Smt. Krishna Devi & Ors. Thru Lrs. vs Union Of India
2011 Latest Caselaw 739 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI


+                      RFA No. 303 of 1988

%                                  Date of Decision: 8th February, 2011


!   SMT. KRISHNA DEVI & ORS. THR. LRs.          ....Appellants
                         Through: Mr. Inder Singh, Advocate

                                versus

$     UNION OF INDIA                                  ...Respondent
^                               Through: Mr. Sanjay Poddar, Advocate


      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)

By way of this appeal the appellants were challenging the

judgment of the learned Additional District Judge rendered on 13th

August, 1987 in LAC No. 480 of 1967 whereby the appellants were

denied enhancement in compensation to their satisfaction in respect of

their land in Mohammad Pur, Munirka which stood acquired by the

Government pursuant to notification under Section 4 of the Land

Acquisition Act issued on 13th November, 1959 and notification under

Section 6 dated 16th December, 1965 and Award No. 1939 rendered by

Land Acquisition Collector and also the denial of interest for the period

from 16-04-70 to 04-03-82.

2. The land in village Mohammad Pur, Munirka was assessed at

different rates by the Land Acquisition Collector. When a reference

under Section 18 of the Land Acquisition Act was got made by the land

owners for seeking enhancement in compensation the Reference Court

vide impugned judgment fixed the market value at the flat rate of Rs.

10,000/- per bigha. While giving that enhancement the learned

Reference Court had relied upon a decision of a Division Bench of this

Court in RFA 280/80 decided on 8th April, 1987 where the market value

of the land in village Mohammad Pur, Munirka fixed @ Rs. 10,000/- per

bigha in respect of the earlier notification of the year 1957 was adopted

even for the notification in respect of the lands in question issued in the

year 1959.

3. Learned counsel for the appellants had submitted that the decision

of this Court relied upon by the Reference Court was given on a

statement having been made by the counsel for the land owner in that

case to the effect that he was satisfied with the market value of Rs.

10,000/- per bigha as had been fixed in respect of earlier notification of

1957 and, therefore, that decision cannot be said to have determined the

market value of the land in question which was sought to be acquired in

the year 1959. Learned counsel further submitted that in view of the

decision of a Division Bench of this Court in "Bedi Ram vs. Union of India &

Anr.", 93 (2001) DLT 150 the appellants are entitled to increase in the

market value @ 6% per annum from the date of issuance of the earlier

notification, i.e. 8th March, 1957 till the issuance of the notification under

Section 4 in the present case which was dated 13th November, 1959 and if

that increase is given the market value of the land in question would work

out to Rs. 11,686/- as on 13th November, 1959. As far as the

applicability of the decision of this Court in Bedi Ram's case(supra) is

concerned learned counsel for Union of India very fairly submitted that

now that judgment holds the field and is being followed by this Court

while considering the question of fixation of market value of lands

acquired in earlier years while determining the market value in the

subsequent years in respect of the same village and, therefore, he did not

contest the submission of the learned counsel for the appellants that they

are entitled to 6% increase in the market value in view of the decision of

this Court in Bedi Ram's case.

4. In these circumstances, this Court is also of the view that the

appellants should be given increase @ 6% per annum over and above the

market value fixed at Rs. 10,000/- per bigha in respect of the earlier

notification dated 8th March, 1957 and consequently the market value of

the appellants' land would stand fixed at Rs. 11, 686/- per bigha upon

which amount now they shall also be entitled to the statutory benefits but

excluding the benefit under Section 23(1A) of the Land Acquisition Act

which position even learned counsel for the appellants also has accepted.

The appellants shall also be entitled to the benefit of the judgment of the

Hon'ble Supreme Court in "Sunder vs. Union of India" reported as 93(2001)

DLT 569 which position learned counsel for the respondent - Union of

India has also accepted.

5. Now the question which remains to be decided is about the denial

of interest to the appellants on the enhanced compensation by the

Reference Court. The reference proceedings were stayed sine die on the

request of the appellants because of their pendency of writ petition in this

Court in which they had challenged the very initiation of acquisition

proceedings. There was no opposition to the stay of the reference

proceedings on behalf of Union of India at that time, as is evident from a

perusal of the Reference Court's records. That writ petition came to be

dismissed on 16th April, 1970. However, thereafter the appellants did

not get their reference revived for many years and finally they woke up in

the year 1979 when an application for revival of the reference came to be

moved by them on 12th November, 1979. That application also came to

be dismissed in default and the same was restored on 4 th March, 1982.

The learned Reference Court rejected payment of interest for the period

from 16th April, 1970, when the writ petition of the appellants had been

rejected, to 4th March, 1982. During the course of hearing of the present

appeal, learned counsel for the appellants submitted that he was not

pressing his claim of interest for the period from 16th April, 1970 to 12th

November, 1979 when application for revival of the reference

proceedings was moved and was now confining his claim of interest for

the period from 13th November, 1979 to 4th March, 1982. Responding to

this statement of learned counsel for the appellants, Mr. Sanjay Poddar

submitted that since the appellants are giving up their claim of interest on

the enhanced compensation for the period from 16th April, 1970 to 12th

November, 1979 he has no objection if they are granted interest for the

subsequent period to which they would be entitled in view of the Full

Bench judgment of this Court in "Chander vs. Union of India and Another" ,

reported as 2005VII AD (DELHI) 125 and that would also put an end to this

long pending litigation.

6. In view of the afore-said, this appeal is allowed partly by

enhancing the market value of the land in question to Rs. 11,686/- per

bigha and also granting the appellants interest for the period from 13 th

November, 1979 to 4th March, 1982 on the enhanced compensation upon

which, as observed already, they shall also be entitled to the other

statutory benefits except the one which has been specifically excluded,

i.e. the benefit under Section 23(1A) of the Land Acquisition Act. It is

further clarified that during the pendency of the present appeal vide order

dated 19th November, 2009 statements had been made on behalf of some

of LRs of the deceased appellants no. 11, 13 and 1(d) that they shall not

be claiming interest on the enhanced compensation for the period of

delay which had occurred for their being brought on record and accepting

their undertaking to that effect their applications under Order XXII Rules

3 and 9 of the Code of Civil Procedure were allowed. Therefore, the

LRs of the afore-said three appellants shall not be entitled to interest on

the enhanced compensation awarded by this Court vide present judgment

for the period from 13th November, 1979 to 4th March, 1982.

7. In the facts and circumstances of the case, parties are left to bear

their respective costs.

P.K. BHASIN,J

FEBRUARY 08, 2011 sh