Charan Singh vs U.O.I.
2010 Latest Caselaw 1201 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              RFA No. 209/1997

                                                 Date of decision : 03.03.2010
IN THE MATTER OF :
CHARAN SINGH                                              ..... Appellant
                                     Through : Mr. Om Prakash, Adv.

                   versus

U.O.I.                                                 ..... Respondent
                                     Through : Mr.Ramesh Ray, Adv.

  CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI

     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                             Yes
        reported in the Digest?



HIMA KOHLI, J. (ORAL)

1. The present appeal is preferred by the appellant against an order

dated 29.1.1996 passed by the learned Additional District Judge on a

reference petition filed by him, under Section 18 of the Land Acquisition Act,

1894 (in short 'the Act').

2. The subject matter of the present appeal is land situated in

village Khichripur, Delhi in respect of which a notification under Section 4 of

the Act was issued on 7.7.1979, followed by a notification under Section 6 of

the Act, dated 12.11.1979. The Land Acquisition Collector made an award

No.97/83-84 dated 29.2.1984, and fixed the compensation in respect of the

acquired land, subject matter of the appeal, @ Rs.2500/- per bigha.

3. Aggrieved by the aforesaid award, the appellant filed a reference

petition before the learned Additional District Judge, under Section 18 of the

Act. By the impugned judgment, the learned Additional District Judge held

that the appellant is entitled to enhanced compensation for the land in

question, @ Rs.26,880/- per bigha, along with other statutory benefits.

4. Counsel for the appellant states that facts of the present case

are identical to those of the case registered as RFA No.641/1993 entitled

Rattan Lal Aggarwal vs. UOI, decided by a Single Judge of this Court on

16.12.2009, wherein the same award, pertaining to the same village was a

subject matter of consideration. In the said case, the learned Single Judge

allowed the appeal and held that the appellant therein was entitled to

increased compensation for the acquired land, @ Rs.46,444/- per bigha.

5. The aforesaid decision was based on a judgment of the Division

Bench in the case of Bedi Ram vs. UOI & Ors., reported as 93(2001) DLT

150, decided on 23.3.2001, wherein taking into consideration the rising

trend in escalation of prices of land in the adjoining village Kondli, subject

matter of consideration in the aforesaid case, the market value of the land

was fixed @ Rs.22,850/- in respect of the land acquired under the

notification dated 8.2.1973, with an appreciation @ 12% p.a. over this rate

for the land acquired vide a notification dated 19.8.1976, which came to

Rs.34,150/- per bigha. Taking into consideration the rates of compensation

fixed for the land acquired by notifications issued in the years 1973 and

1976 respectively, in the case of Ratan Lal Aggarwal (supra), the learned

Single Judge held that by adopting the same formula of giving appreciation

at the rate of 12% p.a. over the compensation awarded for the notification

dated 19.8.1976 @ Rs.34,150/-, the maximum compensation payable to the

appellant with reference to the notification dated 7.7.1979 would be @

Rs.46,444/- per bigha.

6. On inquiry, counsel for the respondent/UOI states that the

judgment dated 16.12.2009 in the case of Rattan Lal Aggarwal (supra) has

not yet been challenged by preferring an appeal before the Supreme Court.

7. Considering the fact that the subject matter of the present

appeal is the same award and the land in question is covered by the same

notification, no different view can be taken from that already taken in the

case of Rattan Lal Aggarwal (supra). Accordingly, the present appeal is

allowed on the same lines. The appellant is held entitled to grant of

compensation @ Rs.46,444/- per bigha for the land in question along with

statutory benefits in accordance with law, which are as under :

(a) 12 % additional amount on the above market value of land under section 23 (1A) of the Act.

(b) 30% solatium on the above market value of land under section 23 (2) of the Act.

(c) Interest under section 28 of the Act at the rate of 9% per annum from the date of dispossession for the first year and thereafter at the rate of 15% per annum till the date of the tender of compensation, which includes the benefit granted by the Hon'ble Supreme Court in the case of Sunder Vs. Union of India reported as 2001 (93) DLT 569.

8. The present appeal is allowed with proportionate costs.

                                                        HIMA KOHLI,J
           MARCH    03, 2010
           sk