Full Text
LA.APP.685/2010
MOHINDER SINGH &ORS.
Through: None.
Appellants UOI & ORS.
Mr.Ashish Tanwar, Advocate for UOI.
Ms.Shobhana Takiar, Advocate for DDA.
Through:
SUMER SINGH
Through:
Appellant MnV.P.Rana, Advocate.
UOI & ORS.
DDA.
Through:
RICHPAL DECEASED THR. LRs
Through: None Appellant UOI
Through: Mr.Sanjay Poddar, Advocate Mr.Ramesh Ray, Advocate and
DDA.
2011:DHC:12745
02.06.2011 CM No.12066/2010 in LA.App.No.685/2010
Allowed.
CM No.20461/2010 in LA Apd.No.685/2010 Vf Allowed.
# t CM No.4954/011 in LA App.No.141/2011 Allowed.
CM No.10232/2010 in LA Add.No.589/2010 Allowed.
LA Appeal Nos.685/2010. 141/2011 & 589/2010
ORDER
1. Instant appeals pertain to lands acquired in the revenue, estate of Village Tikri Kalan.
2. The date as of which connpensation has to be assessed fwith 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.
3. This Court has already decided the issue with respect to j the notification in question in a batch of appeals, lead appeal being t LA App.No. 193/2006 Pratao Sinoh (since deceased) Thr. LRs Vs. UO! & Ors.
4. 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/-.
5. Needless to state statutory benefits in terms of solatium p t and interest have also been awarded.
6. Learned counsel for the UOI 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.
7. 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.
8. Appellants would be entitled to statutory benefit of solatium in terms of the decision reported as 93 (2001) DLT 569 Sunder 1/5. Union of India. As regards the statutory benefit of interest 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.
9. For the remainder period interest as per statute would be paid.
10. Appellants would be entitled to cost limited to proportionate Court fee paid; proportion being with reference to the quantum of compensation enhanced. JUNE 02, 2011 mm PRADEEP NANDRAJOGJ.