* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM No. 3864/07(cross objections)
IN
RFA NO. 622 OF 2006
Date of Decision: 3rd September, 2009
# INDIAN OIL CORPORATION LTD. ..... Appellant
! Through: Ms. Savita Rustagi, Advocate.
versus
$ ASHA DEVI & ANR. ..... Respondents
^ Through: Mr. I.S. Dahiya, Adv. for R-1
(cross-objector)
Mr. Sanjay Poddar, Adv. for R-2
CORAM:
* HON'BLE MR. JUSTICE P.K.BHASIN
1. Whether Reporters of local papers may be allowed to see
the Judgment?(No)
2. To be referred to the Reporter or not?(No)
3. Whether the judgment should be reported in the digest?(No)
JUDGMENT
P.K.BHASIN, J(ORAL) Vide Award no. 4/DCW/98-99 dated 16-10-98 compensation in respect of the land of cross-objector Asha Devi and number of other persons in village Tikri Kalan, Delhi which was sought to be acquired vide notification dated 11-06-1996 under Section 4 of the Land Reforms Act was fixed by the Land Acquisition Collector @ Rs. 8,06,400/- per acre or Rs. 1,68,000/- per bigha in respect of land falling in block „A‟. The present cross-objector was not satisfied with the compensation awarded to them by the Land Acquisition Collector and accordingly reference under Section 18 of the Land Acquisition RFA 622/2006 Page 1 of 4 Act, 1894(in short „the Act‟) was got made to the District Judge. The learned Additional District Judge disposed of the reference vide his judgment dated 25-05-2006 affirming the amount of compensation fixed by the Land Acquisition Collector. IOC, the beneficiary of the acquired land in village Tikri Kalan felt aggrieved by the decision of the Additional District Judge and for seeking reduction in the compensation it filed appeal in this Court. The cross-objector Asha Devi in the present case filed cross-objections(registered as CM No. 3864/07) in the appeal of IOC(being LA. APP. No. 622/2006). It appears that many appeals by the IOC as well as other land owners had also been filed against the decision of the Additional District Judge disposing of other such References in respect of the same village which were also acquired vide same award dated 16-10-98. The appeals filed by the IOC, including the present appeal, being LA Appeal No. 622/06, as well as various land owners were all disposed of by this Court vide a common judgment dated 19-12-2008. While all the appeals filed by the IOC were dismissed the appeals of land owners were partly allowed inasmuch as the compensation in respect of the land in block „A‟ of village Tikri Kalan was enhanced.
2. It appears that while disposing of the appeals filed by the IOC as well as various land owners vide common judgment dated 19 th December, 2008 the cross-objections of the present cross-objector, which she had filed in this appeal of the IOC, went unnoticed and no specific order in respect thereto was passed and so the same remained pending.
RFA 622/2006 Page 2 of 4
3. The cross-objector having noticed the absence of number of her cross-objection petition in the judgment dated 19-122008 moved an application dated 25th March, 2009 mentioning therein that her cross-objections do not appear to have been disposed of by the said common judgment due to some inadvertence and therefore, the same needed to be formally disposed of now. Counsel for IOC as well as UOI (LAC) very fairly conceded the position that the present cross- objector is also entitled to the benefit of enhancement given by this Court vide its decision dated 19-12-2008 to various land owners who had claimed enhancement of compensation in respect of their lands in block „A‟ of village Tikri Kalan. It was submitted by learned counsel for the cross-objector also that she is also not claiming anything more than what this Court has awarded to other land owners while allowing their appeals partly vide judgment dated 19- 12-2008.
4. The relevant para in the judgment dated 19-12-2008 whereby the compensation in respect of the land in block „A‟ of village Tikri Kalan was enhanced is para no. 45 which reads as under:
"45. Since we have fixed marked value of Rs. 2,15,160/- in respect of land acquired vide Notifications dated 24.7.1995 and 16.11.1995, the land owners in these appeals shall be entitled to enhancement for the period from 22.8.1995 to 11.6.1996 on the aforesaid amount. Having regard to the fact that in 1995-96 the prices of the land were increasing and the period involved is less than 10 months, we are of the opinion that enhancement @ 12% p.a. is rightly given having regard to the principles laid down by this Court in Bedi Ram & Ors. V. Union of India & Anr., 93 (2001) DLT 150. The enhancement for the period in question, at that rate, would work out to Rs. 20,655/-. On that basis, the market value for the land covered under these appeals for „A‟ category land is fixed at Rs. 2,35,815/- and for „B‟ category it amounts to Rs. 1,90,156/-. These appeals are LAA Nos. 771, 775, 622, 621, 772, 623, 629, 698, 634, 727, 625, 711, 628, 726, 712, 626, 798, 624, 713, 702, 565, 699 & 605/2006, 2/2007 & 212/2007."RFA 622/2006 Page 3 of 4
5. From the said para of the judgment it is clear that compensation in respect of the land in block „A‟ was enhanced to Rs. 2,35,815/- per bigha.
6. In view of the fore-going, the cross-objections filed by the cross-objector Asha Devi are allowed and it is ordered that she would also be entitled to the benefit of enhancement, as referred in the above extracted para no. 45 of the judgment dated 19-12-2008, given to other similarly situated land owners. The cross-objector shall, however, be not entitled to interest for the period of delay in preferring the cross-objections on which condition the delay was condoned vide order dated 14th March, 2007.
7. Decree be drawn accordingly.
P.K.BHASIN,J SEPTEMBER 03, 2009 sh RFA 622/2006 Page 4 of 4