Full Text
RFA NO. 338 OF 2002 & CM No. 9837/2010
Date of Decision: 20th January, 2011 # DAL CHAND (DECD.) THRU LRS. & ORS. ...Appellants
! Through: Mr. Inder Singh, Advocate
^ Through: Mr. Sanjay Poddar, Advocate.
JUDGMENT
1. Whether Reporters of local papers may be allowed to see the Judgment?(No)
2. To be referred to the Reporter or not?(No)
3. Whether the judgment should be reported in the digest?(No)
JUDGMENT
P.K.BHASIN, J(ORAL) The appellants as well as respondent No.1 Union of India had both challenged the judgment and decree dated 22nd February, 2002 passed by the learned Additional District Judge in LAC No. 14/97 whereby the market value of the land of the appellants, who were the legal heirs of the owner Dalchand, in village Dallupura pursuant to the notification dated 17th November, 1980 and award No. 79/1982-83 acquired by the Government was enhanced from ` 12,500 per bigha as awarded by the Land Acquisition Collector to ` 3,45,000 per bigha. The appellants were expecting more than what had been awarded to them by the Reference 2011:DHC:371 Court and so they filed an appeal while Union of India filed cross objections claiming reduction in the market value.
2. It is not in dispute that when the impugned judgment was passed by the Reference Court relying upon two decisions of this Court in “Anil Kumar Sharma vs. Union of India”, 86(2000) DLT 825 and “Rattan Lal vs. Union of India”, RFA No. 338/94 decided on 24/08/01.
3. Counsel from both the parties had today submitted that filing of the appeal by the appellants and cross-objections by the Government was necessitated because the judgments of this Court in Anil Kumar Sharma’s case and Rattan Lal’s case had been challenged by the Government as well as land owners before the Hon’ble Supreme Court. The land owners were asking for further enhancement while the Government was asking for reduction in the market value of the acquired lands involved in those two cases out of which Rattan Lal’s case pertained to village Dallupura, which is the village involved in the present case also. The Hon’ble Supreme Court finally has set aside both these judgments of this Court whereby the market value of the lands in village Dallupura had been fixed at `3,45,000 per bigha and has reduced the market value to ` 76,550/-per bigha vide its judgment dated 3rd August, 2004 titled as “Delhi Development Authority vs. Bali Ram Sharma & Ors.”, (2004) 6 Supreme Court cases 533.
4. Counsel for the appellants and Union of India have both very fairly conceded that in view of the said judgment of the Hon’ble Supreme Court the market value of the appellants’ land is to be fixed at ` 76,550 per bigha. Counsel also informed that in fact the appellants already stand paid compensation at the said rate fixed by Hon’ble Supreme Court and they also stated that now the appellants’ appeal as well as Government’s cross objections can be disposed of by modifying the Reference Court’s judgment by fixing the market value of the land in question at ` 76,550 per bigha and maintaining other statutory reliefs granted to the appellants by the Reference Court.
5. The appeal of the appellants and cross-objections filed by the Union of India are disposed of accordingly and the Reference Court’s judgment and decree stand modified to the extent that the market value of the land in question shall be now stand fixed at ` 76,550 per bigha as against ` 3,45,000 per bigha fixed by the Reference Court vide impugned judgment and the statutory benefits should be paid on ` 76,550 per bigha.
6. Both the parties are left to bear their respective costs. P.K. BHASIN,J January 20, 2011 nk