Shri Godhu And Ors. vs Union Of India (Uoi)
2005 Latest Caselaw 592 Del

JUDGMENT

B.C. Patel, C.J.

CM 4331/04

This application is preferred by the original claimants, inter alia, praying to allow them to amend the memorandum of appeal so as to enable them to get higher compensation. The original claimants had claimed the compensation @ Rs. 17000/- per bigha. Now by this application the claimants are claiming compensation @ Rs. 75000/- per bigha. Court fees has been affixed. The application was preferred in March 2004 while the appeal was filed on 3rd July, 1997. In the facts and circumstances of the case wallow this application subject to the condition that the claimants will not be entitled to any interest on the enhanced amount from the date of the impugned order till the date of the application except for the period of 90 days.

RFA 201/97

1. The proceedings commenced under the provisions contained under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) for acquiring the land situated at village Jagatpur vide notification dated 12-6-1987 which was followed by another notification under Section 6 dated 17-6-1987. The Land Acquisition Collector made an award bearing No. 26/89-90 awarding the compensation @ Rs. 14200/- per bigha. The claimants moved an application under Section 18 of the Act and the reference court in LAC No. 71/93 after considering the material placed on record held that the compensation was correctly granted and dismissed the application. It is against this judgment made by the reference court the present appeal is preferred.

2. We are not required to discuss the facts and circumstances of the case in detail as the land situated at village Jagatpur came to be acquired vide notification issued under Section 4 of the Act on 12-1-1984. These aspects were examined in detail by the Division Bench of this court in Vijay Singh and Ors. v. Union of India 111 (2004) DLT 751 wherein for a notification issued on 12-1-1984 for the land situated at village Jagatpur was dealt with. The court appreciating the relevant aspects held that the claimants are entitled to get compensation @ Rs. 27200/- per bigha as fair market value. As the price determined by the Division Bench in the Vijay Singh's case (supra) was fixed at Rs. 27200/-, in our opinion, the same should form the basis for determination of the amount in this case. The appellants are given escalation @ 10% per bigha per year on the previous year over and above the other benefits as per law and the amount would be in the vicinity of Rs. 37200/- per bigha. Ordered accordingly. Of course the appellants will be entitled to interest on the enhanced amount in terms of direction passed in CM No. 4331/2004

3. The appeal is allowed with proportionate costs.