RAJ SINGH DECD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India seeks to assail the order dated 02.06.2011 passed by the Executing Court, namely the Additional District Judge 01, Rohini Courts, Delhi in Execution No. 48/2008.

(2.) The land of the decree holder, i.e. the petitioner herein was acquired and the Land Acquisition Collector passed an Award No.35/81/82 on 10.01.1981. The petitioner/ decree holder then filed a reference for enhancement of compensation. The learned ADJ vide judgment dated 15.10.1984 enhanced the compensation by assessing the market value @ Rs.2,500/- for category 'A', Rs.2,000/- for category 'B' and Rs.1,600/- for category 'C' lands.

(3.) The said judgment of the Reference Court was further carried in appeal before this Court in RFA 84/85. A Division Bench of this Court enhanced the market value as Rs.7,000/- per Bigha. It was, inter alia, held that the decree holder would be entitled to additional amount under Section 23(1A) subject to constitution bench judgment of the Supreme Court which was then awaited. In C.M. No.939/1988, the decree was amended vide order dated 11.01.1989, and the petitioner was granted 30% solatium and interest @ 9% for the first year, and 15% thereafter, till payment of enhanced compensation and additional amount under Section 23(1A) @ 12% p.a.