UNION OF INDIA Vs. MOHAR SINGH

JUDGEMENT

(1.) The Union of India have aggrieved from the award and judgment passed by the learned Additional District Judge, Delhi on 24th September, 2005. He enhanced the compensation payable to the land owner/claimants @ 13,000/- per bigha and also granted them solatium @ 13% of market value and 12% amount from the date of publication of the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act) till the date of award/taking of possession under Section 23(1-A), whichever is earlier and also granted interest @ 9% for the first year and @ 15% p.a thereafter till enhanced compensation is paid.

(2.) All other respondents except respondents no. 9 and 10(c) had failed to appear despite service resultantly they were ordered to be proceeded against ex- parte in the present appeal and fresh notice to the said two unserved respondents was directed to be issued vide order dated 30th March, 2006. Thereafter, even respondents no. 9 and 10(c) had also been served and nobody appeared on their behalf despite service as such they were also ordered to be proceeded against ex-parte vide order dated 4th April, 2006.

(3.) The appropriate Government had issued a notification under Section 4 of the Land Acquisition Act acquired land in the revenue estate of village Bagrola on 12th December, 1972. In furtherance to this notification, declaration under Section 6 was issued on 15th October, 1973. The land is stated to have been acquired for a public purpose namely 'Development of Palam Airport'. The Land Acquisition Collector is stated to have made an award being Award No. 53/1978-79 on 31st March, 1979 under Section 11 of the Act. After following the due process of law, the Collector awarded a sum of Rs.4,000/- per bigha for the land acquired in Block A and Rs.3,000/- per bigha for the land acquired in Block B. In addition thereto, the Collector had also awarded statutory benefits to the claimants. Being dissatisfied from the compensation awarded, the land owners preferred reference under Section 18 of the Land Acquisition Act for enhancement of the compensation which was referred to the Court of the Learned Additional District Judge, Delhi. The learned Additional District Judge decided the Reference Petition and enhanced the compensation @ 13,000/- per bigha uniformly relying upon the judgment of Shri Kartar Singh and Ors. vs. Union of India in LAC No. 213/85 decided on 28th May, 1999. The land owners had claimed compensation of Rs.20,000/- per bigha as according to them that was the fair market value of the land at the time of the acquisition. The learned Reference Court had framed the following two issues vide its order dated 19th May, 2005: