Full Text
CM(M) 67/2013
SATYANARAIN
Through
UNION OF INDIA & ORS
Through Respondents Mr.Sanjay Kumar Pathak, Adv. for R-1 & 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 in paras 18 & 19 ofthe impugned judgment:-
"18. Findings of issue no. 1 is sunnise 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:8282 category 'A' land and Rs.1,62,200/- per acre for categoiy 'B'. b) Besides above, petitioner shall be entitled to other statutoiy benefit i.e 12% Additional Ainoimt as per section 23 (1) A & 30% solatium u/s 23 (2)
& will be entitle to interest on the market value
@ 9% per annum for the first yeai" & 15% for subsequent year till the making of payment of enhanced compensation by LAC as per provision of Section 28 of the Act.
Issue no. 1 decided accordingly.
19. Findings on Issue No.2 - RELIEF 19.[1] In view of the fmdings on Issue no.l, the petitioner is entitledto 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 categoiy 'A land and Rs. 1,62,200/- per acre for categoiy 'B'. b) additional amount u/s 23 (lA) @ 12% p.a., on the mai'ket value from the date of notification u/s r 4 of the LA Act till the date of award 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 fp compensation awai'ded by this court and the compensation awaided 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 of the 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