007
Kesar Singh & Ors. vs. UOI &Anr.
9. LA.APP. 62/2007
Ganga Ram &Anr vs. UOI &Anr
10. LA.APP. 63/2007
Satto Devi & Ors. vs. UOI &Anr


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11. LA.APP. 64/2007
Angoori Devi (D) Thru. LR vs. UOI &Anr
12. LA.APP. 65/2007
Raj Pal vs. UOI & Anr
13. LA.APP. 66/2007
Kailash Sharma &Anr. vs. UOI &Anr
14. LA.APP. 73/2007
Tek Chand vs. UOI &Anr
15. LA.APP. 87/2007
Pritam Singh & Ors. vs. UOI &Anr
16. LA.APP. 412/2007
Giriraj & Ors. vs. UOI &Anr
17. LA.APP. 89/2007
Balbir Singh vs. UOI &Anr
18. LA.APP. 130/2009
Shri Bhik Ram vs. Union of India & Ors.
19. LA.APP. 91/2007
Bhim Singh Decd. Thr. LRs & Or vs. UOI &Anr
20. LA.APP. 500/2008
Bharat Singh & Ors. vs. UOI &Anr
21. LA.APP. 748/2008
Dal Chand & Ors. vs. U.O.I & Ors.
22. LA.APP. 89/2009
Om Prakash (Since Deceased) Thr. LRs vs. UOI & Ors.
23. LA.APP. 528/2009
Sher Singh (Deceased) Thr. LRs vs. UOI &Anr.
24. LA.APP. 553/2009
Bahadur DecdThr LRs vs. Union of India &Anr
25. LA.APP. 559/2009
Pehlad vs. Union of India &Anr
26. LA.APP. 595/2009
Prem Raj & Ors. vs. Union of India &Anr
27. LA.APP. 101/2010
Ratto Devi Decd Thr LRs & Ors. vs. Union of India & Anr
28. LA.APP. 380/2010
Kesar Singh & Ors. vs. UOI and Anr.
29. LA.APP. 765/2010
Dal Chand & Ors. vs. Union of India & Anr.
30. LA.APP. 827/2010
Bhoop Singh Decd Thr LRs vs. UOI &Anr
31. LA.APP. 1070/2010
Ram Kishan Decd Thru LRs & Ors. vs. UOI &Anr.
32. LA.APP. 15/2011
Mussadi Decsd Thr LRs vs. Union of India & Ors.


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33. LA.APP. 29/2011
Dal Chand &Anr vs. Union of India
34. LA.APP. 39/2011
Uma Dhawan & Ors. vs. Union of India &Anr.
35. LA.APP. 54/2011
Karan Singh vs. Union of India &Anr
36. LA.APP. 155/2011
Jaspal Singh (Dec) Thr LRs vs. UOI &Anr
37. LA.APP. 156/2011
Bed Ram vs. UOI &Anr.
38. LA.APP. 251/2011
Hari Chand vs Union of India & Ors
39. LA.APP. 5/2012
Surjan & Ors vs. Union of India & Ors
40. LA.APP. 6/2012
Gian Chand Decsd. Thr. LRs & Ors. vs. Union of India &Anr
41. LA.APP. 10/2012
Anant Ram &Anr vs. Union of India &Anr
42. LA.APP. 218/2012
Net Ram Through LRs and Anr vs. UOI &Anr
43. LA.APP. 223/2012
Hari Singh Through LRs vs. UOI &Anr.
44. LA.APP. 49/2013
Samarta Decsd. Thru LRs and Ors vs. UOI and Anr
45. LA.APP. 51/2013
Net Ram vs. UOI &Anr
46. LA.APP. 86/2015
Jugal Kishore & Ors vs. Union of India &Anr
47. LA.APP. 423/2015
Hari Kishan (Deceased) Thr LRs vs. Union of India &Anr
48. LA.APP. 426/2015
Nathu (Deceased) Thr LRs vs. Union of India &Anr
49. LA.APP. 445/2015
Nathu (Deceased) Thr LRs vs. Union of India &Anr
50. LA.APP. 173/2016
Ram Saroop Through LRs vs. UOI and Anr
51. LA.APP. 196/2016
Budh Ram @ Budh Singh (Deceased) Thr LRs & Ors. vs. Union of India
&Anr
52. LA.APP. 292/2016
Hari Kishan Sharma & Ors vs. Union of India &Anr
53. LA.APP. 11/2017
Shashi Kumar vs. Union of India &Anr
54. LA.APP. 287/2017
Mehar Chand & Ors vs. Union of India &Anr


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55. LA.APP. 209/2018
Virender &Anr vs. Union of India &Anr
56. LA.APP. 245/2018
Union of India vs. Budh Ram @ Budh Singh (Dec) Thr LRs & Ors
57. LA.APP. 246/2018
Union of India vs. Hari Kishan (Dec) Thr LRs & Ors
58. LA.APP. 247/2018
Union of India vs. Ram Saroop (Dec) Thr LRs & Ors
59. LA.APP. 49/2019
Union of India vs. Hanso (Deceased) Thr LRs &Anr
60. LA.APP. 130/2019
Dal Chand Sharma & Ors vs. Union of India &Anr
61. LA.APP. 137/2019
Bhoop Singh (Deceased) Thr LRs vs. Union of India &Anr
62. LA.APP. 298/2022
Jai Bhagwan Deceased Through His Legal Heirs and Ors vs. Union of
India and Anr.
31.1 These Appeals emanate either from the Impugned Judgment or
judgments passed by the Reference Court thereafter, relying on the Impugned
Judgment.
Village Nangli Razapur
32. So far as concerns the village Nangli Razapur, the lead matter for this
village is LA.APP. 372/2007 captioned Bhopal Singh vs. UOI & Anr. The
learned Reference Court by a judgment dated 29.08.2007 in LAC No. 2/1998
titled as Bhopal Singh v. UOI & Anr. /Nangli Razapur Reference Court
Judgment ascertained the compensation to be awarded at the same rate as
those in village Kilokari at Rs.89,600/- per Bigha. The learned Reference
Court in this matter relied on the judgment in the Attar Singh case in respect
of village Khizrabad to hold that the compensation should be awarded. The
learned Reference Court discussed the sale exemplars relied in the Bed Ram
Reference Court case of village Kilokari, referencing the fact that the land


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was situated in the “Forward Bund” area. The details of the 48 cases in
relation to village Nangli Razapur are set out below:
S. No. Case No. & Case Title
1. LA.APP. 911/2010
Kehar Singh vs. Union of India & Ors.
2. LA.APP. 1234/2008
Hans Raj Decd. Thr LRs vs. UOI & Anr
3. LA.APP. 1235/2008
Surya Prakash & Ors. vs. UOI & Anr
4. LA.APP. 607/2009
Neki Ram vs. UOI
5. LA.APP. 372/2007
Lead Matter
Bhopal Singh vs. UOI &Anr
6. LA.APP. 501/2008
Zile Singh (Deceased) Through LRs vs. UOI & Anr
7. LA.APP. 508/2008
Jagwati vs. UOI & Anr
8. LA.APP. 509/2008
Bir Singh vs. UOI & Anr
9. LA.APP. 564/2008
Aman Singh vs. UOI & Anr
10. LA.APP. 565/2008
Shashi Verma vs. UOI & Anr
11. LA.APP. 609/2008
Nimant Rana & Ors. vs. UOI & Anr
12. LA.APP. 631/2008
Dinesh Kumar & Ors. vs. UOI & Anr
13. LA.APP. 737/2008
Inder Singh vs. U.O.I & Anr
14. LA.APP. 739/2008
Ramesh Basistha vs. U.O.I & Ors
15. LA.APP. 816/2008
Kishan Sahai Thru LRs vs. UOI & Anr
16. LA.APP. 817/2008
Jagbir & Ors. vs. UOI & Anr
17. LA.APP. 876/2008
Rishal Singh Decd. Thr. LRs vs. UOI & Anr
18. LA.APP. 966/2008
Raj Kumar vs. UOI & Ors.
19. LA.APP. 992/2008
Ajeet Singh vs. UOI & Ors.


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20. LA.APP. 994/2008
Hari Singh vs. UOI & Anr
21. LA.APP. 995/2008
Prem Singh vs. UOI & Anr
22. LA.APP. 996/2008
Rajender Prashad & Ors. vs. UOI & Anr
23. LA.APP. 1136/2008
Jaswant Singh Rana (Deceased) Thr. LRs vs. UOI & Anr
24. LA.APP. 1204/2008
Devender Kumar Triguna vs. UOI & Anr.
25. LA.APP. 1238/2008
Chinta vs. UOI &Anr.
26. LA.APP. 550/2009
Guni Ram Decsd. Through LRs vs. Union of India & Ors.
27. LA.APP. 551/2009
Ranjit Kumar Triguna vs. Union of India & Anr
28. LA.APP. 552/2009
Jagdip Kumar Triguna vs. Union of India &Anr
29. LA.APP. 556/2009
Attar Singh DecdThr LRs vs. Union of India &Anr
30. LA.APP. 560/2009
Ajit Singh vs. Union of India & Ors.
31. LA.APP. 576/2009
Narender Kumar Triguna vs. Union of India &Anr
32. LA.APP. 580/2009
Kesar Singh & Ors. vs. Union of India &Anr
33. LA.APP. 253/2010
Ram Pat vs. Union of India & Anr.
34. LA.APP. 263/2010
Ramesh &Anr vs. Union of India &Anr
35. LA.APP. 264/2010
Hari Singh DecdThr LRs vs. Union of India &Anr
36. LA.APP. 454/2010
Daya Kishan Decd Thr LRs & Ors vs. Union of India & Anr.
37. LA.APP. 677/2010
Om Prakash &Anr vs. Union of India & Ors.
38. LA.APP. 678/2010
Shri Chanderman @ Chander Singh vs. Union of India & Ors.
39. LA.APP. 679/2010
Ram Singh Decsd Thr LRs & Ors vs. Union of India & Ors.
40. LA.APP. 682/2010
Mool Chand Decd Thr LRs vs. Union of India and Ors.
41. LA.APP. 683/2010
Yash Pal & Ors. vs. Union of India & Ors.
42. LA.APP. 140/2011


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Ranjeet Singh Decd Thr LRs vs. Union of India & Anr
43. LA.APP. 708/2011
Lekh Ram vs. Union of India & Anr
44. LA.APP. 716/2011
Gopal Singh & Ors vs Union of India & Anr
45. LA.APP. 390/2015
Virender Singh (Since Missing) Thr. LRs & Ors vs. Union of India &
Anr
46. LA.APP. 18/2016
Mahipal (Deceased) Thr LRs vs. Union of India & Anr
47. LA.APP. 19/2016
Chhattar Singh vs. Union of India & Anr
48. LA.APP. 256/2017
Pooja vs. Union of India & Anr
Village Garhi Mendu
33. As stated in paragraph 9.3 above, the learned Reference Court had
enhanced the market value of the land as acquired from Rs. 27,344/- per Bigha
to Rs. 90,102/- per Bigha in the lead matter in this village being LA.APP.
1038/2008 captioned UOI vs. Khazan Singh & Ors. by a judgment dated
26.07.2007 [hereinafter referred to as the " Garhi Mendu Judgment"].
Reliance was placed on the judgment in the case of Smt. Chawli Devi
(Deceased) through her LRs v. UOI & Anr., being order dated 31.05.2007
passed in LAC No. 334/1 of 2006 by the learned Reference Court. The details
of 13 matters in relation to village Garhi Mendu which were listed before this
Court as below:
S. No. Case No. & Case Title in High Court
1. LA.APP. 1143/2008
UOI &Anr. vs. Bhohti Deceased Through LRs
2. LA.APP. 1038/2008
UOI vs. Khazan Singh & Ors.
3. LA.APP. 1040/2008
UOI vs. Champa Devi Decd. Thr LRs.

4. LA.APP. 1042/2008
UOI vs. Richa Ram & Ors.
5. LA.APP. 1043/2008


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UOI vs. Phool Singh & Ors.
6. LA.APP. 1141/2008
UOI vs. Mansa Ram Decd. Thr. LRs & Ors.
7. LA.APP. 1142/2008
UOI vs Kishori @ Bhola Decd. Thr. LRs & Ors.
8. LA.APP. 1144/2008
UOI &Anr vs. Nathu & Ors.
9. LA.APP. 1145/2008
UOI vs. Balbir & Ors.
10. LA.APP. 1146/2008
UOI vs. Hari Kishan Decd. Thr LRs & Ors.
11. LA.APP. 1147/2008
UOI &Anr vs Sohan Thr. His LRs
12. LA.APP. 1148/2008
UOI vs. Khazan Singh Decd. Thr. LRs
13. LA.APP. 618/2009
Badley vs. UOI &Anr
33.1 The Garhi Mendu Judgment was challenged by the Appellants before
this Court. By an order dated 07.06.2011, this Court directed that the fair
market value per Bigha of the lands in the revenue estate of Garhi Mendu
would be Rs. 89,600/- per Bigha and not Rs. 90,102/- per Bigha as awarded
by the learned Reference Court. The amount of compensation for village
Garhi Mendu was kept at parity to Rs.89,600/- per Bigha in view of the
amounts awarded for the adjoining villages of Kilokari, Khizrabad and Nangli
Razapur. The relevant extract of order dated 07.06.2011 is set out below:
“8. Since in the decisions pronounced today pertaining to village Khizrabad,
Kilokari and Nangli Rajapur I have upheld the market value determined by
the learned Reference Court for said villages @ ₹89,600/- per bigha by
assigning the minimum value to the lands, I see no scope to further reduce
the market value of the lands in village Ghari Mendu and by way of an
illustration may simply state that on the poverty index, those who are listed
as Below Poverty Line would have no scope for further sub-classification as
'Below Poverty Line' and 'Little Below Poverty Line'.
9. I accordingly hold that the fair market value of the subject lands in village
Ghari Mendu as of 23.6.1989 would be ₹89,600/- per bigha and not
₹90,102/- per bigha worked out by the learned Reference Court .


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10. Accordingly, LA App.No.618/2009 filed by Badley seeking enhancement
of compensation is dismissed.
11. The Land Acquisition Appeals filed by Union of India are partly allowed
by modifying the Reference Order and decreeing ₹89,600/- to be the fair
market value per bigha of the subject lands in village Ghari Mendu which
are the subject matters of the appeals filed by Union of India and needless to
state on the said sum the land owners would be entitled to statutory benefits
under the Land Acquisition Act 1894 as interpreted in the decision reported
as Sunder Vs. Union of India 93 (2001) DLT 569. Cross objections in said
appeals filed by the land owners are dismissed.”
[Emphasis Supplied]
34. The Impugned Judgment has been made applicable in respect of the
lands comprised in the revenue estate of village Kilokari, Khizrabad, Nangli
Razapur and Garhi Mendu. It is clarified that not all agricultural land in the
revenue estate of these three villages was acquired, some part of land in these
villages were also de-notified under Section 48 of the LA Act.
The Award
35. The Kilokari Award which was passed for land admeasuring 2226
Bighas and 5 Biswas pursuant to notification under Section 4 of the LA Act,
relied upon the Office Order dated 03.05.1990 which conveyed the decision
of the Administration regarding fixation of minimum rise for agricultural land
to be taken into consideration by the LAC. It was further stated therein that it
would apply to all cases where land had been notified under Section 4 of the
LA Act after 27.04.1990. The Kilokari Award sets out that since the
notification in the present case was issued on 23.06.1989, the guidelines
issued prior to 1990 were to be used after working out a pro rata discount of
compensation at the rate of 15% per annum was calculated as Rs.27,344/- per
Bigha and the Award was made accordingly.


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35.1 The Kilokari Award further recorded the existence of 251 Safeda trees,
6 Shehtoot trees, 3 Amrood trees, 4 Neem trees and 1 Sheesham tree along
with a tubewell and a wall on the land. It further states that other than
boundary wall and one temple [which was not acquired], no other permanent
structure were found in existence at the time of the notification. The relevant
extract is below:
“Hence, in view of the guidelines conveyed by the Administration for
discounting the rates in regarding to notification issued prior to 1990, at the
rate of 15% per annum on this price of Rs.1.5 lacs per acre , after working out
the pro-rata discount of compensation works out to Rs.27,344/- per bigha i.e.
Rs.1,31,251/- per acre . Therefore, I assess the true and fair market value of the
land as per policy at Rs.27,344/- per bigha and award accordingly. No other
type of tree is available in any of the khasra under acquisition excepting some
Safeda tree and a few below mentioned, which are assessed as below:
251 Safeda Tree @ 100/- 25,100/-
6 Shahtoot @ 50/- 300/-
3 Amrood @ 50/- 150/-
4 Neem @ 125/- 500/-
1 Shisham @ 200/- 200/-
Total: 26,250/-
As regards tube well/well only one old well is recorded in zamabandi and that
too is un-usable for any purpose. So, no compensation deserves to be awarded.
Regarding structures only boundary wall were erected and no other
construction of permanent nature was found, in existence at the time of the
notification u/s 4 i.e., on 23.6.89, excepting one temple in Kh. No. 520 Min of
which, the possession was also not taken .”
[Emphasis Supplied]
The Reference Court Judgments
36. The first assessment of the market value for the acquired land was done
by the learned Reference Court in Attar Singh case, wherein learned
Reference Court had assessed the market value of the acquired land in village


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Khizrabad as Rs. 89,600/- per Bigha. Relying on the judgement in the Attar
Singh case, the learned Reference Court also decided other cases pertaining
to the village Khizrabad.
36.1 Since the land in village Kilokari was also located in the "Forward
Bund" in river bed and appeared to be similarly situated as in the case of land
acquired in village Khizrabad, the judgement in the Attar Singh case was
relied on by the learned Reference Court in LAC 1/2003 captioned Bed Ram
v. Union of India & Anr. decided on 18.10.2006 [the Impugned Judgment]
and the market value for the village Kilokari was assessed at the rate of Rs.
89,600/- per Bigha as well.
36.2 The land under acquisition in the village Nangli Razapur was also
found to be similarly situated to the land under acquisition in village Kilokari
and thus, learned Reference Court in LAC 2/1998 captioned Bhopal Singh v.
Union of India & Anr. decided on 29.08.2007 relied upon the Attar Singh
case and Bed Ram Reference Court case (the Impugned Judgment) and
assessed the market value of land in village Nangli Razapur at the rate of Rs.
89,600/- per Bigha.
36.3 The market value of the acquired land in village Garhi Mendu was
assessed by the learned Reference Court in LAC No. 96/01/2006 captioned as
Khazan Singh v. Union of India decided on 26.07.2007 at the rate of
Rs.90,102/- per Bigha. In the Garhi Mendu Judgment, the learned Reference
Court has relied upon the judgement in LAC 334/1/06 captioned as Smt.
Chawli Devi (decd.) through her LRs v. Union of India & Anr. decided on
31.05.2007 which had also assessed the market value of the land in the village
Garhi Mendu. The learned Reference Court in the Chawli Devi case relied


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upon the judgment of Bed Ram Reference Court case and Sri Ram & Anr v.
21
Union of India and Anr. to categorize the land of village Garhi Mendu to
be similarly situated with the land of village Khizrabad and Kilokari. The
learned Reference Court, however, relied upon Rameshwar Solanki and Anr.
22
v. UOI & Anr. to marginally enhance the market value of the acquired land
in Garhi Mendu to Rs. 90,102/- per Bigha as on the date of notification i.e.,
23.01.1989.
36.4 Thus, both the learned Reference Court as well as this Court in the Bed
Ram case judgment passed on 07.06.2011 has found the lands in village
Kilokari, Nangli Razapur, Khizrabad and Garhi Mendu to be similarly
situated for the purposes of award of compensation.
The Additional Evidence
37. As stated above, emphasis was placed by the learned Senior
Counsel/learned Counsel for the Appellants that in terms of the location of
land, the award by the Reference Court was not commensurate with the
potentiality of the land. Reliance was also placed on the awards given for
villages Jasola and Behlolpur Khadar. Relying on the Affidavit in evidence
dated 01.09.2015 filed by AW1/Karan Singh, it was contended that the
acquired land was under cultivation and the compensation as awarded for
village Behlolpur Khadar, which was adjoining and acquired by the same
notification was Rs.2.5 lacs per Bigha, and since this area was adjoining
village Behlolpur Khadar, similar compensation should have been awarded.
The witness also placed reliance on the Khasra Girdawari showing the land

21
LAC 13/2004 decided on 25.09.2006
22
57 (1995) DLT 410


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of the Appellant as well as the map of the location of the land. The witness
relied on the judgment dated 04.01.2011 passed in LAC 75/2008 captioned
23
Smt. Sudesh Bhatia v. Union of India & Anr. [hereinafter referred to as the
“Behlolpur Khadar Reference Court Judgment”] as well as in LAC 27/2012
24
captioned S.S. Dhillon v. Union of India & Anr. to submit that these awards
have not been challenged by the Respondent.
38. Two witnesses were produced by the Appellants before this Court, Mr.
Karan Singh and Mr. Kailash Sharma [AW-1 in LA.APP. 54/2011 and AW-
1 in LA.APP. 59/2007 respectively]. Mr. Karan Singh deposed on the Khasra
Girdavari showing notification of the land of the Appellants. He further
deposed that the compensation for the adjoining village of Behlolpur Khadar
which was acquired by the same notification was given at the rate of Rs.250/-
sq. yds. The deponent also relied on the Behlolpur Khadar Reference Court
Judgment which awarded Rs. 2.5 lakhs per Bigha for village Behlolpur
Khadar as well as the judgment in Jagdish Gulati case which awarded Rs.
49,41,000/- per Bigha for land situated in the village Jasola. In addition, he
confirmed that the land was being used by him for agricultural purposes. The
relevant extract of the evidence of Mr. Karan Singh is set out below:
“4. That it is pertinent to mention here that the instant Appeal of the Appellants
i.e., L.A.APP NO. 54 OF 2011 titled Karan Singh vs. Union of India & Ors, was
treated as the lead case before the Hon'ble Supreme Court of India as Civil Appeal
No. 11236 of 2011 and it is on the basis of these additional documents (the Eicher
map showing the location of the land of the instant Appellant, the khasra
Girdawri showing cultivation on the land of the Appellant herein,
Judgments/Awards by the Court of the LD.ADJ @ Rs.250 per Sq Yard in the
adjoining Village Behlolpur which was acquired vide the same notification on
the same date and for the same purpose) which were filed before the Hon'ble
Supreme Court that the Hon'ble Apex court vide its order/judgment dated
13.01.2015 had granted an opportunity to the Appellant herein to file these

23
LAC 75/2008: Judgment dated 04.01.2011 –District Courts
24
LAC 27/2012: Judgment dated 03.12.2014


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documents before this Hon'ble court for being considered prior to adjudging the
quantum of compensation to be awarded to the Appellant herein in comparison to
the compensation so awarded earlier. It is further significant to mention that the
benefit of the said order/Judgment dated 13.01.2015 so passed by the Hon'ble
Supreme Court was extended to all other Appellants who were before the Hon'ble
Supreme court then and are now before this Hon'ble Court.
5. That the Copy of the Eicher map showing the location of the land of the
Appellant is marked as Exhibit AW1/2 (already filed in L.A.APP NO. 54 OF 2011
at page number 477.)
6. That the true copy of the Khasra girdawari showing the land of the Appellant
herein as being used for agricultural purposes is marked as Exhibit AW1/3
(already filed in L.A.APP NO. 54 OF 2011 at page number 350-359.) (Original is
in the possession of the Appellant and can be produced as and when directed by
this Hon'ble Court).”
[Emphasis supplied]
38.1 In his cross-examination conducted on 23.01.2016 by the Respondents
the witness deposed that the nomenclature of the land was 'Sailabi', which
when translated meant flood in the English translation filed. The witness also
clarified that 'Sailabi' as mentioned in Khasra Girdavari meant the area in
close proximity to the river Yamuna and that the Khasra Girdawari showed
the cultivation carried out on the land. He further deposed that there were
several established institutions like the women polytechnic, CRRI staff
quarters which came into existence in the vicinity of the acquired land in the
period from 1965-75. In addition, he deposed that the Eicher Map was filed
to show the proximity of the land to Kalindi Kunj which was near Maharani
Bagh the women polytechnic came into being in the year 1978-80. The
relevant extract of the cross-examination is set out below:
“23.01.2016
AW1 Statement of Mr. Karan Singh, S/o Late Sh. Likhi Ram, aged about
53 years, R/o 88, Taimur Nagar, Near New Friends Colony. New Delhi
110065, On SA.
xxx xxx xxx
My land which has been acquired by the Government bears Khasra No.
860 in Revenue Estate of Village Kilokri.


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Q. What is the meaning of flood mentioned in Khasra Girdawari at
running pages 350-359 in LA. APP. 54/2011 (Ex. AW1/3).
Ans. The translator who-did translation of Khasra Girdawari has
described the Urdu word Sailabi as ‘flood' in English. (Volunteered).
This Khasra Girdawari also mentions details of the cultivation carried
out in the particular years.
The Eicher Map (Ex. AW1/2) filed by me along with my affidavit was
prepared in the year 2012. (Volunteered) if required, I can produce the
original book carrying this map also. I was not at all associated with the
preparation of this Eicher Map (Ex. AW1/2). (Volunteered) It was filed
only to show the proximity of my land to Kalindi Colony. I never applied
to the MCD seeking sanction of the layout plan with respect to land in
question.
The Kalindi Colony near Maharani Bagh started developing from the
year 1970. I do not know about the completion of development of that
area. Likewise, Maharani Bagh was also developed in the years 1965-
70. The Women Polytechnic in Maharani Bagh came into being
approximately in the year 1978-80. CRRI Staff Quarters came into
existence in the year 1975-76 Akshardham Temple also came into
existence about 10-12 years back Common Wealth Garnes were held, in
the year 2010.
According to me, the 'posh colony' means a colony which has all the
civic amenities and facilities for the convenience of the residents.
According to me, the word 'Sailabi' means the area which is in close
proximity to the river Yamuna and has been categorised as such. The
other colonies at Maharani Bagh, Kalindi Colony, New Friends Colony
have been categorized as plain land. I have never raised any objection to
the word ‘Sailibi' [sic; Sailabi] mentioned in Khasra Girdawari (Ex.
AW1/3) in relation to my land.”
[Emphasis Supplied]
39. The other witness - son of Shri Bed Ram, Shri Kailash Sharma, also
deposed before this Court by way of an Affidavit dated 14.09.2015. The said
Kailash Sharma deposed that the acquired land in village Kilokari touches
New Friends Colony, Kalindi Colony, Maharani Bagh and various other
colonies of Delhi and is in the vicinity of Akshardham Temple and Common
Wealth Game Village Complex. The witness deposed that the acquired land
is neither the river bed nor the flood plain since the land which was submerged


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and/or submergible had already been de-notified on 25.05.1995 from the area
under acquisition under Section 48 of the LA Act. He also relied on the Award
of village Behlolpur Khadar as decided in the Behlolpur Khadar Reference
Court Judgment dated 04.01.2011 as well as the award qua village Jasola. It
was deposed that the villages Kilokari, Khizrabad, Nangli Razapur, Behlolpur
Khadar and Jasola had already been urbanised prior to the 23.06.1989
Notification under Section 4 of the LA Act. The relevant extract is set out
below:
"6. That in the earlier acquired land of Village Kilokari, several posh colonies
like New Friends Colony, Maharani Bagh, Kalindi Colony, Women
Polytechnic, Central Road Research Institute had already been developed and
the remaining land of these villages was acquired vide above said notification
dated 23.06.1989 under Section 4 of the Land Acquisition Act.
7. That the presently acquired land is neither riverbed nor floodplain because
the land which was submerged or submergible has already been de-notified
under Section 48 of the Land Acquisition Act (already on record).
8. That the presently acquired land of Village Kilokari touches New Friends
Colony, Kalindi Colony, Maharani Bagh, Women Polytechnic, Central Road
Research Institute, Ring Road and Indraprastha. Akshardham Temple and
Common Wealth Game Village Complex are also in the vicinity.
xxxx xxxx xxxx xxxx
15. That as the presently acquired land of the appellant in Village Kilokari is of
the same kind/nature and enjoys better location and has been acquired for the
same purpose, the appellant cannot be treated discriminately and therefore, in
view of the steep rise in the market value of the land after 1959 and in view of the
evidence placed on record, the appellant deserves the same market value of the
entire acquire land ."
[Emphasis supplied]
39.1 The deponent was cross-examined by the Respondents on various
aspects including as to whether any layout or sanction plans were applied for
change of land use in the village which was answered in the negative. He
further deposed that he was running a shop in village Kilokari since the year
1996 doing the business of paint and hardware. The witness also deposed that


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for the last 50 years or so, he never experienced any flood or water logging in
the land. He further deposed that they had been cultivating the land in question
since the year 1989. The relevant extract of this cross-examination conducted
on 23.01.2016 is set out below:
23.01.2016
AW1
Statement of Mr. Kailash Sharma, S/o Sh. Bed Ram, aged about 5.5
years, R/O D-63, East of Kailash, New Delhi-110065.
On S A.
xxx xxx xxx xxx
I am running the business of paints and hardware and I have a shop at
Village Kilokri [sic: Kilokari] since 1996 . I have brought all the papers in
Court which are relevant to the present case. Whatever I have stated in
para-9 of the affidavit is on the basis of my personal knowledge.
I am related to the disputes of land in question for the last 25 years. I have
never applied to MCD seeking sanction of the layout plan in respect of
land in question. I have never experienced any flood or water logging on
the land in question for the last 50 years . (Volunteered) I am presently
50 years of age and to my knowledge I have never experienced any flood
or water logging in respect of land in question during my lifetime.
According to my knowledge, Maharani Bagh was developed between
1959-65. New Friends Colony was also developed during the said period.
Same is the position with Kalindi Colony. The Women Polytechnic came
into being in Maharani Bagh area in the years 1965-70. Same is the
position with CRRI. Akshardhan Temple came into existence during the
period after acquisition and before Common Wealth Games started in
Delhi. We had been cultivating the land in question till it was acquired
in the year 1989."
[Emphasis Supplied]
40. Both the witnesses, Shri Kailash Shama as well as Shri Karan Singh
had in their cross-examination referred to the facts that the land adjacent to
the acquired land included the ‘posh colonies’ of Maharani Bagh and New
Friends Colony, which were developed in the 1960s. They further deposed
that there was a women’s polytechnic in the Maharani Bagh area in the 1960-


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25
70s and as did the CRRI staff quarters. Shri Karan Singh also deposed that
these colonies of Maharani Bagh and New Friends Colony etc. had all civic
amenities and facilities for the convenience of the residence.
41. The Respondents on the other hand placed on record an Affidavit dated
24.05.2016 of the Naib Tehsildar of the Office of the LAC, Shri Ravinder
Dang, as RW-1. The said witness referred to the water logging in the areas of
Sidharth Nagar and South East Delhi and relied on an inspection report in that
behalf. The Respondent’s witness also relied on an inspection report carried
out by the Central Ground Water Board (CGWB) where the technical expert
of the CGWB as noted in paragraph 4 of the report that the historical level
data shows that the wells located at Kalindi Colony, Maharani Bagh and Sarai
Kalen Khan being in proximity of the river Yamuna have a shallow ground
water levels varying from less than 2 to 4 meters below ground level, in the
following terms:
“EVIDENCE BY WAY OF AFFADVIT ON BEHALF OF UNION OF
INDIA
I, Ravinder Dang, aged 50 years S/o Sh. Kesar Dass. Presently Posted As
Naib Tehsildar With the Office Of Land Acquisition Collector,
South/East, Having Its Office At Lajpat Nagar-IV, New Delhi do hereby
solemnly affirm and declare as under:
“2. That I say that the answering respondent/UOI on the other hand intend
to prove that the compensation as was granted by the than Land
Acquisition Collector under the captioned Award was just and fair and the
same does not require any enhancement by the Hon’ble Court.
3. That I say that it is stated that in the third week of May 2016, the counsel
for the UOI has informed about one writ petition bearing W.P.(C) No.
7957/2014 titled Mohan Lal Ahuja v. Delhi Jal Board which stated to have
pertained to the problem of water logging in Siddharth Nagar and
adjoining areas of South-East Delhi. The counsel further informed that the
Hon'ble Court has passed orders to conduct an inspection as to the reasons
of the water logging in Siddharth Nagar and its adjoining areas. The
counsel further informed that the Central Ground Water Board has

25
Both witnesses gave different years


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conducted an inspection in Siddharth Nagar and adjoining areas of South
East Delhi to check the cause of water logging problem and have submitted
a report thereto. A copy of the inspection report carried out by the Central
Ground Water Board was also placed before the office of answering
respondent . The technical experts of Central Ground Water Board must
have carried out the said inspection and it has been noted in para 4 of the
said report that the historical water level data of its observation wells
located at Batla House, Kalindi Kunj. Maharani Bagh and Sarai Kale
Khan reveals that these areas being the proximity of Yamuna river have
shallow ground water levels varying from less than 2 to 4 meters below
ground level. A copy of the said inspection report has been filed before the
Hon'ble Court and is exhibited as Ex. RW1/1.”
[Emphasis supplied]

41.1 In the cross-examination conducted by the Appellant on 23.09.2016,
the said witness confirmed that the areas of Maharani Bagh, Kalindi Colony,
New Friends Colony, Central Road Research Institute [CRRI] and the Village
Polytechnic are part of the villages of Behlolpur Khadar, Kilokari, Khizrabad
and now also Jasola. He further affirmed that these are adjoining to ITO,
Ashram Chowk and the Ring Road.
41.2 The witness also deposed that there were multi-storeyed buildings
including DDA flats constructed in Siddharth Nagar and Bhagwan Nagar. In
addition, the witness affirmed that the areas of Maharani Bagh and New
Friends Colony and Siddharth Nagar were developed 30 years ago. The
relevant extract of the cross-examination is set out below:
“STATEMENT OF RW-1: MR. RAVINDER DANG, S/O SH, KESAR
DASS. PRESENTLY POSTED AS NAIB TEHSILDAR WITH OFFICE OF
LAND ACQUISITION COLLECTOR, SOUTH/EAST, HAVING ITS
OFFICE AT LAJPAT NAGAR-IV, NEW DELHI
ON S.A.

Q. I put it to you that the areas, namely, Maharani Bagh, Kalandi Colony, New
Friends Colony, Central Road Research Institute and Women Polytechnic are
situated in the previously acquired lands which are part of the villages, namely,
Behloorpur [sic : Behlolpur]. Khizrabad and Kilokari. What do you have to
say?


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A. It is correct that the areas, namely, Maharani Bagh, Kalandi Colony, New
Friends Colony, Central Road Research Institute and Women Polytechnic
are part of the villages, namely, Behlolpur, Khizrabad, Kilokari and also
Jasola.
It is correct that the villages, namely, Behloorpur [sic: Behlolpur], Khizrabad
and Kilokari are adjoining to the Ring Road i.e. from ITO to Ashram Chowk
via Sarai Kale Khan .
It is correct that Maharani Bagh and Kalandi Colony also are adjoining to
the Ring Road.
It is correct that Siddharth Nagar and Bhagwan Nagar are situated adjacent
to each other and both the areas are adjoining the Naala.
It is correct that both in Siddharth Nagar and Bhagwan Nagar buildings to the
extent of four floors are constructed.
It is also correct that multi storied buildings are constructed and existing in
areas Maharani Bagh, Kalandi Colony and New Friends Colony.
I do not know exactly how many years it is, since Maharani Bagh, Kalandi
Clony [sic: colony], New Friends Colony, Siddharth Nagar and Bhagwan
Nagar have been developed.
Q: I put it to you that there are DDA Flats constructed in Siddharth Nagar
and Siddharth Nagar Extension. What do you have to say?
It is correct. Again said, I am sure of DDA Flats in Siddharth Nagar
Extension. But I do not know about DDA Flats in Siddharth Nagar .
Q. Can you deny the fact that the areas, namely, Maharani Bagh, Kalandi
Clony [sic : colony], New Friends Colony, Siddharth Nagar and Bhagwan
Nagar are developed way back 30-40 years?
A. It is correct that they are developed for more than 30 years.
I do not know exactly in the land of which village the Akshardham and Common
Wealth Village are constructed. May be in Behloorpur [sic : Behlolpur]
Village.
I have not seen the land of Village Nangli Razapur:
I do not know exactly whether Mayur Vihar is situated on one side of the
land in village Nangli Razapur.
I do not know exactly whether Chiraga Janabi area is there in our revenue
records. I can say that only after seeing the record.
I am not sure whether Indraprastha is adjoining to Village Chiraga Janubi.
It is correct that, Indraprastha Millenium Depot is adjacent to village
Behlolpur .”
[Emphasis Supplied]


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41.3 In the further cross-examination of the Respondents’ witness, it was
deposed that the Akshardham as well as the Commonwealth Games Village
are situated in the area adjacent. The witness deposed that there was a
construction like "power station" with chimney on the river side of the ‘Ring
Road’ adjacent to the petrol pump in the acquired land. He deposed that the
land in village Nangli Razapur is opposite to Akshardham which is located on
the other side of the Nazimuddin Bridge and that the Indraprastha Millenium
Depot is adjacent to Village Behlolpur Khadar. The witness also deposed
about the Mayur Vihar area and the fact that there were DDA flats constructed
in that area. A question was put to the witnesses as to whether the acquired
land was given for the DND flyover or other commercial venture to which the
witness responded that he was not aware and that he could not say whether
the record was available or not. The relevant extract is below:
STATEMENT OF RW-1: MR. RAVINDER DANG (recalled for further
cross-examination post lunch)

Q. I put it to you that an area named Taimoor Nagar Extension has been
developed with multi storied buildings in the acquired land unauthorisingly.
What do you say?
A. I do not know.
There is some construction like power station with chimney on the river side
of the ring Road adjacent to the petrol pump in the acquired land , however,
I am not sure whether it is a power station.
It is correct that the acquired land of village Nangli Razapur and Behloorpur
[sic: Behlolpur] are opposite to each other and near Chiraga Janubi as per the
map prepared by the reference court on the directions of Hon'ble High Court.
The Akshardham and Common Wealth Games Village are adjacent to each
other and both of them are on the same side of Nizammuddin Bridge.
It is correct that the land of Nangli Razapur is opposite to Akshardham and
Common Wealth Games Village and situated on the other side of the
Nizammuddin Bridge.
I do not know whether there was any de-notification with regard to the part
of notified land in Nangii Razapur, Kilokari, Behloorpur and Khizrabad.


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I have seen DND flyover. I do not know exactly in the land of which village
the same is constructed.
It is correct that toll tax is imposed on vehicular traffic on DND flyover. I do
not know the toll tax on DND flyover is collected by a private company. It is
correct that DND flyover is a commercial venture. I do not know the DND
flyover was planned even before year 1990.
I do not know whether the land was given for commercial venture like DND
flyover from the acquired land in the villages Kilokari and Khizrabad. I can
say only after seeing the record but I cannot say whether the record is
available or not.
I have not seen the site of acquired land in the village Jasola.
In the map prepared by the Presiding Officer of the Reference Court, acquired
land of Village Jasola is also shown. I do not know whether the land of village
Jasola and the land of villages Kilokari and Khizrabad and Behloorpur [sic:
Behlolpur] were acquired by the same notification dated 23.06.1989 in the year
1989.
Q. I put it to you that all the acquired lands of villages Kilokari, Khizrabad,
Behloorpur [sic: Behlolpur], Nagli Razapur Jasola were acquired by a single
notification dated 23.06.1989 for the single purpose of channelization of
river Yamuna and for the planned development of Delhi. Is it correct or not ?
A. I do not know.
Q. Where is Batla House situated?
A. Near Okhla. I have not visited the places Batla House and Kalindi Kunj.
I do not have the personal knowledge of any of the particulars of the
W.P.(C)7957/2014.
I have visited Mayur Vihar about one to one and half year ago.
It is correct that DDA Flats are constructed in the area Mayur Vihar.
The said DDA Flats are may be of 3 or 4 floors. I do not know whether there
are any DDA Flats with ten floors are constructed in Mayur Vihar.
I do not know whether there are any five star hotels namely "Double Tree' and
'Hilton' also constructed in Mayur Vihar.
Q. I put it to you that an event i.e. world cultural festival was also organized
recently by Shri. Ravi Shankar on 11.03.2016 in the acquired lands which are
adjacent to DND Flyover. What do say?
A. I do not know. I have come to know about the program only from news
channels. I do not know whether any permission was granted by our
department for conducting the above said program.”
[Emphasis supplied]


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41.4 The witness additionally deposed in his cross-examination that there is
problem of water logging in the Siddharth Nagar. The reference to Siddharth
Nagar in the Affidavit was explained as being an adjoining area to the acquired
land and an area with problem of water logging. The witness also confirmed
that while Siddharth Nagar is in a category ‘E’ colony, Maharani Bagh is in
category ‘A’ colony, on being confronted with a book of circle rates. The
relevant extract is set out below:
XXXXX by Sh. Amit Khemka, Id. counsel for appellant in I.No. 87 i.e. LA.
APP. 54/2011
Q. Why you have mentioned Siddharth Nagar in your affidavit.
A. As per report ie. Mark-A, there is problem of water logging in Siddharth
Nagar and that is the reason I have mentioned about Siddharth Nagar in my
affidavit.
Q. What is the connection of Siddharth Nagar with village or Kilokari,
Khizrabad, Behloorpur, Nagli Razapur Jasdia?
A. Siddharth Nagar, is an adjoining area to the acquired land and there is
problem of water logging in Siddharth Nager.
My answer is same with respect to areas Maharani Bagh, Sarai Kale Khan,
Kalindi Kunj, Batla House. (Volunteers The said areas including Siddharth
Nagar are on the other side of the Ring Road).
Again said: to my knowledge only Siddharth Nager is on the other side of the
Ring Road but for the other areas like Maharani Bagh, Saral Kale Khan,
Kalindi Kunj, Batla House, I do not know.
At this stage, witness is shown the page no. 102 of the book "Circle Rates,
Edition 2016" (Commercial Law Publishers Pvt. Ltd). It is correct that the
Siddharth Nagar is shown on page 102 at Serial No. 2059 in category 'E' at
point 'A'. The entire book is taken on record as Ex. R1W1/D1
Maharani Bagh is shown on page 64 at point in the category "A" of Ex.
R1W1/01 .
Q. I put it to you that construction of flats at Commonwealth Games Village
does not become the part of channelization of part of river Yamuna?
A. 1 cannot say.
…”
[Emphasis Supplied]




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The Statute
42. Sections 23 and 24 of the LA Act set out the principles based on which
compensation can be awarded [Section 23] and what not to take into
consideration while computing the compensation [Section 24]. In determining
compensation for the acquired land, the Court is required to consider all
relevant factors as provided under Section 23(1) of the LA Act. It is apposite
to extract Section 23 and Section 24 of the LA Act which are set out below:
"23. Matters to be considered in determining compensation .-(1) In
determining the amount of compensation to be awarded for land acquired
under this Act, the Court shall take into consideration-
first, the market value of the land at the date of the publication
of the [notification under section 4, sub-section (1)];
secondly, the damage sustained by the person interested, by reason
of the taking of any standing crops or trees which may be
on the land at the time of the Collector's taking possession
thereof;
thirdly,

the damage (if any), sustained by the person interested, at
the time of the Collector's taking possession of the land, by
reason of severing such land from his other land;
fourthly, the damage (if any), sustained by the person interested, at
the time of the Collector's taking possession of the land, by
reason of the acquisition injuriously affecting his other
property, movable or immovable, in any other manner, or
his earnings;
fifthly, if, in consequence of the acquisition of the land by the
Collector, the person interested is compelled to change his
residence or place of business, the reasonable expenses (if
any) incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of
the profits of the land between the time of the publication
of the declaration under section 6 and the time of the
Collector's taking possession of the land.
(1A) In addition to the market value of the land, as above provided, the Court
shall in every case award an amount calculated at the rate of twelve per
centum per annum on such market value for the period commencing on and
from the date of the publication of the notification under section 4, sub-
section(1), in respect of such land to the date of the award of the Collector or


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the date of taking possession of the land, whichever is earlier.
Explanation. In computing the period referred to in this sub-section, any
period or periods during which the proceedings for the acquisition of the land
were held up on account of any stay or injunction by the order of any Court
shall be excluded.]
(2) In addition to the market-value of the land as above provided, the Court
shall in every case award a sum of [thirty per centum] on such market-value,
in consideration of the compulsory nature of the acquisition."
24. Matters to be neglected in determining compensation. —
But the Court shall not take into consideration—
first, the degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the land
acquired;
thirdly, any damage sustained by him, which, if caused by a private person,
would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after
the date of the publication of the declaration under Section 6, by or in
consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to accrue from the
use to which it will be put when acquired;
sixthly, any increase to the value of the other land of the person interested
likely to accrue from the use to which the land acquired will be put;
seventhly, any outlay or improvements on, or disposal of, the land acquired,
commenced, made or effected without the sanction of the Collector after the
date of the publication of the 49[notification under Section 4, sub-section
(1)]; or
eighthly, any increase to the value of the land on account of its being put to
any use which is forbidden by land or opposed to public policy."
[Emphasis supplied]
42.1 Section 28A of the LA Act provides that where compensation in excess
of the amounts awarded by the LAC is awarded by the Court to persons
interested, all persons whose land is covered by the same notification, once
determined judicially, shall be awarded compensation as re-determined by the


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Court, regardless of whether they have made an Application for such
enhancement. Section 28A of the LA Act reads as follows:
28A. Re-determination of the amount of compensation on the basis of the
award of the Court. –
(1) where in an award under this part, the court allows to the applicant any
amount of compensation in excess of the amount awarded by the collector
under section 11, the persons interested in all the other land covered by the
same notification under section 4, sub-section (1) and who are also aggrieved
by the award of the Collector may, notwithstanding that they had not made an
application to the Collector under section 18, by written application to the
Collector within three months from the date of the award of the Court require
that the amount of compensation payable to them may be re-determined on
the basis of the amount of compensation awarded by the court : Provided that
in computing the period of three months within which an application to the
Collector shall be made under this sub-section, the day on which the award
was pronounced and the time requisite for obtaining a copy of the award shall
be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1),
conduct an inquiry after giving notice to all the persons interested and giving
them a reasonable opportunity of being heard, and make an award determining
the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2) may, by
written application to the Collector, required that the matter be referred by the
Collector for the determination of the Court and the provisions of sections 18
to 28 shall, so far as may be, apply to such reference as they apply to a
reference under section 18.”
[Emphasis supplied]
42.2 The Supreme Court in Narendra case, while explaining Section 28A
of the LA Act has held that once a particular rate of compensation is judicially
determined, the benefit must be given to all, even those who could not
approach the Court. It held that even in the absence of exemplars and other
evidence, a higher compensation can be allowed for those whose land was
acquired under the same notification. The Court explained that what needs to
be kept in mind in the matter of compulsory acquisition by the Government
is that the villagers whose land gets acquired are not willing parties but are


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compelled to sell their land to the State for a public purpose. It was held that
failing to award similar compensation would lead to lands situated in similar
areas would lead to discrimination to the land owners. The relevant extract of
Narendra case is below:
“3. In this backdrop, the question that falls for consideration is as to whether
the High Court was precluded from granting compensation at the rate of Rs
297 per square yard which was the rate of compensation awarded to other
farmers of the said village whose lands were acquired under the same
Notification and were similarly situated ?
xxx xxx xxx
7. It transpires from the bare reading of the aforesaid provision that even in
the absence of exemplars and other evidence, higher compensation can be
allowed for others whose land was acquired under the same notification.
8. The purpose and objective behind the aforesaid provision is salutary in
nature. It is kept in mind that those landowners who are agriculturist in most
of the cases, and whose land is acquired for public purpose should get fair
compensation. Once a particular rate of compensation is judicially
determined, which becomes a fair compensation, benefit thereof is to be given
even to those who could not approach the court . It is with this aim the
aforesaid provision is incorporated by the legislature. Once we keep the
aforesaid purpose in mind, the mere fact that the compensation which was
claimed by some of the villagers was at lesser rate than the compensation
which is ultimately determined to be fair compensation, should not be a ground
to deny such persons appropriate and fair compensation on the ground that
they claimed compensation at a lesser rate. In such cases, strict rule of
pleadings are not be made applicable and rendering substantial justice to the
parties has to be the paramount consideration. It is to be kept in mind that in
the matter of compulsory acquisition of lands by the Government, the
villagers whose land gets acquired are not willing parties. It was not their
voluntary act to sell off their land. They were compelled to give the land to
the State for public purpose. For this purpose, the consideration which is to
be paid to them is also not of their choice. On the contrary, as per the scheme
of the Act, the rate at which compensation should be paid to the persons
divested of their land is determined by the Land Acquisition Collector. The
Scheme further provides that his determination is subject to judicial scrutiny
in the form of reference to the District Judge and appeal to the High Court,
etc. In order to ensure that the landowners are given proper compensation,
the Act provides for “fair compensation”. Once such a fair compensation is
determined judicially, all landowners whose land was taken away by the same
notification should become the beneficiary thereof. Not only it is an aspect
of good governance, failing to do so would also amount to discrimination by


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giving different treatment to the persons though identically situated. On
technical grounds, like the one adopted by the High Court in the impugned
judgment, this fair treatment cannot be denied to them.”
[Emphasis supplied]
Compensation awarded in Village Behlolpur Khadar & Jasola
43. The principal contention that has been traversed by the learned Senior
Counsel/learned Counsel for the Appellants is that the compensation that has
been awarded to the Appellants in the four villages of Khizrabad, Kilokari,
Nangli Razapur and Garhi Mendu is not in accordance with the compensation
as awarded for the villages of Behlolpur Khadar and Jasola. It is the contention
of the Appellants that the acquired land while being in the “Forward Bund”
area was still being utilized for agriculture. Relying on Section 28A of the LA
Act, it is contended that the compensation as awarded for the acquired land in
the adjoining villages such as Behlolpur Khadar should also be similarly
awarded to the Appellants as well.
44. A similar argument was taken before the Supreme Court in the
judgment of Om Prakash case. In the Om Prakash case, the notification was
issued for the acquisition of 3 villages i.e., Bhorgarh, Kureni and Mamurpur,
which were located side by side while, the Collector categorised the land into
3 categories, the learned Reference Court gave a finding that the land being
similarly situated should be assessed uniformly. The High Court found that in
several judgments, escalation had been granted on differing rates
progressively. However, it also noted that market value of agricultural land
was less than land which could be used for commercial purposes and
enhanced the compensation in a uniform manner across 3 villages. This


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compensation was upheld by the Supreme Court. The relevant extract of the
Om Prakash case is below:
“4. On 2-6-1983, a notification was issued under Section 4(1) of the Act,
whereby the lands for certain parcels situated within the said area were sought
to be acquired for the public purpose of construction of godowns for Food
Corporation of India. This was followed by a declaration under Section 6 of
the Act made on 22-7-1983. Further proceedings under the Act ensued and on
5-9-1983, the Land Acquisition Collector made an award in each of the cases.
The Collector categorised the lands falling for acquisition into three blocks,
namely, ‘A’, ‘B’ and ‘C’ . He awarded a compensation of Rs. 10,000 per bigha
for land in Block ‘A’, Rs 8000 per bigha for land in Block ‘B’ and Rs 5000 per
bigha for land in Block ‘C’. He also awarded compensation for wells, trees and
structures. Not being satisfied with the compensation awarded by the
Collector, the claimants moved for references under Section 18 of the Act. The
Reference Court by its judgment dated 12-3-1999 enhanced the market value
of the acquired lands to a uniform rate of Rs 36,300 per bigha as on the date
of the notification under Section 4 of the Act. It also granted other reliefs
available under the Act.
xxx xxx xxx
6 . In Civil Appeals Nos. 5708-09 of 2002, the appellant claimants have
impugned the judgment of the High Court while the Union of India is in appeal
in Civil Appeals Nos. 8591-92 of 2003 and civil appeals arising out of SLPs
Nos. 21335, 21342-43, 23385 of 2002, 1632 and 12968 of 2003.
7 . The only question argued before us was the assessment of the market value
of the acquired lands as on the date of the notification under Section 4 of the
Act. No other issue was canvassed. The High Court has correctly found that
the topography, potentiality and advantages attached to and available to the
lands in the five adjoining villages, namely, Bhorgarh, Kureni, Mamurpur,
Narela and Tikri Khurd were almost the same on the date when the
notification under Section 4 was issued. It also referred to the fact that in its
judgment in Dharambir v. Union of India [ RFA No. 554 of 1992, decided on
23-9-1996] the market value of the land had been assessed at Rs 25,000 per
bigha as against the assessment made by the Reference Court @ Rs 17,500
per bigha. An appeal therefrom was carried to this Court and is the subject-
matter of the decision of this Court in Union of India v. Dharambir [ CA No.
4405 of 1997] . While allowing the appeal of the State Government, this Court
held that Rs 16,750 per bigha was the fair market value of all categories of
land situate at Village Mamurpur as on the date of the notification under
Section 4 of the Act i.e. on 30-10-1963.
xxx xxx xxx
11. 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


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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 [RFA No. 554 of
1992, decided on 23-9-1996] 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 lands 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 .”
[Emphasis supplied]
45. The Supreme Court in K. Periasami Vs. Sub-Tehsildar (Land
26
Acquisition) has held that since the land of the Appellant was held by the
LAC to be in a more advantageous position and a higher rate of compensation
was awarded to such land, the other lands situated in the same area acquired
by the same notification were also entitled to compensation at parity and the
compensation was enhanced accordingly. The relevant extract of the K.
Periasami case is out below:
“2. It is not disputed that the market value of lands acquired pursuant to the
said notification has been determined by different Benches of the High Court
such as Appeal Nos. 538 of 1987 and 1226 of 1986 titled Special Tehsildar,

26
(1994) 4 SCC 180


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Land Acquisition v. Lakshmi Ammal. The lands for which the Land Acquisition
Officer had awarded at the rate of Rs 70 per cent and the civil court on
reference, had enhanced such rate to Rs 850 per cent, the High Court on appeal
had enhanced the rate in two cases to Rs 1000 per cent and in two other cases
to Rs 1050 per cent. Since the lands under consideration in the present
appeals are situated in the same area and were acquired under the same
acquisition and the Land Acquisition Officer himself had treated the lands
to be in a better advantageous position than the lands covered in the other
appeals, it would be clear that the lands in these appeals are possessed of better
advantageous features than the lands covered by the judgment in other appeals
by fixing their value at the rate of Rs 92 per cent. This fact was not noticed by
the learned Judge, while disposing of the appeals, as it is observed that there
is no evidence as to parity of the advantageous position of the lands to award
the same compensation. The observation appears to be incorrect. The
treatment of the lands by the Land Acquisition Officer himself by awarding
to them a rate of Rs 92 per cent in these appeals while he had awarded the
rate of Rs 70 per cent of lands in the other appeals furnishes the intrinsic
evidence that the lands in question are situated in a better advantageous
position than the lands concerned in the other appeals. When such is the
situation, the appellant also is entitled to parity of market value for the
acquired lands.
[Emphasis Supplied]
46. The Appellant has contended that the learned Reference Court failed to
consider the exemplar which was placed on record. It was contended that the
Respondents produced 5 exemplars of village Kilokari and the highest
exemplar is to be considered and not by averaging the different types of sale
prices for calculating compensation. Reliance was placed on the Anjani Molu
Dessai case. The Supreme Court has held that where lands are sold under a
sale deed and acquired lands of similar nature, there is no justification in
taking the lower value of the land. The Court was discussing the under-
developed or ‘bharad’ lands and held that even where there are several
exemplars with reference to similar lands, usually the highest exemplar,
which is a bonafide transaction, is to be taken into consideration. It was further
held that where the values as disclosed in sale deeds for the same area is
different, these cannot be averaged out unless there are several sale deeds in


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a narrow bandwidth and the proper method would be by taking the highest
exemplar, unless there are strong circumstances justifying otherwise. The
relevant extract of the Anjani Molu Dessai case is set out below:
“16. The Land Acquisition Collector however committed a serious error in
deducting 45% from the sale price disclosed by the sale deed dated 30-8-1989
towards the cost of development. It is well settled that deduction for
development cost has to be made only where the value of a small
residential/commercial/industrial plot of land in a developed layout is made
the basis for arriving at the market value of a nearly large tract of undeveloped
agricultural land. Where the land sold under the relied upon sale deed and
the acquired lands are both of similar nature (as in this case where both are
bharad lands) the question of making any deduction towards development
cost to arrive at the cost of “undeveloped land” would not arise. Such a
deduction would have been necessary if the sale deed relied upon related to
a developed residential or commercial plot . Therefore, we are of the view that
the Land Acquisition Collector was not justified in making 45% deduction from
the price disclosed by the sale deed dated 30-8-1989.
xxxx xxxx xxxx xxxx
19. Further, the award of the Collector specifically states that the land sold
under the sale deed dated 30-8-1989 is a similar land, that is, a bharad land at
a distance of 200 m. Significantly, there is no such finding that the subject-
matter of the second sale dated 31-1-1990 which was one kilometre away, was
a similarly situated land. The sale deed dated 31-1-1990 should therefore be
inferred to be either an undervalued sale or a distress sale or at all events not
a comparable sale. The Land Acquisition Collector was not therefore justified
in averaging the sale prices of the two sale deeds. Once it is found that the
first sale deed was in regard to a comparable land and the second sale deed
was not in regard to a comparable land, the second sale deed dated 31-1-1990
ought to have been excluded from consideration.
20 . The legal position is that even where there are several exemplars with
reference to similar lands, usually the highest of the exemplars, which is a
bona fide transaction, will be considered. Where however there are several
sales of similar lands whose prices range in a narrow bandwidth, the average
thereof can be taken, as representing the market price. But where the values
disclosed in respect of two sales are markedly different, it can only lead to an
inference that they are with reference to dissimilar lands or that the lower
value sale is on account of undervaluation or other price depressing reasons.
Consequently, averaging cannot be resorted to. We may refer to two decisions
of this Court in this behalf.
21. In M. Vijayalakshmamma Rao Bahadur v. Collector of Madras [(1969) 1
MLJ 45], a three-Judge Bench of this Court observed that the proper method
for evaluation of market value is by taking the highest of the exemplars and


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not by averaging of different types of sale transactions. This Court held: (MLJ
pp. 46-47)
“It seems to us that there is substance in the first contention of Mr Ram
Reddy. After all when the land is being compulsorily taken away from a
person, he is entitled to say that he should be given the highest value
which similar land in the locality is shown to have fetched in a bona fide
transaction entered into between a willing purchaser and a willing seller
near about the time of the acquisition. It is not disputed that the
transaction represented by Ext. R-19 was a few months prior to the
notification under Section 4 that it was a bona fide transaction and that
it was entered into between a willing purchaser and a willing seller. The
land comprised in the sale deed is 11 grounds and was sold at Rs. 1961
per ground. The land covered by Ext. R-27 was also sold before the
notification but after the land comprised in Ext. R-19 was sold. It is true
that this land was sold at Rs. 1096 per ground. This, however, is
apparently because of two circumstances. One is that betterment levy at
Rs. 500 per ground had to be paid by the vendee and the other that the
land comprised in it is very much more extensive, that is about 93
grounds or so. Whatever that may be, it seems to us to be only fair that
where sale deeds pertaining to different transactions are relied on
behalf of the Government, that representing the highest value should
be preferred to the rest unless there are strong circumstances justifying
a different course. In any case we see no reason why an average of two
sale deeds should have been taken in this case.”
[Emphasis supplied]
47. The Appellants have relied upon the evidence as placed on record by
PW-7 [before the learned Trial Court] and AW-1 [before this Court] to submit
that the land is only half a kilometer away from Maharani Bagh and that the
village Behlolpur Khadar is adjoining village Kilokari. The Location Plan [see
Map in paragraph 52.2 of this judgment] which forms part of the record does
show that while village Behlolpur Khadar exists on the boundary wall of
village Kilokari, villages Nangli Razapur and Garhi Mendu and are also
adjacent to the village on the other side of the river while village Khizrabad
borders to village Kilokari.


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47.1 The contention of the Respondent, on the other hand, has been that the
amounts as awarded to village Behlolpur Khadar and village Jasola could not
be awarded for the villages of Kilokari, Nangli Razapur, Khizrabad and Garhi
Mendu since the potentiality of the land being on the “Forward Bunds” and
being ‘Sailabi’ in nature was entirely different. However, AW-1 has deposed
that the land is not submergible as they had been cultivating the land and using
it for agricultural purposes.
48. The learned Reference Court in the Behlolpur Khadar Reference
27
Court Judgm ent had enhanced the compensation in respect of village
Behlolpur Khadar based on the judgment in LAC No. 21/97 captioned Bharat
28
Singh v. Union of India . The learned Reference Court found that the
potential value of the land being in close proximity to developed areas and
that it has all amenities that are reasonably capable of being put to use in the
future.
48.1 Relying on the 17.03.1988 Exemplar, the Appellant/land owner had in
that case contended that the market value of the acquired land on 13.11.1959
was assessed at Rs. 26,000/- per Bigha and keeping in mind the steep rise of
prices around Delhi, the market value should have been capitalized at the rate
of 12% since then and over 30 years would amount to Rs. 7,23,248/- per
Bigha. The Respondent/Revenue had to the contrary contended that the
market value should be enhanced by 3.6 times.
48.2 The learned Reference Court, however, did not accept either
contention, finding the enhancement 3.6 times to be too low and 7.23 lakhs

27
Judgment dated 04.01.2011 passed in LAC 75/2008
28
Judgment dated 04.01.2008 passed in LAC 22/1997


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per Bigha to be too high. Relying on the potentiality of the land and its close
proximity to Maharani Bagh and Kalindi colony which were developed in the
late 1980’s and given its potential, found the market value of the land at Rs.
2.5 lakhs per Bigha. Thus, it was directed that the enhanced compensation be
awarded. The relevant extract is set out below:
“18. The notification under Section 4 in the present case was passed on
23.06.1989. In the late eighties, land prices in Delhi had a spiral rise. The
distance and fertility lost significance keeping in view the potentiality of the
acquired land being put to the use of the planned development in the Capital city
of India. The land in question lies in close proximity to Maharani Bagh and
Kalindi Colony. In late eighties, the question of having amenities or being
surrounded by developed areas can hardly be an Issue In question. In the matter
of Krishna Yachendra Bahadurvaru V. The Special Land Acquisition Officer, City
Improvement Trust Board, Bangalore & Ors reported in AIR 1979 SC 869, the
Apex Court has held that the process of determination of market value in any
case must depend largely on evaluation of any Imponderables and hence it
must necessarily be to some extent a matter of conjecture or guess work.
19. Keeping in view of the aforesaid factors in mind, more particularly the sales
of the land in almost similar areas and around the sametime and the cited
Judgments, though not a conclusive proof of evidence, It would be afford some
basis, after taking into consideration that there is a general tendency to under-
value the sales for the purpose of evading the stamp duty etc., as also the
compensation awarded almost 30 years ago i.e. 1959 as Rs. 26,000/- per bigha,
I would quantify the market value of the land, keeping Its potential of being put
to better use, at Rs. 2.5 lakh per bigha .”
[Emphasis supplied]
Proximity to developed colonies, agricultural activities and potentiality
49. The Respondent/DDA has contended that the Awards records that the
acquired land is situated between two ‘Forward Bunds’ and the Yamuna river
and thus, there is no construction on the land and only a few trees were found
available. Emphasis has thus been laid by the Respondents on the fact that the
acquired land was ‘Sailabi’ in nature and between the two "Forward Bunds"
and thus had limited or no potentiality. The learned Reference Court found


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that the land is not capable of any agricultural nor building construction
activity and it cannot be compared with other developed lands. Thus, it was
contended that the land as notified as undeveloped.
49.1 The Appellant’s witness, AW-1 in his evidence clarified that ‘Sailabi’
meant an area in close proximity to River Yamuna. He further clarified that
the Urdu word ‘Sailabi’ means flood. However, in addition, the witness
clarified that the land was neither in the river bed nor in the flood plain, since
that part of the land had already been de-notified under Section 48 of the LA
Act on 25.05.1995. AW-1, Kailash Sharma, also deposed that he is 50 years
of age and during his lifetime he has never experienced any flood or water
logging in respect of the land. He further deposed that he and his family had
been cultivating the land in question till it was acquired in the year 1985.
49.2 In addition, the Respondent’s contention that the DLR Act was
applicable to the acquired lands which would lead a reduction in the building
potentiality of the lands is also without any basis. The learned Reference
Court in the Bed Ram Reference Court case has given a finding that the DLR
Act was not applicable to the acquired lands. This finding of the learned
Reference Court has not been challenged by the Respondents.
50. The Respondents have vociferously contended that the acquired land
did not have any building potentiality as no building activities were permitted
in this area. Relying on the judgment in the Periyar case, it was contended
that the acquired land does not have permission for building activity and that
potentiality would mean the potentiality to raise buildings. It was further
contended that since there was water logging in the land, no building activity


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was permitted. In support of its contentions, Respondent/DDA has also
referenced the Site Inspection Report dated 22.11.2006.
50.1 The Respondent’s witness, who is a Naib Tehsildar of the area, in his
deposition has however admitted to the proximity of the acquired lands with
the developed colonies of Maharani Bagh and Kalindi colony and has also
admitted to the fact that multistoried flats and DDA flats have been
constructed in Siddharth Nagar and Siddharth Nagar Extension. The witness
has also deposed that Nangli Razapur is opposite to Akshardham and
commonwealth Games Village and situated on the other side of the
Nizammudin Bridge.
51. Concededly, however, the fact that agricultural activities were
permitted and were being carried out is clear even from the Inspection Report
of the inspection undertaken by the learned Reference Court on 22.11.2006.
The Inspection Report sets out that the officials present had stated that the
land gets covered with water depending on the amount of discharge of water
from the Yamuna river. However, it does state that the land appears to be
utilized for agricultural purposes. In addition, it confirms that some of the
khasras that were submerged or likely to be submerged had already been de-
notified and the others had been acquired. The learned Reference Court has
also clearly set out that the land on both sides appears to be under cultivation.
The relevant extract of this report is set out below:
“The spot inspection has been conducted in terms of order dated 13.11.06 in the
presence of officials from DDA (Sh. M. M. Rao. Director L.M), Sh. S. K. Singh
(LAC South), Sh. Raj Shekhar (D.C. South), Sh. Atul Kumar (Ex. Engineer,
Irrigation & Flood Control Department) who are accompanied with other team
of officials from respective departments. Counsel for the petitioners as well as
respondents are also present.


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The officials led to embankment of River Yamuna in village Nanglirazapur via
Marginal Bund Road through ‘Pantoon Road’. A rough sketch i.e., Site plan by
approximation; prepared by officials of DDA to give a broad idea of the
location of villages has been handed over. The same is Annexure 1 and clearly
depicts the location of villages Behlolpur Khadar, Nangli Razapur, Kilokari,
Chakchilla, Khizrabad, Jogabai, Okhla, Jasola and Madanpur Khadar.
A copy of site plan indicating the khasra no.'s of village Nanglirazapur has been
handed over by officials of LAC South. The officials explained at site that some
of the Khasra no's which are sub-merged or likely to be sub-merged and are
adjacent to water stream had been de-notified while the others had been
acquired . The same are reflected in different shades in the site plan (Annexure
II). The officials informed that the acquired land extended upto 500 meters and
may be more from the stream of water which was flowing currently. The land
on both sides at the 'site spot’ appeared to be under cultivation . However, it is
pertinent to note that officials from Irrigation and Flood Control Department
informed that as and when the water level in river Yamuna crosses a mark of
204.83, the land gets covered with water, depending an amount of discharge of
water in the river. It was also pointed out that owing to aforesaid reasons no
development has been permitted from 'Marginal Bund Road till embankment
of River Yamuna (As depicted in Annexure I). It was observed that there was
no substantial development except that land appears to be utilized near the site
for agricultural purpose.
Thereafter the officials led to show the approximate location of land of village
Kilokari, Behlolpur and Khizrabad from Ring Road and D.N.D.Road. The
officials showed that no activity/development on the land near to the
embankment could be undertaken except for agricultural activity . The spot
inspection commenced at about 2.40 p.m and has been completed at about 4.45
p.m.”
[Emphasis supplied]
51.1 This also becomes clear from the photographs which were annexed
along with the Inspection Report. These photographs evidence the cultivation
of the land and reflect that agricultural activity on the land. They show dry
cultivated land with some bushes and shrubs as well and that the lands appear
to be irrigated. Some of these photographs are reproduced below:


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The Location Plan
52. Undisputably, the Notification was issued for the acquisition of 9
villages. At this stage, it is necessary to reproduce the rough location plan of
the nine villages which was placed on record by Respondent No. 2
[hereinafter referred to as the “Location Plan”], and which has not been
disputed by the parties. The Location Plan also forms part of the site
Inspection Report of the Inspection conducted on 22.11.2006 by the learned
Reference Court, as is discussed above.
52.1 The Village Garhi Mendu, as clarified by both parties, although not
clearly marked on the Location Plan, is contained as the portion marked in
green just below Village Nangli Razapur.


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52.2 These villages have been shown in the Location Plan which is set out
below:


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52.3 The Location Plan reflects that the land of villages Khizrabad, Kilokari
and Nangli Razapur were along the bank of river Yamuna as it flowed past
National Highway-24 South till it passes village Khizrabad. The land of
village Garhi Mendu was by the river Yamuna cross National Highway-24.
The land of Kilokari and Khizrabad were on the western bank of Yamuna
river while the Nangli Razapur and Chuck Chilla were on the eastern bank
along with the Garhi Mendu. Village Khizrabad abuts village Kilokari on its
southern side.
52.4 Village Behlolpur Khadar is also on the western bank of the river
Yamuna abutting village Kilokari. Across from village Behlolpur Khadar is
village Nangli Razapur on the other side of the river.
53. The Impugned Judgment has laid emphasis on the Spot Inspection
Report which formed part of the record. This Court has carefully examined
the location plan which was attached to the Spot Inspection Report. The
location plan clearly shows the presence of the DND road running through
the land at Kilokari. It also shows the fact that Behlolpur Khadar is adjacent
to Kilokari as well as Nangli Razapur and Garhi Mendu. The areas,
Indraprastha Estate, ISBT, Sarai Kalen Khan and Ring Road are also reflected
in the location plan. The proximity to Maharani Bagh is set out as well. The
learned Reference Court during his inspection seems to have laid emphasis on
the fact that the officials of the LAC, South, who were present on the spot in
inspection, who said that as and when the water level in river Yamuna crosses
the mark of 204.83, the land gets covered with water depending on the amount
of discharge. However, the officials had also explained, and which forms part
of the site inspection report, that some of the Khasra numbers, which were


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submerged or likely to be submerged and are adjacent to the water stream,
have already been de-notified, while others acquired.
54. It cannot, however, also be denied that the land was acquired for
Planned Development of Delhi and that initially 3,500 hectares of land was
acquired under the 20.03.1989 Notification. It is not disputed that a large track
of land forming part of village Kilokari, Behlolpur Khadar, Nangli Razapur
and Chakchila was de-notified under Section 48(1) of the LA Act and on
05.11.2004, the LAC passed a detailed order assigning reasons for the de-
notification since that land was either submergible or submerged. In any
event, the contention of the Respondents that the land is submergible or
‘Sailabi’ in nature and thus, even agricultural activities cannot take place on
the land, is not borne from the record nor the evidence.
54.1 A review of the Kilokari Award also shows that the award itself states
that the possession of land which was under a stay and which was submerged
in the water was not taken. The reasonable assumption can thus be made that
the acquired land was neither submerged nor submergible and the ‘Sailabi’
land was already de-notified in the year 2004. The relevant extract of the
Kilokari Award is set out below:
“….The possession of land under stay and submerged in the water
was not taken…..“
54.2 The Appellants have also relied upon Nangli Razapur Award wherein
it is noted that the entire land is being irrigated by the Yamuna river. Thus, if
the land was submerged or ‘Sailabi’ there would be no question of it being
irrigated. The relevant extract of the Nangli Razapur Award is below:
“Since the entire land is being irrigated by Yamuna river water, there is no
proper justification to classify the lands into Blocks as all the land is similar
in quality.”


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This has also been affirmed by AW-1, Mr. Kailash Verma who has stated that
he has never experienced flooding or water logging in this land and that the
land is being cultivated for the last 50 years.
54.3 The Location Plan also shows the proximity of the villages that have
already been acquired. The acquisition in Village Jasola has been assessed at
the rate of approximately Rs. 4,948/- per sq. yards while Village Behlolpur
Khadar at the rate of Rs. 2.5 lakhs per Bighas. These villages are also abutting
the river Yamuna.
55. The emphasis of the arguments of the Respondent/UOI has also been
on the fact that there has been no development of the land and no applications
have been made for change of land use. It has been averred that no evidence
has been placed on record in respect of the building potentiality of the land.
Reliance was placed on P. Ram Reddy & Ors. v. Land Acquisition Officer
29
Hyderabad Urban Development Authority, Hyderabad & Ors. . The
Supreme Court in the P. Ram Reddy case held that the ‘ building potentiality’
of an acquired land must be taken into account in determining its market
value. The Court clarified that market value is not to be confined merely to
the actual use of land at the time of acquisition, but must include the value
attributable to its foreseeable potential for the possibility of development in
the immediate or near future. The Court emphasised that “building
potentiality” must be established on the basis of factors such as situation of
the acquired land vis-à-vis the city growing in size, suitability for putting up
the buildings, possibility of obtaining water and electric supply for occupant
of buildings to be put up etc. Once building potentiality is established, the

29
(1995) 2 SCC 305


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valuation method requires consideration of both the current market value as
well as the potential increase in that market value in the immediate or near
future. Hence, the Court held that valuation must rest on evidence, not
conjectures, and must be grounded in realistic market conditions. The relevant
extract of the P. Ram Reddy case is below:
“8. Building potentiality of acquired land.— Market value of land acquired
under the LA Act is the main component of the amount of compensation
awardable for such land under Section 23(1) of the LA Act. The market
value of such land must relate to the last of the dates of publication of
notification or giving of public notice of substance of such notification
according to Section 4(1) of the LA Act. Such market value of the acquired
land cannot only be its value with reference to the actual use to which it was
put on the relevant date envisaged under Section 4(1) of the LA Act, but
ought to be its value with reference to the better use to which it is reasonably
capable of being put in the immediate or near future. Possibility of the
acquired land put to certain use on the date envisaged under Section 4(1)
of the LA Act, of becoming available for better use in the immediate or near
future, is regarded as its potentiality. It is for this reason that the market
value of the acquired land when has to be determined with reference to the
date envisaged under Section 4(1) of the LA Act, the same has to be done
not merely with reference to the use to which it was put on such date, but
also on the possibility of it becoming available in the immediate or near
future for better use, i.e., on its potentiality. When the acquired land has the
potentiality of being used for building purposes in the immediate or near
future it is such potentiality which is regarded as building potentiality of the
acquired land. Therefore, if the acquired land has the building potentiality,
its value, like the value of any other potentiality of the land should necessarily
be taken into account for determining the market value of such land.
Therefore, when a land with building potentiality is acquired, the price
which its willing seller could reasonably expect to obtain from its willing
purchaser with reference to the date envisaged under Section 4(1) of the LA
Act, ought to necessarily include that portion of the price of the land
attributable to its building potentiality. Such price of the acquired land then
becomes its market value envisaged under Section 23(1) of the LA Act. If
that be the market value of the acquired land with building potentiality,
which acquired land could be regarded to have a building potentiality and
how the market value of such acquired land with such building potentiality
requires to be measured or determined are matters which remain for our
consideration now.”
[Emphasis supplied]


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55.1 The Court further held that at the time of determining market value of
the land acquired with building potentiality, the possibility of the acquired
land used for putting up buildings in the near future has to be seen and a
hypothetical layout of the building plots in the acquired land has to be
prepared. It further held that whether or not the acquired land as a building
potentiality as to be decided with reference to the material on record. The
relevant extract is below:
“10. Then, comes the question of determining the market value of the
acquired land with building potentiality. Undoubtedly such market value of
the acquired land with building potentiality comprises of the market value
of the land having regard to the use to which it was put on the relevant date
envisaged under Section 4(1) of the LA Act plus the increase in that market
value because of the possibility of the acquired land being used for putting
up buildings, in the immediate or near future . If there is any other land with
building potentiality similar to the acquired land which had been sold for a
price obtained by a willing seller from a willing purchaser, such price could
be taken to be the market value of the acquired land, in that, it would have
comprised of the market value of the land as was being actually used plus
increase in price attributable to its building potentiality. If the prices fetched
by sale of similar land with building potentiality in the neighbourhood or
vicinity of the acquired lands with building potentiality, as on the relevant
date envisaged under Section 4(1) of the LA Act, are unavailable, it becomes
necessary to find out whether any building plots laid out in a land similar to
the acquired land had been sold by a willing seller to a willing buyer on or
nearabout the relevant date under Section 4(1) when the acquired land had
been proposed for acquisition and then to find out what would be the price
which the acquired land would have fetched if it had been sold by making it
into building plots similar to those sold. In other words, a hypothetical layout
of building plots in the acquired land similar to that of the layout of building
plots actually made in the other similar land, has to be prepared, and the
price fetched by sale of building plots in the layout actually made should
form the basis for fixing the total price of the acquired land with building
potentiality to be got if plots similar to other plots had been made in the
latter land and sold by taking into account plus factors and minus factors
involved in the process .
xxxx xxxx xxxx xxxx
12. Hence, whether the acquired land has building potentiality or not, while
has to be decided upon reference to the material to be placed on record or
made available by the parties concerned, the market value of the acquired
land with building potentiality, is also required to be determined with


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reference to the material to be placed on record or made available in that
regard by the parties concerned and not solely on surmises, conjectures or
pure guess.”
[Emphasis supplied]
56. The Supreme Court in P. Ram Reddy case has held that the potentiality
of a land can be assessed to include the value attributable for its potential
development in the near and immediate future. It is further held that the
valuation must be raised on evidence and be granted in realistic market
conditions based on the evidence placed on record.
56.1 In the present case, the existing conditions as have been set out in the
evidence of the Appellants is that the areas in and around the acquired lands
were developed in the early 1970s. Kalindi Kunj and Maharani Bagh started
developing in the year 1970. The acquired lands in village Kilokari touches
New Friends Colony, Kalindi Kunj and Maharani Bagh and other colonies of
Delhi and in the vicinity of Akshardham Temple and the Commonwealth
Games Village. The villages of Kilokari, Khizrabad, Nangli Razapur,
Behlolpur Khadar and Jasola had already been urbanized prior to the
23.06.1989 Notification. These villages are also adjoining ITO, Ashram
Chowk and the Ring Road. Thus, the Appellants have placed evidence on
record in support of these contentions as well, while the Respondents have
not been able to show otherwise.
57. In any event and in the context of ever-expanding city like Delhi,
history shows that where once development takes place in a particular area, it
usually has a ripple effect in adjoining areas. Development is not an overnight
process but a gradual one. The presence of development in areas adjoining the
acquired land are good parameters of potentiality.


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The Exemplar
58. The 17.03.1988 Exemplar has been challenged by the Respondents to
submit that the sale deed was executed at inflated prices to claim higher
compensation. It has been contended that it is likely that the residents in the
locality got to know of this acquisition and thus, the sale deed was executed
at an inflated price to claim a higher compensation. The other ground raised
is that the purchaser was not an income tax assessee and thus, a transaction
was not ‘above board’.
58.1 These arguments of the Respondents are liable to be rejected in view of
the fact that these are based on assumptions, and no evidence has been placed
on record by the Respondents in support of these contentions. The sale deed
was concededly executed a year and a half prior to the 23.06.1989 Notification
and is a duly registered document. The purchaser of the land was produced as
a witness by the Appellants [PW-3, Vinod Kumar] and his evidence remains
unimpeached.
58.2 In addition, a perusal of Clause 10 of the sale deed [which is exhibited
as Ex. PW3/1] sets out that the vendor [PW-3] has obtained the required
income tax clearance certificate from the office of the Income Tax in the
following terms:
“10. That the vendor has also obtained the required income tax clearance
certificate on Form No. 34-A from the office of the Income Tax, New Delhi.”
58.3 The requisite stamp duty and registration charges have also been paid
on the sale deed. The purchaser of the land [PW-3] was produced as a witness
and his testimony, as stated above, remains unimpeached. On the other hand,
no evidence to the contrary has been placed on record by the Respondents.


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59. The Appellants have relied on 17.03.1988 Exemplar to submit that
when such an Exemplar was available at Rs.2,07,500/- per Bigha, the learned
Reference Court could not have unilaterally reduced the market value to
Rs.89,600/- per Bigha.
59.1 The learned Reference Court has relied on the assessment in the
Khizrabad case. In addition, a finding was given in respect of sale exemplars.
The learned Reference Court examined the 17.03.1988 sale deed, which gave
a sale price at Rs.2,07,500/- per Bigha, as well as the four sale deeds produced
by the Respondents where the prices varied from approximately Rs.19,440/-
to Rs.52,920/-. However, the learned Reference Court held that there was no
evidence to reflect a huge increase in the value of the land as was reflected in
the sale deed of the Appellant, and based on the fact that the nature of land
was Sailabi and relying on the Khizrabad Reference Court assessment, the
learned Reference Court assessed the value of the land Rs. 89,600/- per Bigha.
60. The 17.03.1988 Exemplar is a registered sale deed, is the highest value
exemplar. In terms of the judgment in the Anjani Molu Dessai case, the
proper method for evaluating the market value is taking up the highest of the
exemplars.
61. The learned Counsel for the Respondents have emphasized that the
learned Reference Court has relied on the judgment in the Tindey case.
However, in the Tindey case, there was no separate evidence made available,
and the learned Reference Court ascertained the market value of the land by
relying upon an earlier award of the year 1961, which allowed a 12%
escalation per annum. It was also held therein that since the land was in the


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river Yamuna, escalation at Rs. 1,000/- will not be reasonable. The relevant
extract of the Tindey case is below:
“We will have to place reliance upon decision in Deewan Ram Saroop's case
(supra) wherein in 1961 also acquisition had taken place for similar purpose
as in the instant case and compensation was fixed at Rs. 12,500/- per bigha. It
is a fact that there has been increase in market value of the land. In the
absence of any other material, we presume that in this locality increase must
have taken place from 1961 to 1976 at a normal pace. It will not be
unreasonable to allow an increase @ 12% p.a. in order to arrive at market
value. In Prakash Chand Kashyap v. Union of India, AIR 1988 Delhi 316,
an escalation of 12% p.a. was considered as reasonable instead of past
practice of Court in allowing escalation @ Rs. 1,000/- per bigha. In
Rameshwar Solanki's v. Union of India, 57 (1995) DLT 410, also placing
reliance on the decision in Prakash Chand Kashyap's case (supra). Divisions
Bench observed that it would be appropriate to discard the past practice of this
Court to give escalation @ Rs. 1,000/- per bigha and to allow escalation @
12% p.a., which has been given following statutory provisions made by the
amendments in the Act.
In the absence of any other material in the instant case also, we are of the
view that the market value as on 10.5.1976 can be worked out by placing
reliance upon the earlier award of the Court in Deewan Ram Saroop's case
(supra) and by allowing 12% p.a. escalation thereon. Otherwise also as the
land was situated in Yamuna, we are of the view that the past practice of
allowing escalation @ Rs. 1,000/- per bigha p.a. will not be reasonable. As
such, we are of the view that the market value as on 10.5.1976 would be Rs.
35,000/- per bigha.
Consequently, we allow the appeal with proportionate costs, holding the
appellants to be entitled to compensation @ Rs. 35,000/- per bigha. Over and
above the amount of compensation, the appellants are also entitled to solatium
@ 15% and interest @ 6% p.a. from the date of Collector taking over
possession till date of making payment.”
[Emphasis Supplied]
61.1 There is another distinction as well. In the Tindey case, reliance was
placed by the learned Reference Court on an earlier award of 1961 which
fixed compensation at Rs. 12,500/- per Bigha. The market value of the land
at village Kilokari was assessed at Rs. 26,000/- per Bigha, by the Kilokari


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Award in the year 1992-93 which is more than double of the assessment done
in the award relied upon in the Tindey case.
62. In any event, the evidence on record does not show any justification for
not relying on the 17.03.1988 Exemplary. Emphasis was laid by both the
witnesses produced by the Appellants, that the acquired land was in close
proximity of the colonies like Maharani Bagh and French Colony which had
all civic amenities and facilities for convenience of residence.
62.1 RW1, the Naib Tehsildar, who deposed on behalf of the Respondents,
deposed that there was construction on the Ring Road adjacent to the Petrol
Pump in the acquired land. He further deposed that the land in Village Nangli
Razapur is opposite Akshardham and commonwealth games village and
situated on the other side of the Nizamuddin Bridge. A specific question was
put to the witness with respect to the consortium of multi storied DDA flats
in Siddharth Nagar, which is adjacent to the acquired land and during his
deposition he clarified that Siddharth Nagar is adjoining area to the acquired
land.
62.2 The Naib Teshsildar also deposed that there were developed DDA Flats
constructed in Siddharth Nagar and Siddharth Nagar Extension and that in
Indraprastha Millenium Depot is adjacent to village Behlolpur. The witness
also deposed that there is water logging problem in Siddharth Nagar which
was an area adjoining in the acquired land and that there is a power station
which chimney on the river side of the Ring Road adjacent to the petrol pump
in the acquired land. Thus, the evidence showed that despite issues of water
logging and being near the river Yamuna, multi-storied flats were constructed
in the proximate Siddharth Nagar and Siddharth Nagar Extension.


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62.3 In addition and as stated above, the Kilokari Award itself refers to the
fact that the submerged land was not acquired.
63. The Supreme Court has in the Anjani Molu Dessai case while relying
on the judgment in the Sri Ram M. Vijayalakshmamma Rao Bahadur Ranee
30
of Vuyyur v. Collector of Madras , held that where there are several
exemplars, usually the highest transaction is to be taken into consideration,
unless there are strong circumstances justifying otherwise. This Court is
unable to agree with the finding of the learned Reference Court given the
settled law in this behalf.
63.1 The 17.03.1988 Exemplar was available but was not considered by the
learned Reference Court. There is no evidence or circumstances recorded to
justify non-reliance on the 17.03.1988 Exemplar. In addition, the sale deeds
that were relied upon by the Respondents were not proved in accordance with
law. Although, the Respondents filed the sale deeds in evidence, however,
neither the vendors nor any vendees of these sale deeds were produced. Thus,
the reliance on the Respondents sale deeds to disentitle the Appellants to the
17.03.1988 Exemplar cannot be sustained. In these circumstances, the Court
finds no justification for not applying the value of the 17.03.1988 Exemplar.
64. The proximity to developed/posh colonies was not denied but in fact
admitted by the Respondents. The potentiality has to be seen not from actual
use but to what use can it be put in foreseeable future. The land was clearly
being used for agricultural purposes whether we consider Site Inspection
Report or Appellant’s evidence [Bed Ram son’s evidence]. No evidence at all

30
1963 SCC OnLine SC 305


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what produced by the Respondents that acquired land gets/remains repeatedly
submerged.
64.1 In addition, a similar reference/assessment was done in the cases
pending of the other villages as well. The Appellants in village Nangli
Razapur as well as Ghari Mendu, [the Petitioners in the Bhopal Singh case],
which was in respect of assessment for Village Nangli Razapur, referred to
the fact that Village Nangli Razapur was next to the Nizamuddin Railway
Station and had ISBT and Sarai Kalan Khan at half a kilometre away, Pragati
Maidan and Connaught Place were four kilometres away. The village was
touching the borders of posh colonies like Friends Colony and Maharani Bagh
and it was also next to Village Behlolpur Khadar. Evidence in respect of a
Petrol Pump being in existence was also placed on record.
65. There is another aspect to this as well. Although, the purpose for
acquisition for the land in the villages Kilokari, Khizrabad, Nangli Razapur
and Garhi Mendu was the same and all villages were adjacent and contiguous
to each other, the LAC in its Awards gave a different categorisation for the
land in these contiguous villages in the following terms:
Name of Village Categorisation of Land
Kilokari Sailabi
Khizrabad Khadar
Nangli Razapur Khadar
Garhi Mendu Flooded land
65.1 Thus, even though the nature of the land was different, the LAC still
awarded the same amount of Rs. 27,344/- per Bigha whether the land was


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“flooded” as in the case of Garhi Mendu or “khaddar” as in the case of
Khizrabad and Nangli Razapur or ‘Sailabi’ as in the case of Kilokari. The
categorization of all these lands in view of their potentiality and proximity to
developed colonies as assessed by the LAC is the same.
65.2 The approach of LAC in awarding similar compensation in respect of
village having Khadar land and flooded land [Garhi Mendu] also shows that
the Government viewed the lands for potential development on an equal scale.
Hence, the vast difference between the award of village Behlolpur Khadar and
villages that are covered in this reference is unwarranted.
31
66. The Supreme Court in Union of India v. Bal Ram and Anr. had held
that while taking into consideration the lands coming under different villages
which had been acquired for the same purpose and whether the nature and
quality of the lands is by and large similar, there was no justification to make
any distinction between the lands lying in different villages. The Court was
deciding the lands acquired in 13 villages for the Plan Development Area near
the Palam Airport. The Court held that the view taken that it would be unfair
to discriminate between the land owners when the purpose of acquisition is
the same and the lands are identical and similar though lying in different
villages, could not be interfered with. The relevant extract is below:
“3. The ground urged before us is that in view of the decision in Kanwar
Singh v. Union of India contiguity of villages could not by itself be
sufficient to draw an inference of similarity in character of the lands in
awarding the compensation and, therefore, the reasoning of the High Court
is not correct.
4. The High Court indeed did not rely upon the contiguity of the lands alone
but it found that the nature/quality of the lands is by and large similar to
those lands considered in Satpal case. If that is the finding of the High Court,
we do not think there would be any justification to make any distinction

31
(2010) 5 SCC 747


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between lands which had been lying in Palam and Shahbad Mohamadpur.
Therefore, the view taken by the High Court cannot be faulted with. The High
Court also found that it would be unfair to discriminate between the
landowners to pay more to some and less to others when the purpose of
acquisition is same and lands are identical and similar, though lying in
different villages.
5. We find the judgment of the High Court to be fair and reasonable and no
interference is called for. Therefore, the appeal stands dismissed.”
[Emphasis supplied]
66.1 In matters of compulsory acquisition, the Government needs to keep in
mind that the villagers whose land is acquired are not willing parties but are
parties who are compelled to sell their lands to the State for public purpose.
Thus, failing to award similar compensation in similar areas would lead to
discrimination between the land owners.
67. The emphasis laid by the Respondents on the land being flooded or in
the two ‘Forward Bunds’ is also not supported by evidence by the
Respondents. The Site Inspection Report of 2006 makes a reference to
flooding happening on occasion; however, this too is based on the statement
of the officials and without any documentary evidence. Given the amount of
water logging in any part of Delhi during heavy rains, this aspect would also
get diluted.
68. The Supreme Court in New Okhla Industrial Development Authority
32
v. Harnand Singh (Deceased) thr. LRs & Ors. has held where there is no
direct evidence of relevant sale exemplars, it is reasonable to make an
informed guess or an estimation of the market value of the land acquired and

32
(2024) SCC OnLine SC 1691


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pay compensation in terms thereof. The relevant extract of New Okhla
Industrial Development case is below:
"31. Guesstimation is a heuristic device that enables the court, in the absence
of direct evidence and relevant sale exemplars, to make a reasonable and
informed guess or estimation of the market value of the land under
acquisition, and concomitantly the compensation payable by the appropriate
Government. In that sense, guesstimation hinges on the Court's ability to
exercise informed judgment and expertise in assessing the market value of
land, especially when the evidence does not tender a straightforward answer .
32. This principle accentuates the fundamental understanding that determining
compensation for land is not a matter of exact science but involves a significant
element of estimation. Indeed, this holds true for valuation of land in general,
which is affected by a multitude of factors such as its location, surrounding
market conditions, feasible uses etc . Accordingly, while evidence and
calculations can aid in estimating the land value, they ultimately serve as tools
for approximation rather than precision. Instead, land valuation—and
consequently the affixation of compensation— remains an exercise of
informed estimation, requiring the integration of diverse data points and
professional judgment concerning subjective, intangible and dynamic
elements . Pursing a single precise valuation or compensation figure is bound
to be unjust, representing a rigid approach and a procrustean endeavour at
best."
[Emphasis Supplied]
69. The learned Reference Court in the Sudesh Singh case in relation to
the land at Village Behlolpur Khadar while relying on the sale deed dated
17.03.1988 has held that where the land acquired by notification dated
13.11.1959, the market value was assessed at Rs. 26,000/- per Bigha applying
12% compounded annually would lead to Rs. 7,23,248/- in the year 1989
while the Respondent/Land Acquisition held that the market value would
have been enhanced 3.6 times from the year 1959. The learned Reference
Court, however, found that both the valuations would not be correct and held
that keeping in mind the potentiality of the land, the market value would be
quantified at Rs. 2,50,000/- per Bigha.


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70. The Supreme Court in Om Prakash case while deciding compensation
in respect of three villages which were located side by side found that
although the Collector had categorised the land into three categories, the
learned Reference Court found that the land should be assessed uniformly.
The High Court in its judgment granted escalation on different rates
progressively, in view of the topography, potentiality and advantage to the
land in the adjoining villages. It was held that escalation at the rates of 6%,
10% and 12% be awarded for the period from 1956 to 1965; 1966 to 1973 and
1974 to 1989 respectively would be justified to arrive at a fair market value,
assuming the pace of escalation during the period from 1959 onwards. This
finding and methodology was upheld by the Supreme Court.
71. In the present case, the 23.06.1989 Notification acquired the land in
these villages. Of these, in village Jasola, the compensation awarded was
Rs.4,948/- per sq. yards while in village Behlolpur Khadar it was Rs. 2.5 lakhs
per Bigha. The 4 villages which are subject matter of these Appeals, being
acquired under the same notification and being contiguous and having a
similar topography and potentiality, were assessed initially by the Collector
at Rs. 27,344/- and thereafter by the learned Reference Court at Rs. 89,600/-
per Bigha.
72. The Collector had assessed the base value of the acquired land at
Rs.26,000/- per Bigha in the year 1959. Applying a flat rate of escalation at
12% per annum up to the year of acquisition would come to Rs.1,19,600/-,
which is also above the rate as awarded by the learned Reference Court as
below:
PERIOD AMOUNT (RS.) INTEREST @ 12% INTEREST OF 30
YEARS + PRINCIPAL
1959-1989 26,000/- 93,600/- 93,600 + 26,000 =
1,19,600/-


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72.1 However, applying a graded rate as is done in the Om Prakash case the
rate of 6%, 10% and 12%, the compensation in the present case would be
assessed at Rs. 5,92,246/-per Bigha as below:
S. NO. PERIOD AMOUNT (IN RS.) PER
BIGHA
1. 1959-1965 @ 6% Interest
Per Annum
Rs. 26,000/- to Rs. 36,878/-
2. 1966-1973 @10% Interest
Per Annum
Rs. 40,565/- to Rs. 79,047/-
3. 1974-1992 @ 12% Interest
Per Annum
Rs. 88,532/- to Rs.5,92,246/-
73. In the present case, however, the present of the 17.03.1988 Exemplar
being available and has been proved. The uncontroverted evidence that has
been placed on record by the Appellants has reflected that the land was being
used for agricultural purposes as discussed above. The Court thus need not
look any further.
CONCLUSION
74. In view of the aforegoing discussion, this Court thus deems it apposite
to award compensation to the acquired land in village Kilokari at the rate of
Rs. 2,07,500/- per Bigha.
74.1 In terms of the principles laid down by the Supreme Court in K.
Periasami case, the compensation awarded with respect to the acquired land
at village Kilokari shall also be awarded to the land which was acquired by
the same notification. Thus, the land in village Khizrabad, Nangli Razapur
and Garhi Mendu shall also be entitled to the compensation at Rs. 2,07,500/-
per Bigha.


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75. The Appeals are accordingly allowed. The Appellants are entitled to
receive compensation at the rate of Rs. 2,07,500/- per Bigha.
75.1 Since the Appellants have already received compensation at the rate of
Rs. 89,600/- per Bigha, the balance amounts shall be paid to the Appellants
along with interest and all other statutory benefits, in accordance with law.
76. Section 28A of the LA Act provides that where in an Award the Court
allows compensation to an applicant in respect of the acquired land, all
persons whose land had been similarly acquired would be awarded, the same
compensation, even if they had not applied for the same. Once a particular
rate of compensation is judicially determined, the benefit of such rate must be
given to all persons whose land was acquired under the same Notification.
Thus, all persons whose land has been similarly acquired in these four villages
of Kilokari, Khizrabad, Nangli Razapur and Garhi Mendu shall also be
entitled to the enhanced compensation.
77. No order as to costs.
78. The parties shall act based on the digitally signed copy of the Order.



TARA VITASTA GANJU, J
SEPTEMBER 26, 2025/ha/r


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