Uoi vs Popi (Decd) Thr. Lrs
2009 Latest Caselaw 4995 Del

                    HIGH COURT OF DELHI: NEW DELHI

                          RFA No. 662/1998


                                 Judgment reserved on: 19.11.2009

                                Judgment pronounced on: 04.12.2009


UOI                                                       ...... APPELLANT
                          Through: Mr. S.S. Dalal, Adv.

                          Versus

POPI (DECD) THR. LRS                                    ...... RESPONDENT

Through: None

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 present appeal has arisen out of the award/order passed by

the Additional District Judge, Delhi in LAC No. 11/1997 on 25.11.1997.

2. The brief facts of the case are that the respondents were the

owner of land bearing khasra no. 829/440(1-3), 828/441(1-12),

846/460(3-6), 847/461(1-19) total measuring 8 bighas and 10 biswas

situated in village Mandoli.

3. On 06.3.1965 and 19.10.1966 vide notification issued under

Sections 4 & 6 of the Land Acquisition Act, 1894 (for short "the Act),

the Land Acquisition Collector acquired the land vide award no. 61/80-

81 dated 30.11.1981. The LAC classified the said land into three

categories and awarded compensation of Rs.4000/- per bigha for first

category, Rs.3000/- per bigha for second category and Rs.1500/- per

bigha for third category. The land of the respondents fell in the second

and third category.

4. Aggrieved by the order of LAC, a reference was made to the Trial

Court. The learned ADJ enhanced the rate of compensation @

Rs.24,000/- per bigha. The learned ADJ has also held that the

respondents were entitled to solatium @ 30% of the market value and

interest @ 9% per annum for the first year from the date of taking

possession and thereafter @ 15% per annum till the date of payment

of excess amount. But the respondents were not granted any interest

on solatium by the learned Trial Court.

5. Learned counsel for the appellant has fairly conceded that the

learned Trial Court has relied upon the judgment of Division Bench of

this Court passed on 17.8.1995 in the case of Mangat vs. Union of India

(RFA No.402/1987) & other connected matters, while enhancing the

compensation of Rs. 24,000/- per bigha in favour of the respondents.

The learned Trial Court has also relied upon the judgment passed by

the Supreme Court in Ram Chand & Ors. vs. UOI in WP. Nos. 1609-

1622/1981 and Sh. Ved Prakash & Ors. vs. UOI in Civil Appeal no.

2630/1980 decided on 30.9.1993.

6. Having heard learned counsel for the parties and the documents

placed on record, I am of the opinion that the judgment of Division

Bench of this Court in the case of Mangat (supra) passed on 17.8.1995,

pertains to the same land of village Mandoli and whereby the same

award No. 61/80-81 was challenged in the said judgment and that had

become final between the parties since the SLP filed by UOI before the

Supreme court was dismissed.

7. Keeping in view the law laid down by the Supreme Court and the

Division Bench of this Court, I find no infirmity in the impugned

judgment.

8. The appeal filed by the appellant is, therefore, dismissed.

9. No order as to costs.

S.L.BHAYANA, J

December 04, 2009 KA