RATI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was the bhumidar of agricultural land situated in the Revenue Estate of Village Rawta, New Delhi which was acquired for increasing the capacity of Najafgarh drain. The notification under Sections 4 and 6 of the Land Acquisition Act, 1894 ('the said Act' for short) was issued on 13.01.1981 and the land acquisition collector determined the compensation payable at the rate of Rs 2,000 per bigha vide award no 24/1983.84 dated 23.07.1983. The appellant being aggrieved by the quantum of the award preferred a Reference under Section 18 of the said Act. On such reference being made, the learned Additional District Judge in terms of the judgment dated 12.08.1987 held the appellant entitled to compensation at the rate of Rs 3,500/- per bigha apart from solatium at the rate of 30 per cent, additional amount of 12 per cent per annum on the market value from the date of notification to the the announcement of the award or date of taking possession whichever is earlier, interest at the rate of 9 per cent per annum for a period of one year from date of taking possession and thereafter at the rate of fifteen per cent per annum till payment on the excess amount.

(2.) The appellant was still aggrieved and preferred the present appeal seeking compensation at Rs 8,000/- per bigha. It is stated in the appeal that though the land is of the value of Rs 12,000/- per bigha, the appellant was unable to pay the court fees and thus restricted his claim.

(3.) The appeal came to be finally decided only by the judgment dated 30.08.2001. The said order notices that in RFA No.418/1988 Pirthi and Ors v. Union of India decided on 02.08.2001, the court had determined the fair market value for similar land acquired through the notification dated 13.01.1981 at Rs 10,500/-. The appeal was thus allowed with proportionate costs directing that the appellant would be entitled to compensation at Rs 8,000 per bigha since that was the claim made in the appeal. The appellant was further held entitled to solatium and interest on the enhanced amount as per the award of the Reference Court. The decree sheet was prepared accordingly.