Union Of India vs Sh. Jitender Mann Dec. Thr. Lrs. & Anr.
- Court
- Delhi High Court
$~23 & 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
% Date of Decision: 1 September, 2026
# CNR No. DLHC010235092023
+ LA.APP. 303/2023 & CM APPL. 31713/2023
UNION OF INDIA .....Appellant
Through: Mr. Siddharth Panda, Advocate.
versus
JAWAHAR SINGH (DECEASED) THR. LRS
& ANR. .....Respondents
Through: Mr. Ankkit Guptha, Mr. Harsh
Jain and Mr. Narendra
Deopandey, Advocates for R1.
Mr. Neeraj Kumar, Advocate
for DDA.
# CNR No. DLHC010469112023
+ LA.APP. 618/2023 & CM APPL. 60322/2023
UNION OF INDIA .....Appellant
Through: Mr. Siddharth Panda, Advocate.
versus
SH. JITENDER MANN DEC. THR. LRS.
& ANR. .....Respondents
Through: Mr. Ankkit Guptha, Mr. Harsh
Jain and Mr. Narendra
Deopandey, Advocates for R1.
Mr. Neeraj Kumar, Advocate
for DDA.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. LA.APP. 303/2023 is filed by the appellant seeking setting
aside the judgment and order dated 16.07.2022, passed by learned
Additional District Judge, Rohini Courts, Delhi ( ‘ADJ’ ) in LAC No.
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:01.09.2026
17:58:50
LA.APP. 303/2023 & LA.APP. 618/2023 Page 1 of 4
81/2018 in respect of the award No. 08/2003-04 pertaining to revenue
estate of Village Bakoli, Delhi, pursuant to which, the learned ADJ
while considering the reference under Section 18 of Land Acquisition
Act, 1894, ( ‘Act’ ), enhanced the compensation for acquisition of the
respondents’ land from Rs. 15,70,000/- per acre to Rs. 16,74,500/- per
acre (Category A Land).
2. LA.APP. 618/2023 is filed by the appellant seeking setting
aside the judgment and order dated 28.08.2023, passed by learned
ADJ in LAC No. 55/2020 in respect of the award No. 08/2003-04
pertaining to revenue estate of Village Bakoli, Delhi, pursuant to
which, the learned ADJ while considering the reference under Section
18 of Land Acquisition Act, 1894, ( ‘Act’ ), enhanced the
compensation for acquisition of the respondents’ land from Rs.
15,70,000/- per acre to Rs. 16,74,500/- per acre (Category A Land).
3. The learned ADJ while passing the impugned order relied upon
the judgment passed in Desh Raj Gupta v. Union of India through
Land Acquisition Collector, North West Delhi & Anr. in LAC No.
213A/2011 decided on 03.09.2012, in regard to the compensation
being granted to the land owners in the same village.
4. The learned counsel for the appellant submits that the learned
Trial Court while deciding the case Desh Raj Gupta ( supra ) had, in
turn, relied on the judgment passed in the case of Jai Singh v. Union
of India in LA Appeal No. 266/2008 . He submits that the land in the
Jai Singh’s (supra) case was situated in a different village and the
reliance was wrongly placed by the learned Trial Court while deciding
the Desh Raj Gupta ( supra ) case.
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:01.09.2026
17:58:50
LA.APP. 303/2023 & LA.APP. 618/2023 Page 2 of 4
5. It remains undisputed that the Union of India at no stage had
challenged the judgment passed in Desh Raj Gupta ( supra ).
6. I have also perused the judgment passed by the learned Trial
Court in Desh Raj Gupta ( supra ). The reasons which led to the
learned Trial Court passing the judgment in the said case are as under:
“8. As far as the market rate of the land is concerned, it is
important to mention that Ld. Counsel for the petitioner has relied
upon the market value determined by Hon’ble High Court in the
case titled as “Jai Singh Vs. UOI” in LA Appeal No. 266/08
wherein land of the adjoining villages namely Holambi Kalan,
Holambi Khurd, Alipur and Razapur Kalan were acquired by the
same notification dated 22.08.2001. That land was also acquired
for construction of 100 feet wide road in Narela Freight Complex
as has been done in this case. Hon’ble Delhi High Court in that
appeal has fixed the rate of the land of the aforesaid villages @
Rs.16,74,500/- per acre for the land falling in category A and @
Rs. 16,43,811/- per acre for the land falling in the category B. In
the same judgment wherein the price of 4 villages has been fixed at
this rate which was acquired vide same notification. Hon’ble High
Court has held that all these villages fall in the same location i.e.
the area between National Highway No.10 known as Rohtak Road
and National Highway No. 1 known as GT Karnal Road. It was
also held that the urbanized city of Delhi where the colony Rohini
exist is situated within the aforesaid two National Highways and
on the basis of parity, the market value of these 4 villages acquired
vide notification dated 22.08.2001 was assessed @ Rs.16,74,500/-
per acre for category A and Rs. 16,43,811/- for category B.
Though Ld. Counsel for the respondent has argued that there is
no material on record to hold that the land of village Bakoli is
similarly situated as that of villages like Holambi Kalan, Alipur
etc., but I do not find any force in his contention since the map of
North West Delhi reveals that the village Bakoli is similarly
situated as that of the aforesaid 4 villages land of which was
acquired vide same notification . I do not find any reason or facts
before me to have a different valuation than that of the villages
Alipur etc. as assessed by Hon'ble High Court in the case titled as
"Jai Singh Vs. UOI". The petitioner before me is also entitled to
same rate for this land i.e. Rs. 16,74,500/- per acre for category A
and @ Rs. 16.43.811/- per acre for category B .”
7. In the opinion of this Court, the learned Trial Court while
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:01.09.2026
17:58:50
LA.APP. 303/2023 & LA.APP. 618/2023 Page 3 of 4
deciding the Desh Raj Gupta ( supra ) had considered the arguments
advanced by the Union of India in regard to the distinction in the
villages in the cases and had rightly negated the same by opining that
the villages are similarly located. Even otherwise, in the opinion of
this Court, the enhancement is not too high which could merit
consideration in the present appeals, specially when similarly situated
land owners have already been given the benefit in Desh Raj Gupta
( supra ) case.
8. The appeals are therefore dismissed.
9. A copy of this order be placed in both the matters.
AMIT MAHAJAN, J
SEPTEMBER 1, 2026
DU
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:01.09.2026
17:58:50
LA.APP. 303/2023 & LA.APP. 618/2023 Page 4 of 4