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$-18 HIGH COURT OF DELHI
LA.APP. 151/2012
SATISH KUMAR Appellant
Through: Mr. L.B. Rai & Mr. Anupam Sidhartha, Advocates
$-18 HIGH COURT OF DELHI
LA.APP. 151/2012
SATISH KUMAR Appellant
Through: Mr. L.B. Rai & Mr. Anupam Sidhartha, Advocates
VERSUS
UNION OF INDIA & ANR. Respondents
Through: Mr. Sanjeev Sahay, Advocate for R- l/L&DO
Mr. Vaibhav Mirg, Advocate for Mr. Arun Birbal, Advocate for R-
2/DDA
Through: Mr. Sanjeev Sahay, Advocate for R- l/L&DO
Mr. Vaibhav Mirg, Advocate for Mr. Arun Birbal, Advocate for R-
2/DDA
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
04.05.2012 CM No. 8116/2012 (u/S 151 CPC)
Allowed, subject to all just exceptions.
CM No.8117/2012 (u/S 5 of the Limitation Act, 1963)
Delay of 31 days' in re-filing the accompanying appeal had occuiTed due to illness of the counsel for the applicant/ appellant. The application is supported by affidavit of learned counsel for the appellant. Since sufficient cause is shown, hence the delay is condoned.
Application is disposed of
04.05.2012 CM No. 8116/2012 (u/S 151 CPC)
Allowed, subject to all just exceptions.
CM No.8117/2012 (u/S 5 of the Limitation Act, 1963)
Delay of 31 days' in re-filing the accompanying appeal had occuiTed due to illness of the counsel for the applicant/ appellant. The application is supported by affidavit of learned counsel for the appellant. Since sufficient cause is shown, hence the delay is condoned.
Application is disposed of
LA.APP. 151/2012
In view of decision of Coordinate Bench of this Court in
'Jamna Vs. Union of India & Ors.' in LA.APP. No.784/2005, LA.APP No.151/2012 Page 1
2012:DHC:9668 rendered on 8th July, 2011, compensation in this appeal can be reasonably assessed @ ?21,53,905/- per acre as on 13^*" December, 2004 i.e. the date when Notification under Section 4 of the Land
Acquisition Act, 1894 was issued for acquiring the land of the appellant in Village - Bakkarwala. Such a view is being taken as this
Court in LA.Appeal No.128 of 2012 , 'Mange Ram & Ors. & Union of India & Ors.' rendered on 24'^ April, 2012, has so assessed the compensation in respect of this very Village and in relation to this very Notification.
InJamna (Supra), inrespect ofNotification of 17''" June, 2005, land of this very village was acquired vide Notification of 24^''
September, 2003 and the compensation awarded was @
^23,93,227.20/- per acre. Inthe decision Jamna (supra), appreciation/ depreciation of price of land by 10% per annum has been recognized as a reasonable method for computation of assessment of compensation in such like matters.
Mr. L.B. Rai, Advocate, learned counsel forthe appellant states that this appeal can be disposed of in terms of order of this Court in
Mange Ram (Supra), but there is a typographical error in the said order in enhancing the compensation to ^21,53,905/- per acre and when computed on calculator in tenns of the aforesaid order in
Mange Ram (Supra), the enhancement of compensation comes to
^"22,71,271/- per acre.
Mr. L.B. Rai, Advocate, learned counsel forthe appellant states that in Mange Ram (Supra), the calculation was not done with the help of calculator and now it has been so done.
To cross-check, assistance of Mr. Hitesh Kumar, AdministrativeOfficer (A.O.) fromthe Accounts Branch ofthis Court was taken to check the calculation as made inMange Ram (Supra) as
LA.APP No.151/2012 Page 2 well as the calculation now made by learned counsel for the appellant.
It is reported by Mr. Hitesh Kumar (AO) that the calculation now made @Rs.22,71,271/- per acre is correct one.
Accordingly, this appeal is partly allowed with statutory benefits and proportionate costs, while enhancing the compensation ofthe subject land to ^22,71,271/- per acre.
The appeal stands disposed of in aforesaid terms.
MAY 04, 2012 rs JNIL GAUR)
JUDGE
LA.APP No.151/2012 . Page 3
In view of decision of Coordinate Bench of this Court in
'Jamna Vs. Union of India & Ors.' in LA.APP. No.784/2005, LA.APP No.151/2012 Page 1
2012:DHC:9668 rendered on 8th July, 2011, compensation in this appeal can be reasonably assessed @ ?21,53,905/- per acre as on 13^*" December, 2004 i.e. the date when Notification under Section 4 of the Land
Acquisition Act, 1894 was issued for acquiring the land of the appellant in Village - Bakkarwala. Such a view is being taken as this
Court in LA.Appeal No.128 of 2012 , 'Mange Ram & Ors. & Union of India & Ors.' rendered on 24'^ April, 2012, has so assessed the compensation in respect of this very Village and in relation to this very Notification.
InJamna (Supra), inrespect ofNotification of 17''" June, 2005, land of this very village was acquired vide Notification of 24^''
September, 2003 and the compensation awarded was @
^23,93,227.20/- per acre. Inthe decision Jamna (supra), appreciation/ depreciation of price of land by 10% per annum has been recognized as a reasonable method for computation of assessment of compensation in such like matters.
Mr. L.B. Rai, Advocate, learned counsel forthe appellant states that this appeal can be disposed of in terms of order of this Court in
Mange Ram (Supra), but there is a typographical error in the said order in enhancing the compensation to ^21,53,905/- per acre and when computed on calculator in tenns of the aforesaid order in
Mange Ram (Supra), the enhancement of compensation comes to
^"22,71,271/- per acre.
Mr. L.B. Rai, Advocate, learned counsel forthe appellant states that in Mange Ram (Supra), the calculation was not done with the help of calculator and now it has been so done.
To cross-check, assistance of Mr. Hitesh Kumar, AdministrativeOfficer (A.O.) fromthe Accounts Branch ofthis Court was taken to check the calculation as made inMange Ram (Supra) as
LA.APP No.151/2012 Page 2 well as the calculation now made by learned counsel for the appellant.
It is reported by Mr. Hitesh Kumar (AO) that the calculation now made @Rs.22,71,271/- per acre is correct one.
Accordingly, this appeal is partly allowed with statutory benefits and proportionate costs, while enhancing the compensation ofthe subject land to ^22,71,271/- per acre.
The appeal stands disposed of in aforesaid terms.
MAY 04, 2012 rs JNIL GAUR)
JUDGE
LA.APP No.151/2012 . Page 3
JUDGMENT