Construction of Arjan garh Station Qutub Minar

Construction of Arjan garh Station Qutub
Minar-Gurgaon Corridor of Delhi MRTS
Project phase-II
F.9 (84)/06/L&B/LAIMRTS(S)/6177 dt.25.7.07
F.9 (84)/06/L&B/LAIMRTS(S)/9742 dt.08.10.07
F.9 (84)/06/L&B/LA/MRTS(S)/9743
Field No./Kh.No.
557
558/1
576
CWPNo.
CWP No.908/08
dt.08.10.07
Area
114 sqm.
830 sqm.
•
1105 sqm.
Title
Status of the Case
M/s Fountain head The Hon 'ble High Court has
motels Pvt. V/s vor dismissed the writ petition as
withdTawn.
& Others
Claims: - The following persons have filed claims for compensation: -
Name of the Claimant
Mis Fountain head motels
Pvt. Ltd.through its
managing director The
Claremount, 559,
Ayanagar, ~.G.Road, New
Delhi.
Claim
Rs.39 crores for land and structures
-I:
Documentary Evidence: - The following main documentary evidence was
adduced by the claimants in support of their claims: 1.
2.
3.
4.
Valuation report dt.20-ll-07 of the subject property.
Details of auction of hotel in Dwarka city centre, Sector-lO dt.22-03-07
Details of auction of hotel in Dwarka city centre, Sector-l3 dt.22-03-07
Details of auction of plot no. 3-Bl Twin Centre Rohini dt.22-03-07
The notice u/s50 (2) of L.A. Act has been issued t_o the
requi$itioning agency i.e. DMRC vide letter dt. 4-8-08. In response to the notice
Vis 50(2) of L.A. Act no reply has been received till date.
The market value of the land has to be determined with reference to
the price prevailing as at the date of preliminary .notification. The market value
means the price that would be paid by willing purchaser to a willing seller where
both are actuated by business principles prevalent at the time in the locality. The
price, therefore, paid for comparable properties in the neighborhood are the usual
evidence as to the market value.
The recorded owner/interested persons have claimed Rs.39 crores.
The claim of the interested persons seems to be exorbitant and in absence of any
substantial documentary evidence, the same is rejected.
As per the available records village Ayanagar is rural. Keeping in
view of this, the market value of the subject land can be determined on the basis
of the indicative price fixed by the government of NCT of Delhi for agriculture
land vide Notification No.F.9(20)/80/L&B/LA/6720
dt.30-08-05. Accordingly I
therefore assess the market value w.r.t. to the subject land as on date of
notification uls 4 Land Acquisition Act as Rs.l7, 58,400 per acre.
Considering all the above facts, I asses Rs. 17, 58,400/- per acre for
agriculture land and also the land which was used for motel as the fair and
reasonable market value for the land under acquisition.
TREES: - The land is vacaJt, hence no compensation assessed.
~
STRUCTURE:
- The property of Claremount Hotel and Sh. Mahesh Kapoor are
partially built-up. The valuation of these properties was got assessed from PWD
(Division M:-III), Delhi Government. The valuation is conveyed by the executive
engineer of the division vide letter no. 23(225)/PWD C-M-11/200708/NCTD/189 dt. 25-02-08. The cost of structure has not been granted w.r.t.
property of Sh. Mahesh Kapoor (Khasra no. 557) pursuant to the letter No. F.11
(Misc)/07/L&B/LA/11309-318 dt. 7-11-07 of Dy. Secretary (LA), Land &
Building Deptt.
SOLATIUM: - 30%Solatium is payable on the market value of the land
U/S 23(2) of L.A. Act 1894.
30%
ADDITIONAL AMOUNT UIS 23(l-A):- In addition to the market value of the land
an amount calculated at the rate of 12% per annum on such market value for the
period commencing on and from the date of 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 the date of taking possession of the land, whichever is earlier.
APPORTIONMENT:
- Compensation will be pai~ on the basis of the latest entries
in the revenue record. If there is a dispute regarding title/apportionment, which
could not be settle here within a reasonable period, the dispute will be referred to
the court of ADJ for adjudication u/s 30 & 31 of L.A. Act.
From the date of taking over the possession of the land, the land under
acquisition will vest absolutely in government and free from all encumbrances.
The land revenue assessed by the revenue officer concerned till date shall
be deducted from the awarded money at the time of making the payment.
>'-
1.
Market value @ Rs.17, 58,400 per acre
for an area measuring~2049 sqm.
Rs.
8, 90,331 =48
2.
Solatium @ 30%
Rs.
2, 67,099=44
3.
Additional amount @ 12% uls 23(1-A)
w.e.f. 25.7.07 to 29.01.08(188 days)
Rs.
55,029=80
Rs.
12, 12,460=72
Rs.
2,690=66
Rs.
29,674=55
Rs.
34,731=45
Rs.
Rs.
4, 80,267=00
17,59,824=38
Sub Total
Interest Vis 34 @ 9% w.e.f. 29.01.08
to 06.02.2008 (9 days) on 12,12,460=72
4.
Interest Vis 34 @ 9 % w.e.f. 07.02.08
to 28.01.2009 (356 days) on 3,38,052=79
Interest Vis 34 @ 15 % w.e.f. 29.01.09
to 06.1 0.2009 (250 days) on 3,38,052=79
5.
6.
.l"W
••••
?~ •
-"
-
7.
Cost of structures
Grand Total
(Rupees seventy lacs fifty nine thousand eig-ht hundred twenty four
and thirty eight paise only)
£L
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.
(S.K. SINGH)
LAND ACQUISITION COLLECTOR
DISTT.SOUTH.
DIV. COMMISSIONER! SECRE~
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