Full Text
CM(M) 59/2013
SATYA NARAIN Petitioner Thi-ough Ms.E.Ahuja, Adv. for
Mi'Jagat Singh, Adv.
Through Mr.Sanjay Kuinai' Pathak, Adv. forR-l&R-2.
05.12.2013 This matter is taken up today as 4^'' December, 2013 was declared 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 inparas 15 to 17 ofthe impugned judgment:-
"15. The findings ofissues no. 1 are as under: i. Market value of the land as per statement u/s 19 of the Act is fixed @ Rs. 11,49,080/- per acre for categoiy A'.
2013:DHC:8281 f
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 yearstill the making of payment of enhanced compensation by the LAC as per of Section 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 market value @ of Rs. 11,49,080/- per acre for his land as per statement u/s 19 LA Act; b) additional amount u/s 23 (lA) @ 12% p.a., on the market value from the date of notification u/s 4 of the LA Act till the date of awai"d or dispossession, whichever is eai'lier; c) solatium u/s 23(2) of LA Act @ 30% on the enhanced amount of compensation; d) interest under Section 28 of L.A Act at the rate of 9% 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) of the 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 at liberty to challenge the said judgment, if so desires, under the said provision. The present petition is accordingly disposed of. ] SINGH, J. DECEMBER 05, 2013