Full Text
CM(M)72/2013
RAMDHARI
Through Ms.E.Ahuja,Adv.for Mr.Jagat Singh, Adv.
Petitioner
Through Respondents Mr.Sanjay Kuinar Pathak, Adv. for R-I & R-2.
05.12.2013 This matter is taken up today as 4"^ December,2013 was declaied 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 18& 19 ofthe impugnedjudgment:-
"18. Findings ofissue no. I is surmise as under: a) Petitioner is entitled to the enhance market value of his land @ Rs.11,92,000/- per acre for category'A land and @ Rs.11,62,200/- per acre for category 'B' land, thus getting an enhancement of Rs.72,000/- per acre for
2013:DHC:8275 s vy category'A'land and Rs.1,62,200/- per acre for category'B'. b)Besides above,petitioner shall be entitled to other statutoiy benefit i.e 12% Additional Amount as per section 23(1)A & 30% solatium u/s 23(2)
& will be entitle to interest on the maiket value
@ 9% per annum for the first year & 15% for subsequent year till the making of payment of enhanced compensation by LAC as per provision ofSection 28 ofthe Act.
Issue no.1 decided accordingly.
19. Findings on Issue No.2-RELIEF 19.[1] In view of the fmdmgs on Issue no.I, the petitioner is entitled to the following reliefs: a) enhanced market value of his land @ Rs.11,92,000/- per acre and @ Rs.11,62,200/per acre for categoiy 'B' land, thus getting an enhancement of Rs.72,000/- per acre for category 'A'land and Rs.1,62,200/- per acre for eategory'B'. b) additional amount u/s 23(lA)@ 12% p.a., on. the mai'ket value from the date ofnotification u/s 4 of the LA Act till the date of awai'd or dispossession, whichever is earlier; c) solatimn u/s 23(2) of LA Act @ 30% on the enhanced amountofcompensation; d) interest under Section 28 ofL.A Act at the rate of9% per annum for the first yeai"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 of Section 26(2) ofthe Land Acquisition Act, 1894,it becomes a decree and is an appealable order under Section 54 ofthe Act. The present petition is, therefore, not maintainable. The petitioner, however,is atliberty to challenge the saidjudgment,ifso deshes,under the said provision. The present petition is accordingly disposed of.