Daryao Singh & Ors. v. Union of India & Anr.

Delhi High Court · 19 Mar 2013 · 2013:DHC:7912
Reva Khetrapal
LA.APP. 54/2013
2013:DHC:7912
property appeal_allowed Significant

AI Summary

The Delhi High Court enhanced the compensation for land acquired in Village Bakkarwala to ₹22,71,271 per acre, relying on prior judgments to ensure fair market value assessment.

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HIGH COURT OF DELHI
LA.APP. 54/2013
DARYAO SINGH & ORS.
Appellants
Through: Mr. L.B. Rai, Advocate
VERSUS
UNION OF INDIA & ANR.
Respondents
Through: Mr. AdhirathSingh, Advocate.
CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
ORDER (ORAL)
: REVA KHETRAPAL, J.
CM No.4204/2013 Exemption granted subject to alljust exceptions.
Application stands disposedof.
LA.APP. 54/2013
JUDGMENT

1. The learned counsel for the Appellants states that the present case is squarely covered bythejudgment of this Court rendered in LA.APP. 63/2013 "Jamna vs. Union of India & Ors." in LPA No.784/2005 decided on 8^'' July, 2011 and that compensation in this appeal can be reasonably be assessed in terms ofthe said judgment.

2. It is pertinent to note that in Jamna's case (supra) compensation was assessed in respect of land situated in Village LA. APR 54/2013 Paee 1 of[3] 2013:DHC:7912 Bakkarwala as on June, 2005 and as on 24^*" September, 2003, whereas the notification in the present case is dated 3'"'' December, 2004. The relevant portion of the judgment in Jamna's case (supra) is reproduced herein:-

"32. I am left with the notification dated 24.09.2003 pertaining to Village Bakkarwala and with reference to the fair market value assessed in Chiranii Lai's case, I would require to appreciate the price by 10% per annum for a period of 201 days, the figure comes to ^4,25,641/-per bigha i.e. ^20,43,076.80per acre, which I determine to he thefair market value of land in Village Bakkarwala as of24.09.2003. 33. Accordingly, the appeals filed by the Union of India require to be dismissed and I hereby dismiss the same. The appeals filed by the land owners and the cross-objections filed by the land owners stands decreed as under:-

. (i) (ii) (Hi) (iv)For the land situated in Village Bakkarwala the fair market value isfixedat f 4,98,589/-per bigha i.e. T23,93,227.20per acre, as on 17.06.2005. (v)For the land situated in Village Bakkarwala the fair market value isfixedat f[4],25,6417- per bigha i.e. ^20,43,076.80per acre, as on 24.09.2003. (vi) (vH) (via) "

3. In "Mange Ram and Ors. vs. Union ofIndia & Ors." in LA. APP. No.128/2012, the compensation in respect of this very Village, that is. Village Bakkarwala in relation to the same LA. APP. 54/2013 Paee 2 of[3] / \ ^ notification i.e. notification dated 3.12.2004 as in present case was decided on 26.09.2012 and the compensation awarded in this case was enhanced to ? 22,71,271/- per acre.

4. Accordingly, this appeal is allowed to the extent that the compensation in respect of acquired land in question is enhanced to ^ 22,71,271/- per acre.

5. In view of the above, LA.APP. No.54/2013 stands disposed of in aforesaid terms. REVA KHETRAPAL, J. MARCH 19, 2013