Shri Sat Prakash vs Union Of India & Another
2011 Latest Caselaw 1599 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         L.A. Appeal No.579/2010

%                                                  21st March, 2011

SHRI SAT PRAKASH                                         ...... Appellant
                          Through:    Mr. I. S. Dahiya, Advocate

                          VERSUS

UNION OF INDIA & ANOTHER                               ...... Respondents

Through: Mr. Sanjay Poddar, Advocate for the respondent No.1/UOI.

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)

1. By means of this Regular First Appeal under the Land Acquisition

Act, 1894, the appellant challenges the impugned judgment and decree

dated 15.12.2006 of the Reference Court under Section 18 of the Land

Acquisition Act, 1894. By the impugned judgment, the Reference Court of

the Additional District Judge has granted compensation @ Rs.12,66,400/- per

acre besides other statutory benefits and the appellant seeks enhancement

of the compensation granted. In the present case, Section 4 notification is

dated 24.8.1999 with respect to village Tikri Kalan and for which Award was

passed on 3.4.2002.

2. Learned counsel for the appellant has drawn the attention of this

Court to the judgment dated 19.12.2008 passed in various connected cases

with lead case being Pratap Singh (dead) through LRs. etc.etc. Vs.

Union of India & Ors. and which pertained to the following Section 4

notifications in the same village of Tikri Kalan, Delhi:

Sr. No.          Award No.         Details  of Date         of Purpose
                                   acquired    Notification
                                   land Bigha-
                                   Biswa
2.               91/1983-84        60-08       28.11.1981      Widening      of

                 Tikri    Kalan,                              Rohtak Road

                 Delhi    Dated

                 14.2.1984

Possession taken over on 28.7.1981 of land 60 bigha 08 biswas.

                 2/1997-98     560-11            24.7.1995  Settlement of
                 Tikri  Kalan,                              PVC dealers of
                 Delhi Dated                                Jawalpuri,
                 23.7.1997                                  under      PDD.
                                                            M.V. fixed @
                                                            Rs.168000/- pb

Possession of 561 bigha 10 biswas land notified under Sec.6 of the LA Act has been taken/handed over

4. 17/1997-98 502-06 16.11.1995 Settlement of Tikri Kalan, PVC dealers of Delhi Dated Jawalapuri, 23.12.1997 under PDD.

M.V. fixed @ Rs.168000/-pb Possession taken over on 30.1.1996 of land 502 bigha 06 biswas.

5.            18/1997-98      140-02         16.11.1995     Construction of
              Tikri   Kalan,                                40 meter wide
              Delhi Dated                                   road for PVC


                  23.12.1997                                   Market     under
                                                              PDD. MV fixed
                                                              @ Rs.168000/-
                                                              pb

Possession taken over on 30.1.1996 of land 140 bigha 02 biswas.

6.            4/DCW/1998- 84-11                11.6.1996      For expansion
              99        Tikri                                 of LPG bottling
              Kalan, Delhi                                    plant Indian Oil
              Dated                                           Corporation
              16.10.1998                                      Ltd. under PDD.
                                                              M.V. fixed @
                                                              Rs.168000/- pb

Possession taken over on 21.4.1997 of land 84 bigha 11 biswas.

7.            3/DCW/1998- 156-15               11.6.1996      For setting up
              99        Tikri                                 sports    school
              Kalan, Delhi                                    near     Ghevra
              Dated                                           More,       M.V.
              16.10.1998                                      fixed         @
                                                              Rs.208333/- pb

Possession taken over on 21.4.1997 of land 84 bigha 11 biswas

8. 2/DCW/2004- 480-14 17.12.2002 For K.V. Grid 05 Tikri Sub Station Kalan, Delhi M.V. fixed @ Dated Rs.3,27083.33/-

16.10.1998 p.b.

Possession taken over on 21.4.1997 of land 84 bigha 11 biswas."

3. The said judgment dated 19.12.2008 also dealt with the issue of

yearly enhancement to be granted and while considering this aspect, the

said Court has held as under:-

"49. Appeals arising out of Award No.2/DCW/2004-05 dated 20.9.2004 In respect of these acquisitions, Notification under Section 4 of the Act was issued on 17.12.2002 and the Award was rendered on 20.9.2004. The learned ADJ has made the Award No.2/1997-98 dated 23.7.1997 as the basis, as per which the market value of the land for Block-A is fixed at Rs.1,68,000/- per bigha and for Block-B the market value is fixed at Rs.1,26,840/- per bigha. On this, enhancement @ 12% p.a. is granted.

Since we have revised the market value in respect of the

aforesaid Award at Rs.2,35,815/- for Block-a and Rs.1,90,156/- for Block-B, further enhancement has to be given on these rates for the period from 17.11.1995 to 17.12.2002. However, at the same time, we are of the view that in these cases enhancement @ 12% p.a. should not be given because of the reason that in some of these areas the market value of the land had even gone down. Therefore, taking holistic view of the matter and balancing the upward and downward trends, we are of the opinion that interest of justice would be subserved if enhancement is granted @ 10% p.a. On this basis, market value for Block-A land is fixed at Rs.4,02,850/- and for Block-B land it is fixed at Rs.3,24,850/-. LA. A. Nos.284, 229, 228, 226, 230, 282, 283, 133, 226, 84, 225, 227, 125, 132, 231, 236, 234, 235, 274, 275, 276 & 286/2007 are decided accordingly.

These appeals are, therefore, partly allowed in the aforesaid terms with proportionate costs. The appellants/land owners shall also be entitled to usual statutory benefits of solatium and interest etc., as awarded by the learned ADJ. On this basis, the decree shall be prepared."

4. Learned counsel for the appellant relying upon the aforesaid

judgment in the case of Pratap Singh (supra) contends that since 10%

yearly enhancement has been granted with respect to the same village for

the period from 1995 to 2002, on a parity of reasoning the appellant also

should be granted the same increase of 10% per year. I agree. In the

present appeal, the notification in question is dated 24.8.1999 i.e. before one

of the notifications under Section 4 dated 17.12.2002 which was considered

in the case of Pratap Singh (supra). If, therefore, a Division Bench of this

Court has thought it fit to grant yearly enhancement of 10% till the year

2002 therefore the same enhancement of 10% per annum ought to be

granted up to the year 1999 i.e. a year prior to 2002.

5. There is nothing on record as to whether the land of the

appellant falls in Block A or Block B, as per the categorization of the land in

village Tikri Kalan. Counsel for the parties agree that the statement of

reference made under Section 19 of the Land Acquisition Act, 1894 can be

accepted with respect to the categorization of the land. Ordered

accordingly.

6. Appeal is therefore accepted granting the appellant

enhancement of compensation by fixing the market value of the land at

Rs.3,01,274/- per bigha with respect to land falling in Block A and

Rs.2,42,900/- per bigha with respect to land falling in category B. The

appellant will also be entitled to other statutory benefits including interest @

9% from the date of the notification under Section 4 till date of dispossession

or the date of the passing of the Award, whichever is earlier. Appellant is

also entitled to additional amount of 12% as per Section 23(1A) of the Act.

Appellant will also be entitled to solatium @ 30% and interest on solatium in

terms of the decision of the Supreme Court in the case of Sunder vs. UOI

(2001) 7 SCC 211. The appellant will not be entitled to interest on the period

of delay from the date of the impugned judgment till the filing of the appeal

except for the statutory period of 90 days. The appellant will not be entitled

to cost of the appeal being the Court fees paid.

7. With the aforesaid observations, the appeal is disposed of.

Decree sheet be prepared.

MARCH 21, 2011                                          VALMIKI J. MEHTA, J.
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