Delhi High Court
Kartar Singh (Deceased)Through ... vs Uoi & Anr. on 10 February, 2011
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ L.A.APP.No.396/2009
% 10th February, 2011
KARTAR SINGH (DECEASED)
THROUGH LRs AND ORS. ...... Appellants
Through: Mr.Rajiv K. Garg and Mr. Ashish
Garg, Advocates
VERSUS
UOI & ANR. ...... Respondents
Through: Mr. Sanjay Poddar with Mr.
Ashish Tanwar, Advocates for respondent
no.1
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
1. Whether the Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the Digest?
VALMIKI J. MEHTA, J (ORAL)
CM 7704/2009 (for bringing on LRs of deceased appellant no.2) and
CM 7705/2009 (for brining on record LRs of deceased appellant no.1)
1. Learned counsel for the respondent states that he has no objection to
these applications being allowed subject to the condition that the appellants
(and now the legal heirs of the appellants) will not claim any interest for the
L.A.APP.396/2009 Page 1 of 3
period of delay in filing the appeal. Learned counsel for the appellants and the
applicants agrees to such course of action. Accordingly these applications are
allowed subject to the appellants and the applicants being not entitled to
interest for the period of delay in filing the appeal.
L.A.APP.No.396/2009
2. By virtue of notification under Section 4 of the Land Acquisition Act, 1894
dated 6.6.1991, vast tracts of lands in village Kakrola were notified for
acquisition and with respect to which land a declaration under section 6 was
issued thereafter on 6.12.1991. An award was passed by the Land Acquisition
Collector being award no.1/1993-94 dated 2.4.1993 and by which award land
was categorized in three categories A, B and C and compensation of Rs.96875/-
per bigha was granted for category A land, Rs.38,000/- per bigha granted for
category B land and Rs.32,000/- per bigha granted for category C land.
3. On reference being sought by the land owners/appellants, the learned
ADJ by the impugned judgment and decree dated 30.3.2007 granted uniform
compensation, removing the categories as provided by the award, of
Rs.1,09,500/- per bigha.
4. This court in the case of Om Prakash Vs. UOI 2009 DLT 290 has dealt
with the same notification under section 4 of the said Act of the same village
Kakrola and has held that compensation per bigha should be Rs.1,20,500/-.
Accordingly, in view of the aforesaid decision in the case of Om Prakash,
appellant will also be entitled to compensation of Rs.1,20,500/- per bigha with
respect to their lands. Appellants will also be entitled to other statutory benefits
L.A.APP.396/2009 Page 2 of 3
in terms of Land Acquisition Act, 1894 as amended up-to-date. The appellant
will not be entitled to interest from date of the impugned judgment i.e.
30.3.2007 till the date of filing of the appeal on 6.4.2009. It is clarified that
appellants will however get interest for the period of limitation 90 days which is
the statutory period of limitation under which an appeal could have been filed.
5. Appeal is disposed of as allowed, subject to the observations made above
and also granting proportionate costs to the appellants.
February 10, 2011 VALMIKI J. MEHTA, J.
vld
