Full Text
L.A. Appeal Nos.213/2013 & 215/2013 24th February, 2014
JUDGMENT
1. L.A. Appeal No.213/2013 and C.M. No.15304/2013 (condonation of delay)
VERSUS
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? 2014:DHC:1028 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 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. Ne