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LA. APP. 132/20009 Page 1 HIGH COURT OF DELHI
Date of Decision: November 27, 2014
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.
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
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.
2014:DHC:6482 LA. APP. 132/20009 Page 2 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 2014:DHC:6482
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.
2014:DHC:6482 LA. APP. 132/20009 Page 2 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 2014:DHC:6482