Kartar Singh vs Union Of India & Anr.
2010 Latest Caselaw 2420 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              LA. APP. 262/2010

                                                 Date of decision : 05.05.2010
IN THE MATTER OF :

KARTAR SINGH                                                ...... Appellant
                         Through: Mr. V.S. Rana, Advocate

                         versus

UNION OF INDIA & ANR.                                 ...... Respondents
                    Through: Mr. Sandeep Anand, Advocate for
                    Mr. Sanjay Poddar, Advocate for UOI.
                    Ms. Shobhana Takiar, Advocate for R2/DDA.

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 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 24.07.1995. This was followed by the declaration under Section 6

of the Act dated 22.08.1995. 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 21.09.1995. Thereafter, the Land

Acquisition Collector made and pronounced his award under Section 11 of

the Act, being Award No. 2/1997-98 dated 23.07.1997. 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. Dis-satisfied with the said determination of the market value of

the land, the appellant 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 24.12.2005, declined to grant

any enhancement in the compensation determined by the Land Acquisition

Collector. However, other statutory benefits were granted by the learned

Reference Court 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. 2,28,000.00 per bigha besides the statutory

benefits. As there was delay of 1445 days in preferring the appeal, today

counsel for the appellant made a statement in CM 4706/2010 that in the

event any enhancement is granted by this Court, the appellant would not

claim any interest on the enhanced amount 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., 1445 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 24.07.1995, 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 states 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 appellant would not be

entitled to interest on the enhanced amount for the period of 1445 days of

delay and costs of the appeal.

7. The appeal is disposed of.

                                                         (HIMA KOHLI)
MAY 05, 2010                                                 JUDGE
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