LAWS(DLH)-1995-2-79

LEHRI Vs. UNION OF INDIA

Decided On February 17, 1995
LEHRI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This is an appeal under section 54 of the Land Acquisition Act, 1894, against the judgment of the Additional District Judge, Delhi, enhancing the amount of compensation on a reference made to him under section 18 of the Act. The land in question is that of village Peepalthala.

(2.) A notification under section 4 of the Act was issued on 13 November 1959 and declaration under section 6 on 22 November 1962. The award by the Collector was made on 22 April 1963. He fixed the market value of the land for various khasras which was enhanced by the Additional District Judge in the impugned judgment. This is how the compensation was enhanced :-

(3.) The learned Additional District Judge also directed that appellants shall also be entitled to compulsory acquisition charges at the rate of 15% per annum apart from interest at the rate of 6% per annum on the total enhanced amount from the date of compensation till the date of payment. Still dissatisfied, the appellants have filed this appeal. When the appeal was originally filed, the appellants had claimed compensation at the rate of Rs.4,000.00 per bigha. However, by an application seeking amendment of the memorandum of appeal, the claim has now been enhanced to Rs.10,000.00 per bigha. Though notice on this application was issued, but no reply has been filed by the Union of India. We will, therefore, allow the application and treat this appeal claiming for fixing the market value of the acquired land at the rate of Rs.10,000.00 subject to payment of court fee as hereinafter directed.