Daya Nand vs Union Of India & Ors.
2010 Latest Caselaw 847 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              RFA 200/2002

                                                 Date of decision : 15.02.2010
IN THE MATTER OF :

DAYA NAND                                                 ..... Appellant
                         Through : Mr. Kuldeep Sehrawat, Advocate


                         versus


UNION OF INDIA & ORS.                               ..... Respondents
                    Through: Mr. Ramesh Ray, Advocate for R1/UOI.


  CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may         No
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?        No

     3. Whether the judgment should be                No
        reported in the Digest?

HIMA KOHLI, J. (ORAL)

1. The present appeal is directed against the judgment dated

10.10.2001 passed by the learned Additional District Judge on a reference

petition filed by the petitioner in respect of the land situated in village

Singhola, covered under Award No.1/95-96 announced on 26.4.1995,

pursuant to the notification issued under Section 4 of the Land Acquisition

Act (in short 'the Act'), and followed by the notification issued under

Section 6 of the Act dated 29.9.1993.

2. The petitioner was aggrieved by the market value of the

acquired land fixed by the learned LAC at Rs.96,875/- per bigha. By the

impugned judgment, the Reference Court enhanced the market value of the

entire land to Rs.1,30,523/- per bigha and thus held that the petitioner was

entitled to get enhancement in compensation @ Rs.33,648/- per bigha. In

addition thereto, the petitioner was also held entitled to other statutory

benefits as specified in para 12 of the impugned judgment.

3. Aggrieved by the aforesaid judgment, the petitioner has filed the

present petition, wherein the enhancement in compensation for the acquired

land is sought @ Rs.3,00,000/- per bigha.

4. Counsel for the respondent draws the attention of this Court to

para 8 of the impugned order to submit that the petitioner claimed fixation

of the market value of the entire land @ Rs.1,30,523/- per bigha by relying

upon the judgment passed in LAC No.90/2000 entitled Surinder Singh vs.

UOI & Anr. decided on 29.8.2001. The Reference Court took into

consideration the said judgment and drawing a parity therewith, fixed the

market value of the entire land also at Rs.1,30,533/- as on 19.3.1993, i.e.,

the date of the notification issued under Section 4 of the Act. He submits

that in these circumstances, no further enhancement can be claimed by the

petitioner, beyond what was granted to the petitioner as that was the rate

he had himself claimed.

5. Counsel for the appellant concedes the aforesaid position.

Parties draw the attention of this Court to the judgment of the Division

Bench dated 6.4.2004, passed in the case of Ram Chander & Ors. vs. UOI

Etc., reported as 2004 (74) DRJ 182 (DB). The aforesaid judgment also

pertains to the land situated in village Singola under the same award,

wherein the Division Bench, after considering the judgment of the Reference

Court impugned in the said appeal, did not find any infirmity therein and

dismissed the appeal of the land owners.

6. As the judgment of the learned Additional District Judge,

impugned in the aforesaid appeal is identical to the one in the present case,

and has been upheld by the Division Bench in the case of Ram Chander

(supra), nothing further survives in the present appeal. Following the

aforesaid judgment of the Division Bench, the present appeal is dismissed,

while affirming the impugned order.

7. The parties are left to bear their own costs.

(HIMA KOHLI) JUDGE FEBRUARY 15, 2010 sk/rkb