Delhi High Court
Rattan Lal Aggarwal vs Union Of India on 16 December, 2009
Author: S.L.Bhayana
HIGH COURT OF DELHI: NEW DELHI
RFA NO.641/1993
Judgment reserved on: 29.10.2009
Date of Decision: 16.12.2009
Rattan Lal Aggarwal ...... Appellant
Through: Mr.R.K. Shukla, Adv.
Versus
Union of India ..... Respondents
Through: Mr. Sanjay Poddar, Adv. for UOI
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
award/order dated 14.7.1992 passed by the Additional District Judge,
Delhi in LAC No. 51/1991.
2. The brief facts of this present appeal are that the land of the
appellant situated at village Khichripur, Delhi was acquired vide
award No.97/83/84 by the Government. The Government acquired
total land measuring 30 bighas 7 biswa as per details given in Section
19 statement of the Land Acquisition Act, 1894. The land had been
acquired by the LAC by awarding the compensation with reference to
notification u/s 4 of the Act, dated 07.07.79, @ Rs.2500/- per bigha.
That in reference petition u/s 18 of the LA Act vide LAC No.51/1991,
the Ld. ADJ Vide the judgment under appeal dated 14.7.1992 fixed the
market value of the land in question @ Rs.18,460/- per bigha along
with solatium at 30% pa and other statutory benefits the market value
of the acquired by the appellant was determined by the learned ADJ
by placing reliance on the judgment of this Hon'ble Court, being RFA
No.241/1982, pertaining to the land of village Ghajipur, wherein the
compensation has been awarded @ Rs.6500/- with reference to
Section 4 notification dated 03.03.1964 by allowing 12% increase per
annum by taking into consideration the escalation of the land prices
between the year 1964 to 1979. Section 4 notification in the instant
case is dated 07.07.1979.
3. Learned counsel for the appellant had initially claimed
enhancement in compensation for the land in question in the petition
u/s 18 of the Land Acquisition Act @ Rs.250/ per sq yd. Learned
Additional District Judge vide order and judgment dated 14.7.1992
enhanced the compensation to Rs.18,460.00 per bigha and also
granted other statutory benefits in accordance with law.
4. The appellant still dissatisfied by the enhancement granted by
the learned reference court preferred the present appeal seeking
further enhancement of the compensation besides the statutory
benefits.
5. Learned counsel for the both parties have placed reliance upon
Judgment of this court, Shri Mangtoo Vs. Union Of India & Ors., 1999
(78) DLT 723 in which the market value of the land acquired in the
same village through notification dated 13.11.1959; has been fixed by
this court @ Rs 8,000/- per bigha.
6. Learned counsel for both the parties have placed reliance upon
the Division Bench Judgment of this Hon'ble Court titled as "Bedi
Ram Vs U.O.I & Ors." passed on 23.3.2001 in which taking into
consideration the rising trend in escalation of the prices of land in the
adjoining village i.e. Dallupura, Mandawali, Fazalpur, Karakardooma,
Khichripur, Ghazipur and village Chilla Sarod Bangar and village
Kondali with reference to section 4 notification dated 13.11.59 market
value of the land has been fixed in respect of all the aforesaid villages
@8,064/- per bigha.
7. Learned counsel for the respondent contends that in Bedi Ram's
case this Court while considering the assessment of the market value
of land situated in village Kondali, which was acquired through two
notifications, dated 8.2.1973 and 19.8.1976. The compensation rate of
Rs 22,850.00 per bigha was awarded for land acquired through
notification dated 8.2.1973. However giving appreciation at the rate
of 12% p.a. over this rate, this Hon'ble Court awarded compensation
for the notification dated 19.8.1976 at Rs 34,150.00 per bigha. It is
submitted that even if this formula is adopted in the present case
there is a time gap of about three years. Thus, the maximum
compensation in the present case would be Rs.46,444.00 per bigha
(34150.00 x 36%).
8. I have heard learned counsel for the parties and perused the
record.
9. I am in respectful agreement with the law laid down by Hon'ble
Supreme Court in Sunder Singh (supra) and also by the Division
Bench of this Court in the case of Bedi Ram (supra). The facts of both
these cases apply to the facts of the present case also, wherein the
compensation was increased by 12% per annum over and above the
market value of the land. In the present case there being a time
period of three years from 8.2.1973 to 19.8.1976, the increase at 12%
would come to 36%. Thus, the maximum compensation in the present
case would be Rs 46,444.00 per bigha for the land acquired on
19.08.1976.
10. In my opinion, the appellants are entitled to increased
compensation at Rs 46,444.00 per bigha. The compensation awarded
by the learned trial Court is increased from Rs 18,460/- to Rs 46,444/-.
11. On 07.07.2005, this appeal was dismissed for non-prosecution.
Thereafter, the appellant filed CM No.10671/05 for restoration of the
appeal. When the application for restoration of the appeal came up for
hearing on 01.08.2009, the learned counsel for the appellant made a
statement that the appellant shall not claim any interest w.e.f.
07.07.2005 till today. In view of the statement made by learned
counsel for the appellant, the appellant is not entitled for any interest
w.e.f. 07.07.2005 till today. However, the appellant is entitled to other
statutory benefits awarded by the trial Court in the impugned
judgment.
11. With these observations, the appeal is allowed and stands
disposed of.
S.L.BHAYANA, J
December 16, 2009
