SRI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of an order passed by the Additional District Judge, Delhi in a reference under Section 18 of the Land Acquisition Act, 1894 enhancing the compensation payable to the land owners for the land acquired in village Jharoda Kalan from Rs.3750/- per bigha to Rs.7640/- per bigha for category-A land. The appellants/owners have appealed to this court for further enhancement.

(2.) Pursuant to a preliminary notification issued under Section 4 read with Section 6 and 17 of the Land Acquisition Act dated 26th June, 1980, the Collector, Land Acquisition made Award No. 10/1981-82 dated 6th August, 1981determining the compensation payable to the land owners @ Rs.3750/- per bigha for Category A land, Rs.3200/- per bigha for Category B land and Rs.1800/- per bigha for Category C land. Dissatisfied with the said amount, the owners sought references to the Civil Court one of which was disposed of by the said court in terms of the impugned judgment dated 7th November, 2001 by which the amount of compensation payable to the land owners was enhanced to Rs.7640/- per bigha irrespective of the classification of land. The present appeal seeks enhancement of the said amount to Rs.10,000/- per bigha.

(3.) Appearing for the appellants, Mr. Dahiya proxy for Mr. J.D.S. Choudhary, counsel for the appellant submitted that the question that falls for our consideration in this appeal stands answered by the judgment of this court in Jia Ram and Ors. V/s Union of India 99 (2002) DLT 392 which also related to determination of compensation for land acquired under the very same notification and situate in the same village. He submitted that this court had, in the said case, enhanced the compensation payable to the land owners to Rs.9,500/- per bigha with proportionate statutory benefits except additional compensation payable in terms of Section 23(1A) of the Act. He fairly conceded that in view of the decision of the Supreme Court in K. S. Paripoornan v. State of Kerala AIR 1995 SC 1012, the appellants would not be entitled to claim additional compensation under of Section 23(1A) as the award in their favour was made on 6th August, 1981, i.e. prior to 30th April, 1982, the date fixed by the said decision for the grant of benefit of additional compensation in terms of Section 23(1A). In so far as the solatium @ 30% on the enhanced compensation and interest @ 9% per annum for a period of one year from the date of the Collector taking possession and @ 15% thereafter till the date of payment is concerned, the said amount would be payable to the appellants. Interest on the enhanced amount of compensation and solatium would also be payable to the appellants in terms of the decision of the Supreme Court in Sunder v. Union of India 93 (2001) DLT 569.