VIRENDER SOOD Vs. UOI AND ORS.

JUDGEMENT

(1.) By this common judgment, I proceed to dispose of the aforesaid two appeals under section 54 of the Land Acquisition Act ('Act') - one preferred by the claimant/land owner (herein after referred to as the Appellant), i.e. LA Appeal No. 913/2008, and the other-being LA Appeal No. 35/2009, preferred by Union of India (herein after referred to as the Respondent) to assail the same judgment rendered by the learned ADJ in LAC No. 1171/2005 under section 18 of the Act.

(2.) By the impugned judgment, the learned ADJ has held the appellant land owner entitled to enhancement of compensation @ Rs. 24,009/- per sq. mtr., solatium @ 30%, and additional amount of 12% p.a. of market value as per section 23 (1A) of the Act from the date of notification under section 4 of the Act till the date of dispossession, or award, whichever is earlier. The appellant has also been held entitled to interest on enhanced compensation @ 9% p.a. from the date of award, or dispossession, whichever is earlier till expiry of one year and, thereafter, @ 15% p.a. till payment as per section 28 of the Act. Interest on solatium and additional amount has also been awarded as per the directions of the Supreme Court in Sunder v. Union of India, 93 (2001) DLT 569.

(3.) The appellants land in question, measuring 557.61 sq. mtr. situated in Khasra No. 2359 min in the revenue estate of Basai Darapur known as Mansarover Garden, New Delhi was notified under section 4 of the Act vide notification dated 01.04.2004. The notification under section 6 of the Act was issued on 10.11.2004. The Land Acquisition Collector (LAC) passed the award on 07.04.2005. The said award pertained only to the aforesaid land of the appellant. The LAC assessed the compensation @ 13,491/- per sq. mtr. for land and Rs. 2,000/- per large tree; Rs. 1,000/- per small tree, and; Rs. 5,000/- for bore well. In addition, solatium @ 30% and additional amount @ 12% p.a. under section 23 (1A) of the Act was also assessed and awarded.