Om Prakash S/O Sh. Sher Shingh ... vs Uoi & Ors.
2010 Latest Caselaw 1501 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

                           + LAA No.268/2010

                                         Decided on 17.03.2010
IN THE MATTER OF :

OM PRAKASH S/O SH. SHER SHINGH (SINCE DECEASED)
THROUGH LRs & ORS.                       .....Appellants
                  Through : Mr. B.S. Maan, Adv. with
                  Mr.Om Prakash & Mr.Jai Prakash, Advocates

                  versus

UOI & ORS.                                     ..... Respondents
                        Through :   Mr. Ramesh Ray, Adv. for R-1&3.
                                    Mr. Amit Mehra, proxy counsel for
                                    Mr. Ajay Verma, Adv. for DDA.
    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 land of the appellants situated in village Tikri Kalan was

acquired by the respondent/UOI, vide preliminary notification issued

under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred

to as 'the Act') on 16.11.1995. This was followed by the declaration

under Section 6 of the Act dated 27.12.1995. In view of the urgency

of the scheme, the provisions of Section 17(1) of the Act were also

made applicable and the possession of the land was taken over on

30.01.1996. Thereafter, the Land Acquisition Collector made and

pronounced his award under Section 11 of the Act, being Award No.

17/1997-98 dated 26.12.1997. In his award, the Land Acquisition

Collector assessed the market value of the land at the rate of

Rs.1,68,000.00 per bigha for category "A" leveled land and

Rs.1,26,340.00 for category "B" land, besides other statutory benefits.

2. The appellants dis-satisfied with the said determination of

the market value of the land, preferred a reference under Section 18

of the Act for enhancement of the compensation, which was referred

to the court of the learned Additional District Judge, Delhi. The

learned Additional District Judge, vide Order and judgment dated

21.03.2006, enhanced the compensation @ of Rs.1,73,040.00 per

bigha, irrespective of categorization of land and also granted other

statutory benefits in accordance with law.

3. The appellants still dissatisfied by the enhancement granted

by the learned Reference Court, preferred the present appeal seeking

compensation at the rate of Rs. 2,15,160.00 per bigha besides the

statutory benefits. As there was delay of 1367 days in preferring the

appeal, today counsel for the appellants made a statement in CM

4924/2010 and also made an averment in para 7 of the said

application for condonation of delay that in the event any

enhancement is granted by this Court, the appellants would not claim

interest for the period of delay and also not press for costs of the

appeal. On his statement, the delay in filing the appeal was condoned

subject to the condition that the appellants would not be entitled to

interest for the period of delay, i.e., 1367 days and also the costs of

the appeal.

4. It is submitted by the counsel for the appellants that a

Division Bench of this Court in a batch of matters including LAA No.

193/2006 entitled Pratap Singh deceased through LRs vs. Union of

India and Ors., decided on 19.12.2008, determined the market value

of the land acquired in the same village through various notifications

at various rates. However, in respect of the land acquired through the

notification dated 16.11.1995, the market value was assessed at

Rs.2,15,160.00 per bigha for land falling in category "A" and at

Rs.1,73,500.00 for category "B" land. In addition to the market value,

the following statutory benefits as granted by the Reference Court

were also upheld:-

(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.

5. Counsel for the respondent/UOI concedes that the present

case is also covered by the aforesaid judgment. He further submits

that the aforesaid judgment in the case of Pratap Singh (supra) has

attained finality in view of the fact that the Special Leave Petition

preferred by the respondent/Union of India as also by the landowners,

registered as SLP(Civil) No. 573-628/2010 has been dismissed by the

Supreme Court vide order dated 05.01.2010.

6. Guided by the judgment in the case of Pratap Singh

(supra), it is held that the market value for the land falling in the

category of „A‟ shall be maintained at Rs.2,15,160.00 per bigha and for

category „B‟ land at Rs.1,73,500.00. In addition to the market value,

statutory benefits as granted to the appellant in the case of Pratap

Singh (supra) shall also be granted to the appellants herein. However,

the appellants would not be entitled to interest for the period of 1367

days of delay and costs of the appeal.

7. The appeal is disposed of.

(HIMA KOHLI) JUDGE MARCH 17, 2010/sk