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HIGH COURT OF DELHI
LA.APP. 154/2007
BHULE RAM Appellant
Through; Mr. Deepak Khosia, Advocate
HIGH COURT OF DELHI
LA.APP. 154/2007
BHULE RAM Appellant
Through; Mr. Deepak Khosia, Advocate
VERSUS
UNION OF INDIA AND ANR. Respondents
Through: Mr. Sanjay Poddar, Advocate
Through: Mr. Sanjay Poddar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
08.12.2009 The present appeal is directed against the
08.12.2009 The present appeal is directed against the
ORDER
dated
10.01.2007 passed by the Reference Court in respect of Award
No.9/94-95 involving notification under Section 4 of the Land
Acquisition Act, 1894 (hereinafter referred to as 'the Act') issued on
16.10.1992 pertaining to the land situated in village Aali. The
Reference Court enhanced the compensation payable in respect of the land acquired from Rs.4,65,000/- per acre to Rs.5,99,850/- per acre apart from other statutory benefits. As the appellant was aggrieved by the aforesaid judgment, he has filed the present appeal.
Counsel for the appellant submits that the present case is covered by a judgment dated 10.04.2008 passed in an appeal registered as LAA 399/2007 entitled Bishamber Daval & Ors. vs. UOI
2009:DHC:14072
'•V
> & Anr. wherein the compensation payable to the land owners in respect of the same village under the same award was enhanced from
Rs.5,99,850/- per acre to Rs.6,51,000/- per acre with proportionate statutory benefits including interest on the amount of additional compensation and solatium on the lines of the decision of the Supreme
Court in the case of Sunder vs. Union of India reported as 93 (2001)
DLT 569.
Counsels for the parties state that the Division Bench followed an earlier judgment of this Court in the case of Nirmal vs. Union of India and Ors. passed in LAA 92/2007 decided on 30.11.2007, which has been, assailed by certain parties in the Supreme Court. It is however stated that there is no stay operating in respect of the aforesaid judgment.
In these circumstances, the present appeal is decided on the lines of the judgment dated 30.11.2007 delivered in LAA 92/2007 and other connected matters, followed by judgment dated 10.04.2008, in
10.01.2007 passed by the Reference Court in respect of Award
No.9/94-95 involving notification under Section 4 of the Land
Acquisition Act, 1894 (hereinafter referred to as 'the Act') issued on
16.10.1992 pertaining to the land situated in village Aali. The
Reference Court enhanced the compensation payable in respect of the land acquired from Rs.4,65,000/- per acre to Rs.5,99,850/- per acre apart from other statutory benefits. As the appellant was aggrieved by the aforesaid judgment, he has filed the present appeal.
Counsel for the appellant submits that the present case is covered by a judgment dated 10.04.2008 passed in an appeal registered as LAA 399/2007 entitled Bishamber Daval & Ors. vs. UOI
2009:DHC:14072
'•V
> & Anr. wherein the compensation payable to the land owners in respect of the same village under the same award was enhanced from
Rs.5,99,850/- per acre to Rs.6,51,000/- per acre with proportionate statutory benefits including interest on the amount of additional compensation and solatium on the lines of the decision of the Supreme
Court in the case of Sunder vs. Union of India reported as 93 (2001)
DLT 569.
Counsels for the parties state that the Division Bench followed an earlier judgment of this Court in the case of Nirmal vs. Union of India and Ors. passed in LAA 92/2007 decided on 30.11.2007, which has been, assailed by certain parties in the Supreme Court. It is however stated that there is no stay operating in respect of the aforesaid judgment.
In these circumstances, the present appeal is decided on the lines of the judgment dated 30.11.2007 delivered in LAA 92/2007 and other connected matters, followed by judgment dated 10.04.2008, in
LAA 399/2007 entitled Bishamber Daval & Ors. vs. UOI & Anr. The impugned judgment of the Reference Court dated 10.01.2007 is accordingly modified and the amount of compensation payable to the land owners is enhanced from Rs.5,99,850/- per acre to Rs.6,51,000/- per acre, with proportionate statutory benefits including interest on solatium and on the additional amount under Section 23(1-A) of the
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Act, in view of the decision of the Supreme Court in the case of Sunder' vs. Union of India reported as 93 (2001) DLT 569. The appellant shall also be entitled to proportionate costs.
The appeal is disposed of. Decree sheet be drawn accordingly.
Trial court record be released forthwith.
HIMAKOHLU
DECEMBER 08, 2009 rkb
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Act, in view of the decision of the Supreme Court in the case of Sunder' vs. Union of India reported as 93 (2001) DLT 569. The appellant shall also be entitled to proportionate costs.
The appeal is disposed of. Decree sheet be drawn accordingly.
Trial court record be released forthwith.
HIMAKOHLU
DECEMBER 08, 2009 rkb