Chhattar Singh(Decd.) Thr. Lr vs Uoi & Ors.
2011 Latest Caselaw 63 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI
+                                RFA 479 OF 2001

%                                         Date of Decision: 6th January, 2011


!    CHHATTAR SINGH (DECD.) THR. LR                ....Appellant
                      Through:     Mr. Inder Singh, Advocate.


                                    versus

$      UOI & ORS.                                          ...Respondents
^                               Through:     Mr. Sanjay Poddar, Adv. for R-1

       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 appellants, whose land in village

Dallupura was acquired by the Government vide award no. 21/1982-83

dated 14th June, 1982, against the judgment and decree dated 7 th July, 2001

passed by the Court of Additional District Judge enhancing the

compensation to ` 42,770/- per bigha from ` 2900/- per bigha fixed by the

Land Acquisition Collector. The appellants were aggrieved by the Reference

Court's judgment since they were claiming compensation at the rate of ` 2

lacs per bigha.

2. In the present appeal, the appellants had increased their claim to ` 3.5

lacs per bigha. However, learned counsel for the appellants today fairly

stated that the appellants are entitled to get compensation at the rate of `

69,550/- per bigha only since other villagers whose lands were also acquired

in the same village under the same notification and same award have been

granted compensation by this Court at that rate following the judgment of

Hon'ble Supreme Court dated 30th March, 2010 in Civil Appeal No. 2856 of

2010 entitled "Prem Chand & Ors Vs Union of India". In this regard, my

attention has been drawn to the judgment dated 13th May, 2010 passed by

this Court in RFA No. 465 of 2001, which appeal in fact was being heard

along with the present appeal but for some reason the present does not

appear to have been taken up for hearing on 13th May, 2010 when RFA No.

465/2001 entitled "Sohan Lal (deceased) Through LRs Vs Union of India

& Anr." came to be heard and disposed of. Counsel for the appellants

further submitted that the appellants are now giving up their claim for

enhancement in compensation beyond ` 69,550/- per bigha.

3. Mr. Sanjay Poddar, learned counsel for respondent no. 1-Union of

India has also very fairly submitted that in view of the decision of the

Hon'ble Supreme Court in Prem Chand's case (supra) as well as of this

Court in Sohan Lal's case (supra) the present appellants, on parity, have also

become entitled to receive compensation at the rate of ` 69,550/- per bigha.

4. In view of the aforesaid submissions having been made from both the

sides, this appeal is partly allowed and the impugned judgment and decree of

the Reference Court are modified to the extent that the appellants shall now

be entitled to get compensation for their land at the rate of ` 69,550/- per

bigha. Other statutory benefits which already stand granted to the appellants

by the Reference Court shall also be given to them. Additionally, the

appellants shall also be entitled to other benefits granted by the Hon'ble

Supreme Court in the case of "Sunder Vs. Union of India", 2001 (93) DLT

569 as had been awarded in RFA No. 465/2001 also by this Court. The

appellants shall also be entitled to proportionate costs of this appeal.

P.K. BHASIN,J

JANUARY 06, 2011/pg