Bhani Devi and Anr. v. UOI & Anr.

1. There is no appearance on behalf of the Appellants Learned counsel for the Respondents states that the matter is covered by the Judgment of this Court reported in 16(1979) DLT 331 titled "Del/u Sizimla Catholic Vs. Union of India" decided on 24th April, 1979, and that compensation in this appeal can reasonably be assessed in terms of the said judgment.

2. I find that the only difference is that in Delhi Shimla Catholic's case compensation was assessed in respect of land situated in revenue estate of Bahapur as on 2' January, 1957, whereas the notification under Section 4 of the Land Acquisition Act in the present case is dated 3' September, 1957. The relevant portion of the judgment in Delhi Shimla Catholic's is reproduced herein:- 2013:DHC:7819 '9 "In my opinion the just and fair compensation to award in this case should be 5000. 00 per bigha. The collector awarded him 7 000.00 per bigha. I, therefore hold that appellant is entitled to an enhancement of 400O. 00 per bigha together with 15 percent solarium and 6 percent annum interest on the enhanced compensation (including solarium) from the date of dispossession till the date ofpayment and proportionate costs."

3. In view of the aforesaid, the present Appeal is accordingly disposed of in terms of the aforesaid judgment. REVA KHETRAPAL, J. FEBRUARY 14, 2013 k