Uoi vs Smt. Chhanno
2009 Latest Caselaw 5003 Del

                  HIGH COURT OF DELHI: NEW DELHI


                                         Judgment Reserved on: 25.11.2009

                                         Judgment Delivered on: 04.12.2009

LA.APP. No.574/2009

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

                                Versus

SMT CHHANNO                                                     ...... 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 been preferred by the Union of India

against the judgment and decree dated 08.05.2008, passed by the

Additional District Judge, Delhi in LAC No.160/2000

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

under section 11 of the act award No.1/93-94 dated 2.4.1993, 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 appellant 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.160/2000. 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

08.05.2008 fixing the market value of the land in question at

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

5. Aggrieved by the said Award, the appellant/UOI preferred the

present appeal challenging the order dated 08.05.2008 passed by the

learned ADJ.

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

7. Leaned counsel for the appellant, 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 dismissed. The respondent shall be

entitled to enhanced rate of compensation from Rs.1,09,500/- to

Rs.1,20,500/- as held in the case of Ved Prakash (supra).

9. The respondents shall also be entitled to all other statuary

benefits, as awarded by the learned ADJ.

10. In view of the above, the appeal along with all pending

applications stands disposed of.

S.L.BHAYANA, J

December 04, 2009 KA