Delhi High Court
Sohan Lal (Deceased) Through Lrs. vs Uoi & Anr. on 13 May, 2010
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA No.465/2001
Decided on : 13.5.2010
IN THE MATTER OF :
SOHAN LAL (DECEASED) THROUGH LRs. ..... Appellant
Through: Mr. Om Prakash, Adv.
versus
UOI & ANR. ..... Respondents
Through: Mr. Sanjay Poddar, Adv. for UOI.
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may Yes
be allowed to see the Judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be Yes
reported in the Digest?
HIMA KOHLI, J.
1. The present appeal is listed in the Court pursuant to the
order dated 17.3.2010 passed in RFA No.479/2001 entitled
'Chhattar Singh (deceased) through LRs. vs. UOI & Anr.'.
2. The appellant is aggrieved by an order dated 07.07.2001
passed by the Reference Court on a petition under Section 18 of the
Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') in
respect of land situated in village Dallupura, assailing the Award
No.21/82-83 announced on 14.06.1982, pursuant to Notifications
issued under Sections 4, 6 and 17 of the Act, on 09.04.1979, fixing the
market value of the acquired land @ Rs.2,900/- per bigha. In the
appeal, the appellant has claimed fixation of market value of the land
@ Rs.3,50,000/- per bigha, along with other statutory benefits under
Section 23(1-A), 23(2) and 28 of the Act, and interest on solatium and
additional amount with costs.
3. It is stated by the counsel for the appellant that the present
case is covered by a recent judgment of the Supreme Court dated
30.3.2010 in Civil Appeal No.2856/2010 entitled 'Prem Chand &
Ors. vs. UOI', photocopy of which is handed over by the counsel for
the appellant and is taken on the record.
4. The aforesaid appeal dealt with the land situated in village
Dallupura acquired by the Notification dated 22.03.1978, issued under
Section 4 of the Act, which ripened into a Notification dated
27.09.1978 issued under Section 6 of the Act. In the judgment
impugned before the Supreme Court, the High Court had enhanced the
compensation fixed by the Land Acquisition Collector for the acquired
land to Rs.39,300/- per bigha, while refusing the benefit of Section
23(1-A) of the Act to the appellants/landowners therein.
5. Aggrieved by the rate of compensation fixed by the High
Court as also by the refusal to grant the benefit of Section 23(1-A) of
the Act, the appellants/landowners approached the Supreme Court.
The Supreme Court decided the appeal and ordered scaling down of
the compensation by deducting 10% of the rate of Rs.76,550/- per
bigha, which was fixed by a Notification dated 17.11.1980. Thus, the
rate of compensation was fixed at Rs.69,550/- per bigha as on
22.3.1978, the date on which the land was acquired by issuance of a
Notification under Section 4 of the Act, and further, the appellants
were held entitled to the benefit under Section 23(1-A) read with
Section 30(1)(b) of the Act.
6. In these circumstances, counsel for the appellant claims
parity with the above judgment and states that the present appeal,
which pertains to the land situated in the same village and is covered
under the Notification issued under Section 4 of the Act on 9.4.1979,
be decided on the same lines.
7. Accordingly, following the aforesaid judgment of the
Supreme Court in the case of Prem Chand (supra), the impugned
judgment and decree dated 07.07.2001 in the present case is modified
to the extent that the appellant shall be entitled to enhancement in
compensation for the acquired land @ Rs.69,550/- per bigha, w.e.f.,
9.4.1979, along with benefits payable under Section 23(1-A) read with
Section 30(1)(b) of the Act. The appellant shall be entitled to all other
benefits as already granted in the impugned judgment, mentioned in
para 31 thereof, and the other benefits granted in the case of Sunder
Vs. Union of India reported as 2001 (93) DLT 569, with
proportionate costs.
8. The appeal is disposed of.
(HIMA KOHLI)
JUDGE
MAY 13, 2010/sk
