Shir Om Prakash (Deceased) vs Uoi & Anr.
2009 Latest Caselaw 4971 Del

Citation : 2009 Latest Caselaw 4971 Del
Judgement Date : 3 December, 2009

Delhi High Court

Shir Om Prakash (Deceased) vs Uoi & Anr. on 3 December, 2009

Author: S.L.Bhayana

                  HIGH COURT OF DELHI: NEW DELHI


                                         Judgment Reserved on: 20.11.2009

                                         Judgment Delivered on: 03.12.2009

LA.APP. No.229/2009

Shri Om Prakash (Deceased)                       ...... Appellant
                     Through: Mr. S.K. Rout & Mr. M.K.Pradhan,
                     Advs.

                                Versus
UOI & ANR                                                  ..... Respondents
                                Through: Mr. Sanjay Poddar,Adv. for R-1/UOI.
                                         Ms. Shobhna Takiar, Adv. for R-2.

CORAM:
HON'BLE MR. JUSTICE S.L. BHAYANA

     1. Whether reporters of local papers may be allowed to see the
        judgment?                          Yes

     2. To be referred to the Reporter or not? Yes
     3. Whether the judgment should be reported in the digest or not?
                                               Yes

S.L. BHAYANA, J.

The appellants have preferred the present appeal against the

judgment and decree dated 24.03.2007, passed by the Additional

District Judge, Delhi in LAC No.7/98.

2. The brief facts of the case are that Vide Notification

No.f10(6)88/L&B, dated 06.06.1991, issued under Section 4 of the

Land Acquisition Act, 1894 (for short "the Act") large tract of land

situated in revenue village Kakrola was notified for acquisition for

public purpose viz. "for the planned development of Delhi." It was

followed by declaration under Section 6 of the Act and thereafter

Award No.1/93-94 came to be passed by the Land Acquisition

Collector. The total land of this village acquired was 8723 bighas and

16 biswas. In the award, the Land Acquisition Collector classified the

lands into three categories. He awarded Rs.96,875/-per bigha for

Block „A‟ land. For determining this market value, he followed the

recommendations of the Joint Secretary (Land & Building), Delhi

Administration contained in letter dated 03.05.1990. The LAC fixed

the minimum price of Block-B land at Rs.38,000/- per bigha, whereas

for the land falling in Block-C, the market value was fixed at

Rs.32,000/- per bigha.

3. The appellants not satisfied with the said fixation of the market

value of their land sought reference under Section 18 of the Act

before the learned Additional District Judge in LAC No.7/1998. The

learned ADJ answered the reference vide his judgment dated

06.05.2003. He did away with the categorization of the land into three

blocks and fixed uniform market value for the entire land. As per the

said award it was decided that the fair price and market value of the

land in dispute as on the date of the notification was Rs.1,25,000/- per

bigha. The land owner as well as Union of India challenged the said

award by filling appeal before this Court, whereby award dated

06.05.2003 passed by the learned ADJ was set aside and the matters

were remanded back to the reference Court with a direction to

adjudicate the matter afresh after allowing the parties to lead further

evidence.

4. The learned ADJ decided the reference vide his Award dated

24.03.2007 fixing the market value of the land in question at

Rs.1,09,500/- per bigha.

5. Aggrieved by the said Award, the appellants preferred the

present appeal challenging the order dated 24.03.2007 passed by the

learned ADJ.

6. Heard learned counsel for the parties and perused the record.

7. Leaned counsel for the appellants, at the very outset, submits

that the issue had already come up for consideration before the

Division Bench of this Court in the case of Ved Prakash & Ors. Vs.

UOI, (LA.A. No.673 of 2008) and other connected matters decided

on 23.10.2008 whereby the abovesaid notification was challenged by

some of the land owners of the village Kakrola. While partly allowing

the appeals of the land owners the Division Bench has passed the

following order:

"On this reckoning, we are of the opinion that the market price of the land in question as on 3.5.1990 should be Rs.96,875+Rs.9,685. In this manner, as on 3.5.1990, the market value would be Rs.1,06,560/-. We are of the opinion that the learned ADJ rightly held that appreciation of 13 months @ 12% is to be given. By applying this formula, the market value of the land as on date of notification under Section 4 of the Act would be Rs.1,20,500/- per bigha.

In these circumstances, the appeals of the land owners are partly allowed by enhancing the compensation from Rs.1,09,500/- to Rs.1,20,500/-. These appeals are allowed in the aforesaid manner with proportionate costs. The appellants shall also be entitled to all other statutory benefits, as awarded by the learned ADJ. All the pending applications also stand disposed of. As a consequence, the appeals preferred by the UOI are also dismissed."

8. In view of the order passed by the Division Bench in the case of

Ved Prakash (supra), the appeal is also partly allowed by enhancing

the compensation from Rs.1,09,500/- to Rs.1,20,500/-.

9. Vide order dated 12.05.09, the appellants has already conceded

that they will not claim any interest for 505 days as there was delay in

filing this appeal by the appellants. The application for condonation of

delay in filing the appeal was allowed subject to the condition that

they will not claim interest for this period of 505 days. In this view of

the matter, the appellants are not entitled for any interest for 505

days in filing the appeal and also the costs of the suit. However, the

appellants shall be entitled to all other statuary benefits, as awarded

by the learned ADJ.