UNION OF INDIA Vs. DHIRAJ

JUDGEMENT

(1.) The present appeal is directed against the judgment of the High Court of Delhi at New Delhi, passed on 7th December, 2000, in RFA No. 283 of 1995 where a Division Bench of the High Court partly allowed the appeal, filed under Section 54 of the Land Acquisition Act, 1894 (for short, the Rs. Act), by the claimant (Respondent herein). While enhancing the compensation awarded to the claimant, the High Court fixed it at Rs. 345/- per square yard. In addition to the enhanced market value, the claimant was also held entitled to the solatium at the rate of 30% and interest at the rate of 9% per annum for a period of one year from the date of the Collector taking the possession and thereafter at the rate of 15% per annum till the date of payment. The question of payment of interest on solatium was kept open subject to the decision of this Court in the reference pending at that time.

(2.) The pertinent facts of the present case are that a Notification under Section 4 of the Act was issued on 25th February, 1981 proposing to acquire considerable land situated in the Revenue Estate of Village Kondli, including the land which is the subject matter of the present appeal, for a public purpose, i.e. planned development of Delhi and at public expense. Declaration under Section 6 of the Act was made on 29th September, 1981. The Land Acquisition Collector, after following the due procedure of law, passed an award being award No. 57/81-82 on 31st March, 1982 fixing the rate of compensation at Rs. 3,000/- per bigha. Dissatisfied with the compensation awarded, an application for reference under Section 18 of the Act was made to the Court of competent jurisdiction. The Reference Court answered the reference partially in favour of the claimants and fixed the market value of the acquired land at the rate of Rs. 10,000/- per bigha for ab-pash land and Rs. 5,000/- per bigha for gair-ab-pash land. Still dissatisfied with the compensation awarded, the claimants preferred appeals before the High Court of Delhi. The Division Bench of the High Court which disposed of the appeal under consideration relied upon the judgment of another Division Bench of that Court (Devinder Gupta, J. being member to both the Benches) in the case of Anil Kumar Sharma v. Union of India, 86 (2000) DLT 825, and further enhanced the compensation payable to the claimants to Rs. 345/- per square yard with the benefits aforenoticed. The Union of India felt aggrieved by this judgment of the High Court enhancing the compensation granted to the claimants to the extent of Rs. 345/- per square yard and had filed the present appeal before this Court.

(3.) The only contention raised on behalf of the Appellant is that the judgment of the Delhi High Court in the case of Anil Kumar Sharma (supra) was set aside by this Court in the case of Delhi Development Authority v. Bali Ram Sharma, (2004) 6 SCC 533 and the compensation of Rs. 345/- per square yard granted by the High Court in that case was reduced by this Court to Rs. 76,550/- per bigha and as such the compensation granted by the High Court in the present case is also liable to be reduced as being a case covered by the said judgment.