GNCT Delhi v. M.S. Dewan & Anr.

Delhi High Court · 22 Jul 2011 · 2011:DHC:13926
Pradeep Nandrajog
LA.APP. 394/2009
2011:DHC:13926
property appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal, affirming the Reference Court's valuation of acquired agricultural land at ₹32,000 per bigha based on precedent and applying a 10% annual reduction.

Full Text
Translation output
mj $-30 HIGH COURT OF DELHI
LA.APP. 394/2009
UOI Appellant
Through : Mr.Sanjay Poddar,Standing Counsel(LA)GNCT Delhi with
Mr.Sachin Nawani and Mr.Siddhartha Panda, Advocates
VERSUS
M.S. DEWAN & ANR. Respondents
Through: Mr.lnder Singh for LR of R-1
CORAM:
HON'BLE MR.JUSTICE PRADEEP NANDRAJOG
22.07.2011 CM No.16550-51/2010 For the reasons stated in the application, delay in bringing on record legal heirs of deceased respondent No.l as also delay in seeking setting aside of the abatement of the appeal stand condoned and the applications are allowed as prayed for.
CM No.16549/2010 Allowed subject to just exceptions.
LA.APP.No.394/2009
ORDER

1. Pertaining to a notification dated 7.3.1963 issued under Section 4 of the Land Acquisition Act, pursuant whereto agricultural lands in village Tughlakabad were acquired, learned Reference Court has determined fair market value @ ?32,000/per bigha.

2. The reasoning of the Reference Court is that a Division M APP No.394/2009 Page No.l of[2] 2011:DHC:13926 Bench of this Court, in the decision reported as 1992(48) DLT 202 Chandan Vs. UOI had determined fair market value @ ?40,000/- per bigha.

3. Taking said amount to be the base and reducing it by 10% each year, following the decision of this Court reported as 2002(96) DLT 225 UOI Vs. Raiiv Gupta, amount of ?32,000/- has been arrived at.

4. In view of there being no other competing evidence I find the view taken by the learned Reference Court to be in accordance with law. Thus, LA.APP.No.394/2009 is dismissed.

5. No costs.

PRADEEP NANDRAJOG,J. JULY 22, 2011 rk M APP No.394/2009 Page No.2 of[2]