Vijay Kumar v. Union of India & Anr.

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 HIMA KOHLI, J. (Oral)

1. The present appeal is directed against the judgment dated 15.12.2006 passed by the learned ADJ in respect of award No.2/DCW/2004- 05 pertaining to the land situated in village Tikrikalan, Delhi.

2. Counsel for the appellant states at the outset that the present case is covered by the judgment of the Division Bench of this Court in a batch of matters including LAA No. 193/2006 entitled Pratap Singh deceased 2010:DHC:506 through LRs vs. Union of India and Ors., decided on 19.12.2008.

3. The land of the appellant situated in village Tikri Kalan was acquired by the respondent/UOI vide preliminary notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as „the Act‟) on 17.12.2002. This was followed by the declaration under Section 6 of the Act dated 11.12.2003. Thereafter, the Land Acquisition Collector made and pronounced his award under Section 11 of the Act, being Award No. 2/DCW/2004-05 dated 20.09.2004. In his award, the Land Acquisition Collector assessed the market value of the land at the rate of Rs.3,27,083/per bigha for category “A” leveled land and Rs.2,91,666/- for category “B” land, besides other statutory benefits.

4. The appellant dis-satisfied with the said determination of the market value of the land, preferred a reference under Section 18 of the Act for enhancement of the compensation, which was referred to the court of the learned Additional District Judge, Delhi. The learned Additional District Judge vide Order and judgment dated 15.12.2006 enhanced the compensation to Rs.3,92,500/- per bigha and Rs.3,50,000/- per bigha for Block „A‟ and Block „B‟, respectively. However, other statutory benefits were granted by the learned reference court in accordance with law.

5. The appellant preferred the present appeal seeking compensation at the rate of Rs.2,68,000/- per bigha besides the statutory benefits. As there was delay of 8 months and 9 days in preferring the appeal, the application for seeking condonation of delay, registered as CM No.2678/2008 was allowed subject to the condition that the appellant would not claim interest for the period of delay.

6. It is submitted by the counsel for the appellant that a Division Bench of this Court in a batch of matters including LAA No. 193/2006 entitled Pratap Singh deceased through LRs vs. Union of India and Ors., decided on 19.12.2008, determined the market value of the land acquired in the same village through various notifications at various rates. However, in respect of the land acquired through the notification dated 17.12.2002, the market value was assessed at Rs.2,15,160.00 per bigha for land falling in category “A” and at Rs.1,73,500.00 for category “B” land. In addition to the market value, the following statutory benefits as granted by the Reference Court were also upheld:- (a) 12 % additional amount on the above market value of land under section 23 (1A) of the Act. (b)30% solatium on the above market value of land under section 23 (2) of the Act. (c)Interest under section 28 of the Act at the rate of 9% per annum from the date of dispossession for the first year and thereafter at the rate of 15% per annum till the date of the tender of compensation, which includes the benefit granted by the Hon‟ble Supreme Court in the case of Sunder Vs. Union of India reported as 2001 (93) DLT 569.

7. Counsel for the respondent/UOI concedes that the present case is also covered by the aforesaid judgment. He, however, submits that his clients are contemplating assailing the aforesaid judgment before the Supreme Court. However, as on date, the appeal has not been filed.

8. Drawing an analogy from the case of Pratap Singh (supra) with which the counsel for the appellants seeks parity, it is held that the market value for the land falling in the category of „A‟ shall be maintained at Rs.2,15,160.00 per bigha and for category „B‟ land at Rs.1,73,500.00. In addition to the market value, statutory benefits as granted to the appellant in the case of Pratap Singh (supra) shall also be granted to the appellant herein. However, the appellant would not be entitled to claim interest on the enhanced compensation, for the period of 8 months 9 days of delay.

9. The appeal is disposed of. HIMA KOHLI,J JANUARY 28, 2010 sk