rma and Mr.S.K.Rout, Advocates v. UNION OF INDIA & ANR

Delhi High Court · 19 Aug 2011 · 2011:DHC:13624
HON'BLE MR.JUSTICE PRADEEP NANDRAJOG; 19.08.2011
2011:DHC:13624
property appeal_allowed Significant

AI Summary

The Delhi High Court enhanced compensation for land acquired under the Land Acquisition Act by applying market appreciation and granted statutory benefits but denied interest for delay in filing the appeal.

Full Text
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$-20 HIGH COURT OF DELHI
LA.APP. 436/2010
MIR SINGH & ORS Appellants
Through: Mr.B.D.Shárma and Mr.S.K.Rout, Advocates
VERSUS
UNION OF INDIA & ANR Respondents
Through: Mr.Sanjay Poddar, Senior Advocate with Mr.Sanjay Pathak, Advocate for
UOl Ms.Savita Rastogi, Advocate for R-2 Mr.Bankey Bihari Sharma, Advocate forDDA
CORAM:
HON'BLE MR.JUSTICE PRADEEP NANDRAJOG
19.08.2011
ORDER

1. Pertaining to village Ghevra, as per the judgment and order dated 19.12.2008, lead matter being LA.App.No.193/2006 Pratap Singh (Since deceased) Through LRs Vs. UQI & Ors., fair, market value determined by this Court for Category 'A' lands was U,35,815/- and for Category 'B' lands it was 1,90,160/- per' bigha pertaining to a notification dated 11.6.1996 issued under, Section 4 of the Land Acquisition Act. In the instant appeal I am concerned with lands in village Ghevra which were acquired pursuant to the notification dated 12.8.1997 issued under Section 4 of the Land Acquisition Act. LA.A PP. 43612010 + % 2011:DHC:13624 Giving 12% increase per annum for a period of 1 year and 2 months, the fair market value for Category 'A' lands would be 2,68,829/- and for Category B lands it would be 2,16,782/- per bigha. The appeal accordingly stands disposed of decreeing that the appellants shall be entitled to fair market value of the subject lands at the rate of 2,68,829/- for Category 'A' land and 2,16,782/- for Category 'B' land + statutory benefits as per the - Land Acquisition Act 1894 as interpreted by the Supreme Court in the judgment reported as 93 (2001) DLT 569 Sunder Vs. UO/ shall also be paid, except that for 665 days, being the period of delay in filing the appeal interest would not be paid. Proportionate costs as well.

PRADEEP NAN DRAJOG, J. AUGUST 19, 2011 mm V