KISHAN Vs. UOI

JUDGEMENT

(1.) CM 3454/2009 (condonation of delay) Counsel for respondent No.1/Union of India and the Legal Assistant, present on behalf of respondent No.2/DDA state that they do not wish to file replies to the application They, however, state that in case the application is allowed, the appellant may not be permitted to claim interest for the period of delay of 424 days in preferring the appeal and also the costs of the appeal

(2.) COUNSEL for the appellant has no objection to the aforesaid suggestion made by the counsels for the respondents

(3.) THE application is disposed of. LA APP 180/2009. The land of the appellant situated in village Kakrola 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 06.06.1991 This was followed by the declaration under Section 6 of the Act dated 06.12.1991 Thereafter, the Land Acquisition Collector made and pronounced his award under Section 11 of the Act, being Award No 1/1993-94 dated 02.04.1993 In his award, the Land Acquisition Collector has categorized the entire land under the acquisition into three categories being category A, B and C The Land Acquisition Collector awarded a sum of Rs. 96,875.00 per bigha for category "A" land, which comprised of lands which were cultivable or under agriculture or horticulture, Rs. 38,000.00 per bigha for category "B" land, which comprised of banjar land haing boundary wall and kothas, ponds or hadwari and Rs. 32,000.00 per bigha for category "C" land, which comprised of large pits ranging from 5 feet to 20 feet, besides other statutory benefits. 2. Dis-satisfied with the said determination of the market alue of the land, the appellant preferred a reference petition 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 10.09.2007, enhanced the compensation to Rs. 1,09,500.00 per bigha, irrespective of categorization and also granted other statutory benefits in accordance with law. 3. The appellant still dissatisfied by the enhancement granted by the learned Reference Court, preferred the present appeal seeking compensation at the rate of Rs 1,21,000.00 per bigha besides the statutory benefits As there was delay of 424 days in preferring the appeal, today counsel for the appellant made a statement in CM 3454/2009 that in the event any enhancement is granted by this Court, the appellant would not claim interest on the enhanced compensation, for the period of delay and also not press for costs of the appeal On his statement, the delay in filing the appeal was condoned subject to the condition that the appellant would not be entitled to interest on the enhanced compensation, for the period of delay, i.e., 424 days and also the costs of the appeal. 4. It is submitted by the counsel for the appellant that a Division Bench of this Court in a batch of matters including LAA No 673/2008 entitled ed Prakash s Union of India and Ors., decided on 23.10.2008, determined the market alue of the land acquired in the same village through the same notification at the rate of Rs. 1,20,500.00 per bigha In addition to the market alue, the following statutory benefits as granted by the Reference Court were also upheld:-