Union Of India vs Raghunath Prasad Thru Lrs & Anr.
2014 Latest Caselaw 6257 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                       Date of Decision: November 27, 2014
+     LA.APP. 132/2009

      UNION OF INDIA                             ..... Appellant
                    Through:         Mr. Sanjay Kumar Pathak, and
                                     Mr.Sunil Kumar Jha, Advocates.

                        versus

      RAGHUNATH PRASAD THR LRS & ANR. ..... Respondents
                   Through: Mr. I.S. Dahiya, Advocate for
                            respondent No.1
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                        JUDGMENT

%                         (ORAL)

      Impugned Judgment of 25th January, 2008                assesses the

compensation @ `11,500/- per bigha in respect of land in question in village Oldernpur Illaqa, Shahdara, Delhi acquired vide Notification of 13th November, 1959 under Section 4 of the Land Acquisition Act.

Learned Reference Court which has rendered the impugned judgment, has relied upon a Division Bench's decision of this court in Brij Mohan Tayla v. Union of India 77 (1999) DLT 239 (DB).

At the hearing, learned counsel for the appellant has placed reliance upon another unreported judgment of this Court in RFA No. 685/1970 titled as DLF United Limited v. Union of India rendered on 18th February, 1981 wherein in respect of the same Notification and the same village, compensation @ `4,500 per bigha has been granted.

LA. APP. 132/20009 Page 1 It is pointed out by learned counsel for the appellant that in Brij Mohan Tayla (supra) reliance has been placed upon precedent of another village in assessing the compensation and so the compensation in the instant case ought to have been assessed on the basis of decision in DLF United Limited (supra).

Learned counsel for the appellant submits that the compensation in Brij Mohan Tayla (supra) does not take notice of an earlier Division Bench's decision in DLF United Limited (supra) and so in view of the decision in DLF United Limited (supra), the current market value of the acquired land in question was `4,500/- per bigha at the relevant time and so the impugned judgment deserves to be set aside.

Learned counsel for the respondent submits that the decision of Division Bench in Brij Mohan Tayla (supra) has attained finality and the same has been rightly relied upon by the Reference Court before whom the decision in DLF United Limited (supra) was not cited and so there is no infirmity in the impugned judgment.

Upon hearing both the sides and on perusal of impugned judgment, the material on record and the decisions cited, I find that the decision of Division Bench in Brij Mohan Tayala (supra) being later in point of time has attained finality and has been rightly followed by the Reference Court.

Finding no infirmity in the impugned judgment, this appeal is dismissed.

                                                         (SUNIL GAUR)
                                                           JUDGE
         NOVEMBER 27, 2014
         j
LA. APP. 132/20009                                                    Page 2