Full Text
CM(M)70/2013
RAMDHARl Petitioner Thi'ough Ms.E.Ahuja,Adv.for
Mi'.Jagat Singh, Adv.
Through Mi.Sanjay Kuinai"Pathak, Adv. forR-1 &R-2.
05.12.2013 This matter is taken up today as 4"' December,2013 was declai-ed a holiday.
The petitioner has assailed the
ORDER
Act, 1894 filed by the petitioner for enhancement of compensation was decided. The following reliefs were granted in favour of the petitioner, which are mentioned in paras 15 to 17 ofthe unpugnedjudgment:-
"15. The findings ofissues no. 1 ai^e as under: i; Market value ofthe land as per statement u/s 19 ofthe Act is fixed @ Rs.11,49,080/- per acre for category'A'.
2013:DHC:8274
16. The petitioner shall also be entitled to statutory benefits i.e. 12% Additional Amount as per section 23(1A), 30% solatium u/s 23(2), and interest@9% per annum for the first year"and 15%for subsequent years till the making ofpayment ofenhanced compensation by the LAC as per ofSection 28 ofthe Act. Issue no. 1 decided accordingly.
17. Issue No.2-Relief i) In view of the findings on Issue no.l, the petitioner is entitled to the following reliefs: a) Petitioner shall be entitled to maiket value @ of Rs.11,49,080/- per acre for his land as per statement u/s 19LA Act; b) additional amount u/s 23(lA)@ 12% p.a., on the market value fiom the date ofnotification u/s 4 of the LA Act till the date of awai'd or dispossession, whichever is earlier; c) solatium u/s 23(2) of LA Act @ 30% on the enhanced amount ofcompensation; d) interest under Section 28 of L.A Act at the rate of9% per annum for the first year from the date ^ of dispossession and at the rate of 15% per annum on the difference between the enhanced compensation awarded by this court and the compensation awarded by the LAC for the subsequent period till its payment." As per the provisions ofSection 26(2) ofthe Land Acquisition Act, 1894,it becomes a decree and is an appealable order rmder Section 54 ofthe Act. The present petition is, therefore, not maintainable. The petitioner. however,is at liberty to challenge the saidjudgment,ifso desires, under the said provision. The present petition is accordingly disposed of.
DECEMBER 05,2013/ka V