Kunwarani Mrs. Meenakshi Khurana vs Uoi
2010 Latest Caselaw 411 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       R.F.A. No.263/2000


                                        Decided on : 25.01.2010
IN THE MATTER OF :

KUNWARANI MRS. MEENAKSHI KHURANA               ..... Appellant
                 Through: Mr. Deepak Khosla, Adv.

                  versus

UOI                                                    ..... Respondent
                        Through: Mr. Sanjay Poddar with
                                 Mr. Ramesh Ray, Advs. for UOI.
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI

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

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

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

HIMA KOHLI, J. (ORAL)

1. The present appeal is directed against the judgment dated

12.11.1999 passed by the learned Additional District Judge on a

reference petition preferred by the appellant under Section 18 of the

Land Acquisition Act (in short 'the Act') against the compensation

granted by the Land Acquisition Collector @ Rs.8,000/- per bigha in

respect of the land situated at village Chilla Saroda Bangar covered by

award No.39/82-83. The notification under Section 4 of the Act was

issued on 17.11.1980, followed by a notification under Section 6 on

29.9.1981.

2. By the impugned judgment, the learned Additional District

Judge maintained the order of the Land Acquisition Collector and

dismissed the reference petition preferred by the appellant seeking

enhancement of compensation from Rs.8,000/- per bigha to

Rs.1,50,000/- per bigha.

3. Counsels for the parties state that during the pendency of

the present appeal, a Division Bench of this Court in the case of RFA

No.84/1999 entitled "Harprat & Ors. vs. UOI & Ors." along with other

connected appeals, passed a judgment dated 12.07.2002 wherein it

was held that the land owners therein were entitled to compensation

at the market value of Rs.3,45,000/- per bigha apart from other

statutory benefits. The aforesaid judgment was taken in appeal by the

UOI before the Supreme Court. The aforesaid appeal registered as

Civil Appeal No.2367/2006 entitled "UOI vs. Harpat & Ors.", along

with other connected appeals, was decided by the Supreme Court, vide

judgment dated 12.5.2009, whereunder the compensation as fixed by

the High Court was scaled down to Rs.76,550/- per bigha along with

other statutory benefits including interest.

4. Counsel for the appellant states that the present appeal be

also decided on the same lines by granting compensation to the

appellant @ Rs.76,550/- per bigha.

5. Counsel for the respondent/UOI states that the appellant

cannot claim entitlement to receive compensation at the aforesaid rate

for the reason that pursuant to the notification issued under Section 9

of the Act, he had confined his claim for enhanced compensation

before the Land Acquisition Collector to Rs.55,000/- per bigha. In

support of the said submission, he relies on a judgment of this Court in

the case of Hari Chand & Ors. vs. UOI & Ors. reported as 2009 X AD

(DELHI) 256. In the said case, it was held that the amendment to

Section 25 of the Act came into operation on 24.9.1984 and it would

not have any retrospective effect and, therefore, would apply only to

acquisitions made subsequent to the date.

6. In the present case, the award, subject matter of the

impugned judgment, is dated 30.9.1982, which is prior to the date of

amendment of Section 25 of the Act. Hence the appellant herein is

also governed by the un-amended Section 25 of the Act.

7. Counsel for the appellant concedes the aforesaid position

and states that in these circumstances, the enhancement of

compensation in the case of the land, subject matter of the present

appeal, be also confined to Rs.55,000/- per bigha along with other

statutory benefits including interest.

8. Accordingly, the present appeal is disposed of by holding

that the appellant shall be entitled to enhanced compensation @

Rs.55,000/- per bigha along with other statutory benefits including

interest thereon under Section 28 of the Act for the first year @ 9%

per annum from the date of dis-possession, and thereafter, @ 15%

per annum till the date of tender of compensation, which includes the

benefit granted in the case of Sunder vs. UOI reported as (93) 2001

DLT 569.

9. There shall be no orders as to costs.

HIMA KOHLI,J

JANUARY 25, 2010 sk