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LA.APP. 63/2013
SURESH KUMAR & ORS.
Appellants
Through: Mr. L.B. Rai, Advocate
Respondents
Through: Ms. LekhaMriga,Advocate for UOI.
Mr. Sanjeev Sahay, Advocate V for LAC.
Mr. D.K. Singh, Advocate for Mr. Arun Birbal, Advocate for
DDA.
ORDER (ORAL)
: REVA KHETRAPAL, J.
CM No.4657/2013 Exemption granted subject to all just exceptions.
Application stands disposed of
JUDGMENT
1. The learned counsel for the Appellants states that the present case is squarely covered by the judgment 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 saidjudgment. 2013:DHC:7921 (.
2. It is pertinent to note that in Jamna's case (supra) compensation was assessed in respect of land situated in Village Bakkarwala as on 17^ 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:-
fair market value isfixedat ^ 4,98,589/-per bigha i.e. ^23,93,227.20per acre, as on 17.06.2005. (v)For the land situated in Village Bakkarwala the fair market value isfixed at ^4,25,641/-per bigha i.e. f20,43,076.80per acre, as on 24.09.2003. (vi) (vii) (viii) "
3. In "Mange Ram and Ors. vs. Union ofIndia & Ors." in LA. APP. No.128/2012, wherein the compensation in respect of this very village that is village Bakkarwala and in relation to the same notification that is 3.12.2004 as in present case v/as decided on 26.09.2012 and the compensation awarded in this case was enhanced to ? 22,71,270/- per acre.
4. Accordingly, this appeal is allowed to the extent that the compensation in respect of the acquired land in question is enhanced to ? 22,71,270/- per acre.
5. In view of the above, LA.APP. No.63/2013 stands disposed of in aforesaid terms.
MARCH 18, 2013 km REVA KHETRAPAL, J.