* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA No. 40 of 2003
% Date of Decision: 2nd February, 2011
! UNION OF INDIA ....Appellant
Through: Mr. Sanjay Poddar, Advocate
versus
$ SHRI PRABHU ...Respondent
^ Through: None
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) This appeal was filed by the Union of India against the judgment and decree dated 5th August, 2002 passed by the learned Additional District Judge while deciding a reference under Section 18 of the Land Acquisition Act forwarded by the Land Acquisition Collector at the instance of the respondent herein whose land in village Neelwal had been acquired. The Land Acquisition Collector had awarded compensation to the respondent in respect of his acquired land @ Rs. 3515/- per bigha vide Award no. 250/86- 87 dated 06-02-1987. The respondent land owner felt aggrieved and got a reference made under Section 18 of the Land Acquisition Act. The learned RFA No. 40/2003 Page 1 of 4 Reference Court vide impugned judgment dated 5 th August, 2002 enhanced the market value to Rs. 14,650/- per bigha. While giving this enhancement the learned Reference Court had relied upon one Award in respect of village Hiran Kunda @ Zaffarpur whereunder the market value of the land had been fixed at Rs. 10,750/- per bigha. That Award had been given in respect of the notification issued on 31st October, 1980 while the notification of the present case was issued on 07-05-1985 and taking into consideration the fact that village Neelwal was better situated than village Hiran Kunda and since the notification of the present case was issued in the year 1985 the market value was fixed at Rs. 14,650/- per bigha by giving 9% increase per annum over and above Rs. 13,437/- per bigha fixed in respect of the notification issued in the year 1980 for village Neelwal.
2. Learned counsel for the appellant had stated that the Government had challenged the fixation of market value of the land in village Hiran Kunda at Rs. 10,750/- but this Court had rejected this appeal and thereafter no further appeal appears to have been filed by the Government before the Hon'ble Supreme Court. However, the land owner had sought further enhancement in respect of his land in village Hiran Kunda by filing an appeal before the Hon'ble Supreme Court and his appeal was accepted and the matter had been remanded back to the Reference Court for fresh decision since the land owner had sought opportunity to adduce further evidence in support of his claim for further enhancement over and above the market value of Rs. RFA No. 40/2003 Page 2 of 4 10,750/-. During the course of the hearing learned counsel for the appellant has submitted that, in fact, this appeal had been filed at a time when the Government's appeal in respect of the Awards pertaining to village Hiran Kunda whereby value of the land had been fixed @ Rs. 10,750/- was pending decision before this Court and the Government was very hopeful of getting a reduction in the market value of that village.
3. From the afore-said submissions made by the learned counsel for the appellant it becomes clear that as far as the Government's challenge to the fixation of market value of land in village Hiran Kunda is concerned the same has already been rejected. However, counsel for the appellant submitted that since the matter has been remanded back for a fresh decision despite the fact that the Government's appeal against the fixation of market value @ Rs. 10,750/- has been rejected by this Court the Reference Court may still reduce it after the matter is taken afresh.
4. However, I am of the view that since the matter in respect of village Hiran Kunda has been remanded back by the Hon'ble Supreme Court to give an opportunity to the land owners concerned to adduce further evidence in support of their claim for further enhancement in the market value of the acquired lands and the Government's challenge to the fixation of the market value at Rs. 10,750/- has already been rejected by this Court and which decision has attained finality this Court for the purposes of present appeal can certainly accept the market value fixed in respect of village Neelwal at RFA No. 40/2003 Page 3 of 4 the rate determined by the learned Reference court considering the fact that no evidence was adduced by the Land Acquisition Collector before the Reference Court from which it could be said that there could be no comparison whatsoever between the villages Hiran Kunda and Neelwal. In fact, the Land Acquisition Collector had in its Award had noticed that village Neelwal was better placed than village Hiran Kunda.
5. I, therefore, do not find any merit in the Government's challenge to the fixation of the market value of the respondent's land vide impugned judgment and consequently this appeal is dismissed.
P.K. BHASIN,J FEBRUARY 02, 2011 sh RFA No. 40/2003 Page 4 of 4