Full Text
LA.APP.375/2009
UNION OF INDIA ..... Appellant
Through: Mr.Sanjay Poddar, Senior Advocate with
Mr.Sanjay Pathak and Mr.Siddharth Panda, Advocates.
Through: Mr.M.K.Singh, Advocate for R-6/DDA.
None for other respondents.
19.08.2011
ORDER
1. Instant appeal pertains to the lands admeasuring 17 bigha and 19 biswa belonging to the respondents acquired pursuant to a notification dated 31.12.1981 issued under Section 4 of the Land Acquisition Act 1894 in village Rithala.
2. Vide impugned judgment and order dated 18.11.2004, the learned Reference Court has enhanced the compensation to 't.73/- per sq.yd.
3. Pertaining to the same notification relating to the same village, issue has attained finality before the Supreme Court and the judgment is reported as 2009 (15) SCC 769 La/ Chand vs. UOI & Anr. The Supreme Court has determined fair market value in sum of 't.30,500/- per bigha.
4. The instant appeal accordingly stands disposed of setting aside the impugned judgment and decree dated 2011:DHC:13584 18.11.2004 and decreeing that the respondents would be entitled to compensation for the acquired lands @~30,500/- per bigha.
5. Decree be prepared accordingly. It is clarified that vis-a-vis the award on the enhanced compensation which would work out as per the instant decision, respondents would be entitled to all statutory benefits as interpreted by the Supreme Court in the judgment reported as 93 (2001) DLT 569 Sunder Vs. UOI.
AUGUST 19, 2011 dk -r-4~ PRADEEP NANDRAJOG, J.