Full Text
LA.APP. 328/2007
UOI
Through: ..... Appellant Mr.Sanjay Poddar, Advocate, Mr.Ramesh Ray, Advocate and
Mr.Ashish Tanwar, Advocate for UOI
Through: Mr.S.K.Rout, Advocate with Mohd.Azam Ansari and
Mr.B.K.Rout Ray, Advocates
HARI RAM & ORS. Appellants
Through: Mr.Sanjay Poddar, Advocate, LA.APP. 641/2010
BADAM SINGH & ANR. Appellants
2011:DHC:11941
RAJESH KUMAR &ORS. Appellants
UOI Appellant
St ANR. Respondents
UOI Appellant
LAKH! Appellant lA.APP.Nos.328/07, 636/10, 641/10, 648/10, 334/07,19/08&
83/10 Page 2of4
03.06.2011
ORDER
1. All matters pertain to acquisition of land in village Bamnoli. Notification issued under Section 4 of the Land Acquisition Act is dated 24.9.1987.
2. In all cases fair market value assessed for purposes of compensation by the Reference Court is ^37,000/- per bigha save and except the order of the Reference Court which is a subject matter of challenge in LA.APP.No.328/2007 where the sum assessed is @ ^40,330/-per bigha.
3. Pertaining to a notification dated 9.1.1987, deciding a batch of appeals, lead matter being LA.APP.No.303-311/2006 Risal Singh & Ors. Vs. UOI & Ors.. decision being dated 25.5.2006 a Division Bench of this Court assessed fair market value of agricultural land in village Bamnoli to be ?37,000/- as of 9.1.1987.
4. In a decision dated 19.12.2008 lead matter being LA.APP.No.193/2006 PraiaD Sinah (through LRs.) Us. UOI & Ors.. pertaining to village Tikri Kalan and Ghevra a Division Bench of this Court held that date shows that till around 1995-96 prices of land post 1996 were 10% per annum. LA.APP.Nos.328/07, 636/10, 641/10, 648/10, 334/07,19/08&83/10 '£ JV
5. Pertaining to the village in question we have no evidence before us whether the prices rose by 12% or 10%.
6. A perusal of the decision of the Division Bench in Risal Singh's case (supra) would reveal that pertaining to village Bharthal and Bindapur, in the decision reported as (65) 2002 DRJ 1 Rama Nand Vs. UOI & Ann. 12% increase in land prices per annum was determined.
7. In my opinion a fair and just solution would be go give benefit of 12% increase in land prices in the instant case and treating 9.1.1987 to be the base date and land prices would come to ?40,330/perbigha.
8. Accordingly, LA.APP.No.328/2007 as also LA.APP. No.334/2007 and LA.APP.No.19/2008 are dismissed.
9. Pending applications therein are allowed in terms of the prayer made.
10. LA.APP.No.636/2010, LA.APP.No.641/2010, LA.APP. No.648/2010 and LA.APP.No.83/2010 stand disposed of enhancing the compensation payable to the appellants to ^40,330/- per bigha. Further decreed that the appellants would be entitled to statutory benefits on the enhanced compensation as per the Land Acquisition Act 1894 and as per the decision of the Supreme Court reported as 93 (2001) DLT 569 Sunder Us. Union of India as interpreted in Pratap Singh's case (supra) but interest not to be paid on the enhanced compensation for the period there was delay in preferring the appeais^ including the delay in re-filing the appeals. Proportionate costs as well.