Kailash Chand Bansal vs Uoi & Anr
2013 Latest Caselaw 1994 Del

       *       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Date of Decision: 01.05.2013

+      RFA 130/2002

       KAILASH CHAND BANSAL                                   ..... Appellant

                         Through: Mr B.K. Sood and Mr Archit, Advs.

                         versus

       UOI & ANR                                              ..... Respondents

                         Through: Mr Sanjay Kumar Pathak for Respondent-
                         UOI/LAC, Ms Shobhana Takiar, Adv for DDA.

CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                         JUDGMENT

V.K.JAIN, J. (ORAL)

The land of the appellant comprised in Khasra No. 42/2/2 (2-18), village

Singhola was notified under Section 4 of Land Acquisition Act vide notification

dated 14.01.1994. This was followed by a declaration dated 16.12.1994, issued

under Section 6 of Land Acquisition Act. Vide award No. 9/96-97, the market

value of the acquired land was fixed at Rs 96,875/- per bigha. Since the appellant

was not satisfied with the compensation awarded to him by the Collector, he sought

a reference to the District Judge under Section 18 of the Land Acquisition Act. On

such reference being made, the learned Additional District Judge vide order dated

22.09.2001 enhanced the compensation by Rs 43,355/- per bigha and also held that

the appellant would be entitled to take additional amount under Section 23 (1-A) of

Land Acquisition Act at the rate of 12% per annum on the market value from the

date of notification under Section 4 of the Act till the date of award or

dispossession whichever was earlier and will further be entitled to solatium at the

rate of 30% per annum at the market value along with interest under Section 28 of

the Act at the rate of 9% per annum for the first year from the date of dispossession

and at the rate of 15% per annum for the subsequent period till the date of payment

of the difference between the enhanced compensation awarded by him as well as

on the compensation awarded by Land Acquisition Collector. Being aggrieved

from the judgment of the learned Additional Judge, the appellant is before us by

way of this appeal, seeking enhancement of the compensation.

2. In Hukum Singh And Ors. vs Union Of India 2004 (111) DLT 95, the land

of the appellant in that case, situated in village Singhola was notified under Section

4 of Land Acquisition Act on 14.01.1994 followed by declaration dated

16.12.1994, issued under Section 6 of the said Act. The compensation was fixed

vide award No. 9/96-97. The appellants in that case, filed a reference petition

under Section 18 of the Act and sought compensation at the rate of 50 lakhs per

acre. A Division Bench of this Court, after examining the evidence and

considering the matter, came to the conclusion that the learned Additional District

Judge had rightly fixed the market value of the land at the rate of Rs.1,40,230/- on

the basis of the judgment EX.A-1, along with statutory benefits. The appeal was,

therefore, dismissed.

3. Considering that the land of the appellant before this Court was notified vide

the very same notification, which was the subject matter of appeal in the case of

Hukum Singh (supra) and the compensation in that case also was fixed in terms of

the award No. 9/96-97, there is no reasonable ground for taking a view different

from the view taken by a Division Bench of this Court in the case of Hukum Singh

(supra), when there is no material before this Court to indicate that on account of

its location or for some other valid reason such as land use etc. the land of the

appellants before this Court carried a market value higher than the market value of

the land of the Hukum Singh etc., the appellant in RFA No. 552/2002. Therefore, I

find no merit in the appeal as the learned Additional District Judge has already

fixed compensation at the very same rate of Rs.1,40,230/- per bigha by granting

enhancement to the extent of Rs 43,355/- per bigha. He has also awarded further

compensation in terms of Section 23(1-A) of the Land Acquisition Act besides

solatium at the prescribed rate.

4. It is made clear that the appellant would be entitled to interest at the rate of

9% per annum for the first year from the date of award or dispossession whichever

was earlier and, thereafter at the rate of 15% per annum, not only on the unpaid

part of the whole of the compensation, i.e., Rs.1,40,230/- per bigha, but also on the

additional amount awarded under Section 23(1-A) of the Land Acquisition Act and

the amount of solatium.

The appeal stands disposed of accordingly.

Decree sheet be drawn accordingly.

V.K. JAIN, J

MAY 01, 2013 BG