New Delhi: The Delhi High Court has ordered
a 10 per cent hike in compensation to farmers for acquisition
of their land in three urban villages having "locational
advantages" like IGI Airport in the vicinity.
"I find the aspect of higher potentiality of the acquired
lands being in close vicinity of the IGI Airport, Indian Oil
and Bharat Petroleum Depots and of Railway line passing
through Village Bharthal...has somehow missed the attention
of the reference (lower) court," Justice Sunil Gaur said while
"partly" allowing a bunch of pleas for hike in compensation.
The court`s judgement came on petitions of farmers from
Bharthal, Bijwasan and Pochanpur villages, seeking enhanced
compensation for their plots acquired in December, 2000 for
planned development of Dwarka Phase-II.
The Central government had classified plots in `A` and
`B` categories and had awarded Rs 13.82 lakh and Rs 12.32 lakh
as compensation per acre respectively for them.
The farmers, after failing to get the desired reliefs
from the court of an additional district judge, which had
acted as a reference court under the Land Acquisition Act to
determine the compensation, had moved the high court for raise
The farmers of Barthal and Bijwasan had sought
compensation of Rs 50 lakh per acre, while residents of
Pochanpur sought compensation of Rs 30 lakh per acre.
Allowing the pleas partially, Justice Gaur said, "The
market value of acquired lands of these three villages in
question is determined at the rate of Rs 16.50 lakh per acre
for category `A` land and at the rate of Rs 14.69 lakh per
acre for category `B` lands in question."
The high court considered the locational advantage and
the prospect of higher building potentiality while enhancing
"I am inclined to grant 10 per cent increase over and
above the market value of the acquired lands determined by the
reference court in these matters on account of the aforesaid
locational advantages providing a higher building potentiality
in the acquired lands in question," Justice Gaur said.
"On account of locational advantages, the acquired lands
in question, certainly assume higher building potentiality
being in vicinity of Dwarka Phase-I. What persuades this Court
to grant 10 per cent increase over and above market value of
the acquired lands as assessed by the Reference Court on
account of the higher building potentiality in the acquired
lands is the settled legal position...," the court said.
It, however, said that it would be very difficult to
provide a definite value in relation to potential, and "in
view of the fact that exactness can never be achieved in the
matters of assessing fair compensation.
"It is broad probabilities of the instant cases, which
persuades me to treat them with equivalence by uniformly
applying the Government’s minimum prices for the agricultural
lands for computing the fair market value of the acquired
lands as there are no special features to treat the acquired