Uoi vs Gian Chand Sharma
2008 Latest Caselaw 2101 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
11.
+                              RFA No. 835/1987

%                              DATE OF DECISION: 27th November, 2008

       UOI                                                  ..... Appellant
                               Through: Mr. Ramesh Ray, Advocate.

                      versus


       GIAN CHAND SHARMA                                     ..... Respondent
                    Through: None.

CORAM:

HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MR. JUSTICE MANMOHAN

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the digest?

                               JUDGMENT

MUKUL MUDGAL, J: (ORAL)

1. This appeal challenges the impugned judgment dated 15th April, 1987

of the learned Additional District Judge, Delhi in LAC No. 79/76 in respect

of land situated in revenue estate of Village Sultanpur, Mehrauli, New Delhi

in awarding compensation @ Rs. 6,445/- per bigha.

2. It is not in dispute that this Court in similarly situated lands, though

for different notification, has awarded a sum of Rs. 6,000/- per bigha in RFA

No. 83-D of 1960 titled as Union of India Vs. Dewan Chand, decided on

23rd July, 1963, relating the land acquired through Notification dated 25 th

July, 1956 under Section 4 of the Land Acquisition Act.

3. Considering the fact that the present acquisition is of 1961, we are of

the view that the compensation @ Rs. 6,445/- per bigha cannot be

considered to be unreasonable due to passage of time. Accordingly, while

we find no merit in the appeal in so far as quantum is concerned, learned

counsel for the appellant is absolutely right in stating that the Respondent

shall not be entitled to recover the additional amount as directed in

paragraph 12 of the said judgment under Section 23 (1A) of the Land

Acquisition Act in view of judgment of the Hon'ble Supreme Court in K.S.

Paripoornam Vs. State of Kerala AIR 1995 SC 1012 as award is dated 17th

April, 1975 that is much prior to the year of 1982 fixed in the said judgment.

Accordingly, the direction qua the additional amount in para 12 of the

impugned judgment is set aside.

4. The appeal is dismissed with the above modification. The amount

payable shall be paid not later than twelve weeks from today.

5. Since nobody is there to press cross-objections, the cross-objections

are dismissed.

MUKUL MUDGAL, J

MANMOHAN, J NOVEMBER 27, 2008 sb