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$-11, 12 & 14 HIGH COURT OF DELHI
LA.APP.685/2010
MOHINDER SINGH & ORS. Appellants
Through: None.
$-11, 12 & 14 HIGH COURT OF DELHI
LA.APP.685/2010
MOHINDER SINGH & ORS. Appellants
Through: None.
VERSUS
. UOl & ORS. Respondents
Through: Mr.Sanjay Poddar, Advocate Mr.Ramesh Ray, Advocate and
Mr.Ashish Tanwar, Advocate for UOl.
Ms.Shobhana Takiar, Advocate for S.DDA.
Through: Mr.Sanjay Poddar, Advocate Mr.Ramesh Ray, Advocate and
Mr.Ashish Tanwar, Advocate for UOl.
Ms.Shobhana Takiar, Advocate for S.DDA.
LA.APP.141/2011
SUMER SINGH Appellant
Through: Mr.V.P.Rana, Advocate.
SUMER SINGH Appellant
Through: Mr.V.P.Rana, Advocate.
VERSUS
UOl & ORS. Respondents . Mr.Ramesh Ray, Advocate and
DDA.
DDA.
LA.APP.589/2010
RICH PAL DECEASED THR. LRs Appellant
Through: None
RICH PAL DECEASED THR. LRs Appellant
Through: None
VERSUS
UOl Respondent Mr.Ramesh Ray, Advocate and DDA.
2011:DHC:11804
2011:DHC:11804
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
02.06.2011 CM No.12066/2010 in LA.Arp.No.685/2010
• Allowed.
CM No.20461/2010 in LA ADp.No.685/2010 Allowed.
S CM No.4954/011 in LA AOD.No.141/2011 Allowed.
CM No.10232/2010 in LAApp.No.589/2010 Allowed.
LA Appeal Nos.685/2010, 141/2011 & 589/2010 Instant appeals pertain to lands acquired in the revenue estate of Village Tikri Kalan.
The date as of which compensation has to be assessed with reference to the fair market value of the acquired lands is
16.11.1995 i.e. when the notification was issued under Section 4 of the Land Acquisition Act.
This Court has already decided the issue with respect to the notification in question in a batch of appeals, lead appeal being
LA App.No.193/2006 Pratap 5/ngh (since deceased) Thr. LAs Vs. UO/ &
Ors.
As per the said decision pertaining to Block A lands, for the notification dated 16.11.1995 compensation has been enhanced to Rs.2,15,160/- and for Block B to Rs.1,73,500/-.
Needless to state statutory benefits in terms of solatium and interest have also been awarded.
Learned counsel for the UOl would fairly concede that the appellants herein would be entitled to the same benefit but states that interest be denied for the period of delay in filing and re-filing the appeals.
Thus, all appeals stand disposed of enhancing the compensation payable at Rs.2,15,160/- for Block A lands and
•
Rs.1,73,500/- for Block B lands.
Appellants would be entitled to statutory benefit of solatium in terms of the decision reported as 93 (2001) DLT 569
Sunder Vs. Un/on of/nd/a. As regards the statutory benefit of interest
S it is directed that interest would be paid excluding the period 90 days after impugned references were answered till the date when instant appeals were listed for preliminary hearing post removal of objections. It is made clear that no interest would be paid for the period interregnum 90 days after the impugned decisions were pronounced till the first date when appeals were listed in this Court.
For the remainder period interest as per statute would be
• paid.
Appellants would be entitled to cost limited to proportionate Court fee paid; proportion being with reference to the quantum of compensation enhanced.
$ PRADEEP NAN DRAJOG, J.
JUNE 02, 2011 mm
02.06.2011 CM No.12066/2010 in LA.Arp.No.685/2010
• Allowed.
CM No.20461/2010 in LA ADp.No.685/2010 Allowed.
S CM No.4954/011 in LA AOD.No.141/2011 Allowed.
CM No.10232/2010 in LAApp.No.589/2010 Allowed.
LA Appeal Nos.685/2010, 141/2011 & 589/2010 Instant appeals pertain to lands acquired in the revenue estate of Village Tikri Kalan.
The date as of which compensation has to be assessed with reference to the fair market value of the acquired lands is
16.11.1995 i.e. when the notification was issued under Section 4 of the Land Acquisition Act.
This Court has already decided the issue with respect to the notification in question in a batch of appeals, lead appeal being
LA App.No.193/2006 Pratap 5/ngh (since deceased) Thr. LAs Vs. UO/ &
Ors.
As per the said decision pertaining to Block A lands, for the notification dated 16.11.1995 compensation has been enhanced to Rs.2,15,160/- and for Block B to Rs.1,73,500/-.
Needless to state statutory benefits in terms of solatium and interest have also been awarded.
Learned counsel for the UOl would fairly concede that the appellants herein would be entitled to the same benefit but states that interest be denied for the period of delay in filing and re-filing the appeals.
Thus, all appeals stand disposed of enhancing the compensation payable at Rs.2,15,160/- for Block A lands and
•
Rs.1,73,500/- for Block B lands.
Appellants would be entitled to statutory benefit of solatium in terms of the decision reported as 93 (2001) DLT 569
Sunder Vs. Un/on of/nd/a. As regards the statutory benefit of interest
S it is directed that interest would be paid excluding the period 90 days after impugned references were answered till the date when instant appeals were listed for preliminary hearing post removal of objections. It is made clear that no interest would be paid for the period interregnum 90 days after the impugned decisions were pronounced till the first date when appeals were listed in this Court.
For the remainder period interest as per statute would be
• paid.
Appellants would be entitled to cost limited to proportionate Court fee paid; proportion being with reference to the quantum of compensation enhanced.
$ PRADEEP NAN DRAJOG, J.
JUNE 02, 2011 mm
JUDGMENT