Delhi High Court
Renu Vij vs Union Of India & Ors. on 19 March, 2010
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LA. APP. 272/2010
Date of decision: 19.03.2010
IN THE MATTER OF :
RENU VIJ ..... Appellant
Through: Mr. Rupesh Raj, Advocate for
Mr. S.S. Gulia, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Ramesh Ray, Advocate for UOI.
Mr. Amit Mehra, Advocate for Mr. Ajay Verma,
Advocate for R2 and R3.
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 appellant 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 03.01.1996. 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. 18/1997-98 dated 23.12.1997. 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 appellant, dis-satisfied with the said determination of the
market value of the land, preferred a reference petition 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 27.09.2006, enhanced the
compensation to Rs.1,73,040.00 per bigha, irrespective of categorization of
land and also granted other statutory benefits in accordance with law.
3. The appellant, still dis-satisfied by the enhancement granted by
the learned Reference Court, preferred the present appeal seeking
compensation at the rate of Rs. 2,68,000.00 per bigha besides the statutory
benefits. As there was delay of 14 months and 24 days in preferring the
appeal, today, counsel for the appellant made a statement in CM 5048/2010
that in the event any enhancement is granted by this Court, the appellant
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 appellant would not be entitled to interest
for the period of delay, i.e., 14 months and 24 days and also the costs of the
appeal.
4. It is submitted by the counsel for the appellant 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/Union of India concedes that the
present case is also covered by the aforesaid judgment. He further states
that the aforesaid judgment in the case of Pratap Singh (supra) has attained
finality in view of the fact that the Special Leave Petitions preferred by the
respondent/Union of India as also by the landowners, registered as
SLP(Civil) No. 573-628/2010 have 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, it is clarified that the appellant
shall not be entitled to claim interest on the enhanced compensation for the
period of delay of 14 months and 24 days in preferring the appeal and costs
in the appeal, in terms of the orders passed today in CM 5048/2010
preferred by the appellant for condonation of delay in filing the appeal.
7. The appeal is disposed of.
(HIMA KOHLI)
JUDGE
MARCH 19, 2010
rkb
