Jai Singh vs Union Of India
1997 Latest Caselaw 842 Del

JUDGMENT

Arun B. Saharya, J.

1. This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") against award and decree dated 26.4.1994 passed by the learned Additional District Judge, Delhi, determining the amount of compensation payable to the appellant for acquisition of their land situated in Village Kureni, Delhi.

2. The piece of land in question was acquired by notification under Section 4 of the Act dated 30.10.1963. Declaration under Section 6 of the Act was issued on 16.1.1969 and Award was made by the Land Acquisition Collector on 17.9.1986.

3. The question of market value of land in the same village, acquired by the very same notification, was the subject-matter of RFA No. 598/93; Mange Ram Vs. Union of India, which was decided by a Division Bench of this Court on 27.9.1996. In that case, the market value was assessed @ Rs. 25,000/- per bigha.

4. Accordingly, we hold that market value of the land of the appellant in the present case also should be determined @ Rs. 25,000/- per bigha. The appellant will also be entitled to get 12% per annum additional amount under Section 23(lA) of the Act on the market value from the date of notification under Section 4 of the Act till the date of award or taking over of possession' whichever is earlier. In addition to the market value, the appellant/claimant shall be entitled to payment of solatium at the rate of 30% per annum of the aforesaid market value, in consideration of the compulsory nature of the acquisition under Section 23(2) of the Act. The appellant/claimant shall also be entitled to interest at the rate of 9% per annum from the date of dispossession till expiration of one year from that date and thereafter @ 15% per annum till the date of payment in Court on the compensation in excess of the sum awarded by the Collector in terms of Section 20 of the Act.

5. Since there is a difference of more than three years between the notification under Section 4 (30.10.1963) and declaration under Section 6 (16.1.1969) of the Act, the appellant shall also be entitled to interest @ 6% per annum on the market value of the land from the date of expiry of the said period of three years to the date of tender of payment awarded by the Collector under Section 4(3) of the Land Acquisition (Amendment and Validation) Act, 1967.

6. The appellant/claimant shall also be entitled to proportionate costs.

7. The appeal is accordingly allowed.

Appeal allowed.