GANGA SAHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) against the award in LAC No. 55/1984 passed by Shri V.S. Aggarwal, Additional District & Sessions Judge, Delhi dated 4-4-1989 determining the amount of compensation payable to the appellant/claimant for his land at village Mandoli, acquired for public purposes i.e. the planned development of Delhi under notification dated 6-3-1965 issued under Sec. 4 of the Act.

(2.) The facts in the present appeal are similar and identical to that of R.F.A. 407/ 1987. The land of the present appellant was also acquired under the same notification and pertained to the same village Mandoli. The reference application filed by the present appellant was disposed of along with the application filed under Sec. 18 by the respondent in R.F.A. 407/1987 and was disposed of by a Single Judgment. In the aforesaid view of the matter, lands of both the cases being identical and similar and being the subject matter of the same notification the findings made and decision arrived at in R.F.A 407/1987 are fully applicable to the facts of the present case.

(3.) In view of the above, we allow this appeal holding that the appellant/claimant is entitled to compensation for acquisition of his land at market rate of Rs. 24,000.00 per bigha irrespective of classification of land. Over and above the market value the appellant/claimant shall also be entitled to solatium at 30% on the enhanced amount. The appellant/claimant shall also be entitled to interest @ 9% per annum from the date of dispossession till the expiry of one year from that date and thereafter at 15% till the date of payment. The appellant shall also be entitled to proportionate costs. Appeal allowed.