S. Tej Partap Singh vs Union of India

Devinder Gupta, J.—The claimant/appellant has filed this appeal seeking further enhancement in the amount of compensation. The appeal has been preferred u/s 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") against the award of learned Additional District Judge dated 4.5.1998 in LAC No. 459/93 (110/72).

Claimant/s land situate in village Mandauli, Illaqa Shahdara, Delhi was acquired for public purpose, namely, Planned Development of Delhi through notification issued u/s 4 of the Act on 6.3.1965 for which declaration u/s 6 of the Act was issued on 19.10.1966. Collector, Land Acquisition made his award No. 41/71-72 on 29.1.1972. Dissatisfied with the amount of compensation offered by the Collector, the claimant sought reference. The Reference Court by the impugned award enhanced the amount of compensation by assessing market value of land as on the date of notification u/s 4 of the Act at Rs. 20,000/- per bigha. In appeal the claimant/appellant has sought further enhancement at the rate of Rs. 30,000/- per bigha.

We have heard learned counsel for the parties and been taken through the record.

A Division Bench of this Court in RFA No. 363/88 ( Alim-un-din etc. v. Union of India ) decided on 26.7.1999 determined the amount of compensation at Rs. 24,000/- per bigha for such of the lands, which were acquired through notification issued u/s 4 of the Act on 6.3.1965. Earlier judgment of this Court in RFA No. 402/97 ( Mangat Ram v. Union of India ) decided on 17.8.1995, which had been followed in RFA No. 132/90 ( Ram Pyari and others v. Union of India ) decided on 4.4.1997 was relied upon wherein also compensation was allowed at the same rate for similar land situate in the same village acquired through the same notification. As on distinguishing feature has been brought to our notice that the claimant''s land was in any manner inferior, there is no reason whatsoever to discriminate the appellant in the matter of payment of compensation.

Consequently, the appeal is allowed with proportionate costs. Claimant/appellant is also entitled to compensation at the rate of Rs. 24,000.00 per bigha irrespective of its classification. On the enhanced amount of compensation the claimant/appellant will be paid solarium at 30% and interest at the rate of 9% p.a. for a period one year from the date of dispossession and thereafter at the rate of 15% p.a. till date of payment. Question of payment of interest on solarium is left open. The same in case is held payable by the Supreme Court in its decision on the question, which has been referred to a larger bench in Kapur Chand Jain (Dead) and Others Vs. State Govt. of H.P. and Others, , the same will become payable to the claimant/appellant.