CHANDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal is filed by the appellants/land owners against the judgment dated 10.10.2001 passed by the learned ADJ on a reference received under Section 18 of the Land Acquisition Act, 1894 (in short 'the Act') granting enhancement of compensation Rs. 34,150/- per bigha as on 19.8.1976, by relying on a judgment of this Court passed in a batch of appeals, lead matter being RFA No. 585/1987 entitled Bedi Ram v. UOI, 2001 60 DRJ 169 decided on 23.3.2001 reported as , 93 (2001) DLT 150 : .

(2.) Aggrieved by the amount of compensation granted by the Reference Court, the appellants have preferred the present appeal claiming compensation Rs. 1,00,000/- per bigha, i.e., Rs. 100/- per sq. yard. In the case of Bedi Ram (supra), the Division Bench considered the appeals preferred by the land owners/claimants whose land situated in village Kondli, Delhi, was acquired through two separate notifications under Section 4(1) of the Act. The first notification was issued on 8.2.1973, which culminated in Award No. 2/78-79 made on 8.5.1978. The second notification under Sections 4 & 6 of the Act was issued on 19.8.1976, which culminated in Award No. 4/79-80 made on 22.5.1979.

(3.) Insofar as the market value of the land pertaining to the land acquired through an earlier notification dated 8.2.1973 was concerned, the Division Bench held that compensation was payable Rs. 22,850/- per bigha. In respect of land covered by a subsequent notification dated 19.8.1976, the Division Bench allowed the progressive increase12% per annum for each year separately over and above the market value of Rs. 8,064/- per bigha as on 30.11.1959 and fixed the fair market value of the land in village Kondli at Rs. 34,150/- per bigha, as on 19.8.1976. Over and above the amount of compensation, the appellants therein were held entitled to payment of solatium and interest as per the order of the Reference Court. In addition to the enhance market value, they were also held entitled to payment of additional amount 12% per annum for the period commencing from the date of publication of the notification under Sub-section (1) of Section 4 of the Act to the date of the award of the Collector or the date of taking over possession, whichever is earlier, in all cases where the award was made by the Collector after 30.4.1982 or where reference was pending before the Reference Court on 30.4.1982. It was however held that the additional amount would not be payable to such of the appellants in whose case the award was made by the Collector prior to 30.4.1982 and reference petition was decided prior to 30.4.1982, on the ratio of the judgment of the Supreme Court in the case of K.S. Paripoornan v. State of Kerala, 1995 1 SCC 367. It was also directed that in case the interest was ultimately held payable on solatium by the Supreme Court in a reference made to the Larger Bench, vide order dated 10.8.1998 in the case of Kapur Chand Jain (dead) and Ors. v. State of Government of H.P. and Ors., 1999 AIR(SC) 3470, the appellants therein would also be entitled to be paid interest. While disposing of the appeals of the land owners on the aforesaid terms, the cross appeals of the respondent/UOI were dismissed by the Division Bench.