Delhi High Court
Union Of India vs Smt. Sushila & Anr. on 24 February, 2014
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ L.A. Appeal Nos.213/2013 & 215/2013
% 24th February, 2014
1. L.A. Appeal No.213/2013 and C.M. No.15304/2013 (condonation
of delay)
UNION OF INDIA ..... Appellant
Through: Ms. Jyoti Tyagi, Advocate.
Versus
SMT. SUSHILA & ANR. ..... Respondents
Through: Mr. R.S. Dalal, Advocate for
respondent No.1.
Mr. Kunal Sharma, Advocate for
respondent No.2.
2. L.A. Appeal No.215/2013
UNION OF INDIA ..... Appellant
Through: Ms. Jyoti Tyagi, Advocate.
Versus
SATPAL & ANR. ..... Respondents
Through: Mr. Pradeep Kumar, Advocate for
respondent No.1.
Mr. Kunal Sharma, Advocate for
respondent No.2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
L.A. Appeal Nos. 213/2013 & 215/2013 Page 1 of 3
VALMIKI J. MEHTA, J (ORAL)
1. Counsel for the parties could not dispute that issue of
enhancement of compensation in this case is covered by the judgment of a
learned Single Judge of this Court dated 23.8.2011 passed in a bunch of
cases with lead case being Jai Singh Vs. Union of India and Anr. L.A.
Appeal No.266/2008. Paras 95 and 96 of the judgment read as under:-
"Village Sanoth Notification dated 27.1.2003
95. Pertaining to the appeals and cross objections by the land
owners and Union of India as per 'GRID-P' pertaining to the
notification dated 27.1.2003 relating to village Sanoth, I note
that the learned Land Acquisition Collector has placed the
lands in 3 categories and I find that the learned Reference
Court has without any discussion held the lands as of
uniform category while awarding compensation.
96. On the mean average basis which I have been following
by increasing the price as of 1.4.2001 with reference to the
notification issued by the Government as also by increasing
the same with reference to the sale deed dated 20.5.2002 and
taking the mean average, for Category 'A' lands the price
comes to Rs.19,43,500/- per acre and for Category 'B' land
the price comes to Rs.18,94,912.50 per acre and for
Category 'C' lands the price comes to `18,47,539.68 per
acre. I find that the learned Reference Court has uniformly
determined fair market value at Rs.19,13,765/- and thus such
appeals or cross objections which have been filed by land
owners the same have to be dismissed in so far they pertain
to Category 'B' and Category 'C' lands and similar would
be the fate of appeals and cross objections filed by Union of
India pertaining to Category 'A' lands. The said appeals and
cross objections as per 'GRID-P' are dismissed. Appeals and
L.A. Appeal Nos. 213/2013 & 215/2013 Page 2 of 3
cross objections filed by land owners pertaining to Category
'A' lands are allowed by decreeing compensation payable in
sum of Rs.19,43,500/- per acre and needless to state on the
enhanced compensation statutory benefits as per the Land
Acquisition Act 1894 as interpreted in the judgment reported
as Sunder Vs. UOI 2001 (93) DLT 569 shall be paid save
and except in such appeals and cross objections where there
is a delay, interest would not be paid for the period of delay.
Proportionate costs as well. The appeals and cross objections
filed by Union of India pertaining to Category 'B' and
Category 'C' lands are allowed by modifying the relatable
decree in the Reference Order by reducing the compensation
for Category 'B' land to Rs.18,94,912.50 per acre and for
Category 'C' land to Rs.18,47,539.68 per acre."
2. In view of the above, the present appeals are disposed of in
terms of the observations made in paras 95 and 96 stated above and the same
benefits will be given as stated in paras 95 and 96 of the judgment dated
23.8.2011 to the private respondent no.1 in these appeals. Parties are left to
bear their own costs.
FEBRUARY 24, 2014 VALMIKI J. MEHTA, J.
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