Om Prakash vs Uoi And Anotherr
2011 Latest Caselaw 3573 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI
+                      RFA NO. 173 OF 2002

%                                      Date of Decision: 27th July, 2011


#       OM PRAKASH                                       ...Appellants
!                           Through : Mr. Deepak Khosla and Mr. Inder
                                      Singh, Advocates

                            Versus

$     UOI AND ANOTHER                                ...Respondents
^                          Through: Mr. Sanjay Poddar and Mr. Ramesh
                                    Ray ,Advocates.

      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:

The appellant has challenged the judgment and decree dated

6.12.2002 passed by the learned Additional District Judge in LAC No.

317/2001 whereby the market value of the land of the appellants in

village Dallupura acquired by the Government pursuant to the

notification dated 17th November, 1980 and award No. 79/1982-83 was

enhanced from ` 12,500 per bigha, as awarded by the Land Acquisition

Collector, to ` 3,45,000 per bigha only as against their claim of

compensation @ ` 1000 per sq. yd. and he was also denied interest from

24.04.1997 - 27.09.2001.

2. It is not in dispute that the impugned judgment was passed by the

Reference Court relying upon the decision of this Court in "Rattan Lal vs.

Union of India", RFA No. 338/94 decided on 24/08/01. Counsel for the

appellant had submitted that filing of the appeal by the appellant was

necessitated because the judgment of this Court in Rattan Lal's case had

been challenged by the Government as well as land owners of village

Dallupura before the Hon'ble Supreme Court. The land owners were

asking for further enhancement while the Government was asking for

reduction in the market value of the acquired lands but the Hon'ble

Supreme Court has set aside Rattan Lal's judgment of this Court whereby

the market value of the lands in village Dallupura had been fixed at

`3,45,000 per bigha and has reduced the market value to ` 76,550/-per

bigha vide its judgment dated 3rd August, 2004 reported as "Delhi

Development Authority vs. Bali Ram Sharma & Ors.", (2004) 6 Supreme

Court cases 533. Counsel for the appellant and Union of India had also

submitted that in view of the said judgment of the Hon'ble Supreme

Court the market value of the appellant's land has already been fixed at `

76,550 per bigha in the cross-appeal of the respondent - UOI(being RFA

No.925/2003).

4. Learned counsel for the appellant, however, had submitted that

the learned trial Court was not justified in declining the relief of interest

on the enhanced compensation for the period during which the reference

proceedings had remained stayed sine die and that relief at least should

be given by this Court. However, this prayer of the appellant cannot be

accepted since he himself had got his reference proceedings before the

trial Court stayed sine die and the Government cannot be burdened with

the liability of interest for the delay in disposal of the reference

proceedings caused by the appellant himself.

5. In view of the afore-said, this appeal is dismissed.

P.K. BHASIN,J July 27, 2011/sh