Full Text
RFA No. 662/1998
JUDGMENT
UOI …… APPELLANT
Through: Mr. S.S. Dalal, Adv.
Through: None
1. Whether reporters of local papers may be allowed to see the judgment? Yes
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the digest or not? Yes S.L. BHAYANA, J The present appeal has arisen out of the award/order passed by the Additional District Judge, Delhi in LAC No. 11/1997 on 25.11.1997.
2. The brief facts of the case are that the respondents were the owner of land bearing khasra no. 829/440(1-3), 828/441(1-12), 846/460(3-6), 847/461(1-19) total measuring 8 bighas and 10 biswas situated in village Mandoli.
3. On 06.3.1965 and 19.10.1966 vide notification issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short “the Act), the Land Acquisition Collector acquired the land vide award no. 61/80- 81 dated 30.11.1981. The LAC classified the said land into three categories and awarded compensation of Rs.4000/- per bigha for first 2009:DHC:5172 bigha for third category. The land of the respondents fell in the second and third category.
4. Aggrieved by the order of LAC, a reference was made to the Trial Court. The learned ADJ enhanced the rate of compensation @ Rs.24,000/- per bigha. The learned ADJ has also held that the respondents were entitled to solatium @ 30% of the market value and interest @ 9% per annum for the first year from the date of taking possession and thereafter @ 15% per annum till the date of payment of excess amount. But the respondents were not granted any interest on solatium by the learned Trial Court.
5. Learned counsel for the appellant has fairly conceded that the learned Trial Court has relied upon the judgment of Division Bench of this Court passed on 17.8.1995 in the case of Mangat vs. Union of India (RFA No.402/1987) & other connected matters, while enhancing the compensation of Rs. 24,000/- per bigha in favour of the respondents. The learned Trial Court has also relied upon the judgment passed by the Supreme Court in Ram Chand & Ors. vs. UOI in WP. Nos. 1609- 1622/1981 and Sh. Ved Prakash & Ors. vs. UOI in Civil Appeal NO. 2630/1980 decided on 30.9.1993.
6. Having heard learned counsel for the parties and the documents placed on record, I am of the opinion that the judgment of Division Bench of this Court in the case of Mangat (supra) passed on 17.8.1995, pertains to the same land of village Mandoli and whereby the same award No. 61/80-81 was challenged in the said judgment and that had become final between the parties since the SLP filed by UOI before the
7. Keeping in view the law laid down by the Supreme Court and the Division Bench of this Court, I find no infirmity in the impugned judgment.
8. The appeal filed by the appellant is, therefore, dismissed.
9. No order as to costs. S.L.BHAYANA, J December 04, 2009 KA