Union Of India vs Shri Prabhu
2011 Latest Caselaw 614 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI
+                      RFA No. 40 of 2003

%                                    Date of Decision: 2nd February, 2011


!   UNION OF INDIA                                          ....Appellant
                              Through:    Mr. Sanjay Poddar, Advocate


                                 versus

$     SHRI PRABHU                                        ...Respondent
^                                                        Through: None

      CORAM:
*     HON'BLE MR. JUSTICE P.K.BHASIN

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)

                              JUDGMENT

P.K.BHASIN, J(ORAL)

This appeal was filed by the Union of India against the judgment and

decree dated 5th August, 2002 passed by the learned Additional District

Judge while deciding a reference under Section 18 of the Land Acquisition

Act forwarded by the Land Acquisition Collector at the instance of the

respondent herein whose land in village Neelwal had been acquired. The

Land Acquisition Collector had awarded compensation to the respondent in

respect of his acquired land @ Rs. 3515/- per bigha vide Award no. 250/86-

87 dated 06-02-1987. The respondent land owner felt aggrieved and got a

reference made under Section 18 of the Land Acquisition Act. The learned

Reference Court vide impugned judgment dated 5 th August, 2002 enhanced

the market value to Rs. 14,650/- per bigha. While giving this enhancement

the learned Reference Court had relied upon one Award in respect of village

Hiran Kunda @ Zaffarpur whereunder the market value of the land had been

fixed at Rs. 10,750/- per bigha. That Award had been given in respect of

the notification issued on 31st October, 1980 while the notification of the

present case was issued on 07-05-1985 and taking into consideration the fact

that village Neelwal was better situated than village Hiran Kunda and since

the notification of the present case was issued in the year 1985 the market

value was fixed at Rs. 14,650/- per bigha by giving 9% increase per annum

over and above Rs. 13,437/- per bigha fixed in respect of the notification

issued in the year 1980 for village Neelwal.

2. Learned counsel for the appellant had stated that the Government had

challenged the fixation of market value of the land in village Hiran Kunda at

Rs. 10,750/- but this Court had rejected this appeal and thereafter no further

appeal appears to have been filed by the Government before the Hon'ble

Supreme Court. However, the land owner had sought further enhancement

in respect of his land in village Hiran Kunda by filing an appeal before the

Hon'ble Supreme Court and his appeal was accepted and the matter had

been remanded back to the Reference Court for fresh decision since the land

owner had sought opportunity to adduce further evidence in support of his

claim for further enhancement over and above the market value of Rs.

10,750/-. During the course of the hearing learned counsel for the appellant

has submitted that, in fact, this appeal had been filed at a time when the

Government's appeal in respect of the Awards pertaining to village Hiran

Kunda whereby value of the land had been fixed @ Rs. 10,750/- was

pending decision before this Court and the Government was very hopeful of

getting a reduction in the market value of that village.

3. From the afore-said submissions made by the learned counsel for the

appellant it becomes clear that as far as the Government's challenge to the

fixation of market value of land in village Hiran Kunda is concerned the

same has already been rejected. However, counsel for the appellant

submitted that since the matter has been remanded back for a fresh decision

despite the fact that the Government's appeal against the fixation of market

value @ Rs. 10,750/- has been rejected by this Court the Reference Court

may still reduce it after the matter is taken afresh.

4. However, I am of the view that since the matter in respect of village

Hiran Kunda has been remanded back by the Hon'ble Supreme Court to give

an opportunity to the land owners concerned to adduce further evidence in

support of their claim for further enhancement in the market value of the

acquired lands and the Government's challenge to the fixation of the market

value at Rs. 10,750/- has already been rejected by this Court and which

decision has attained finality this Court for the purposes of present appeal

can certainly accept the market value fixed in respect of village Neelwal at

the rate determined by the learned Reference court considering the fact that

no evidence was adduced by the Land Acquisition Collector before the

Reference Court from which it could be said that there could be no

comparison whatsoever between the villages Hiran Kunda and Neelwal. In

fact, the Land Acquisition Collector had in its Award had noticed that

village Neelwal was better placed than village Hiran Kunda.

5. I, therefore, do not find any merit in the Government's challenge to

the fixation of the market value of the respondent's land vide impugned

judgment and consequently this appeal is dismissed.

P.K. BHASIN,J

FEBRUARY 02, 2011 sh