UNION OF INDIA Vs. PRITAM & ANOTHER

JUDGEMENT

(1.) Cm.No. 38825/18 (Condonation of delay)

(2.) The appellant i.e. the Union of India vide the present appeal L.A.APP 194/2018 assails the judgment and decree dated 24.04.2018 of the learned Additional District Judge-01, Rohini Courts, Delhi in LAC No.788/16 qua award No.11/2002-03 whereby the reference under Section 18 of the Land Acquisition Act, 1894 filed by the respondent no.1 herein seeking enhancement of compensation of the acquired land mentioned in reference under Section 18A of the Land Acquisition Act, 1894, situated in the revenue estate of village Khera Kalan, Delhi measuring 1178 Bigha 7 Biswa at Khera Kalan which was acquired by the Government for public purposes namely "Rohini Residential Scheme" Phase IV & V with the petitioner being the coowner/co-bhumidar of 1/42th share in the land bearing in Khasra No.73/7, 8, 9, 12, 13, 75/7, total area measuring 29 bigha 05 biswas in Village Khera Kalan, situated within the Revenue Estate of Village Khera Kalan, Delhi with the notification under Section 4 of the Land Acquisition Act, 1894 having been issued on 27.10.1999 No. F.10(29)/96/L&B/LA/11394 and the declaration under Section 6 of the Land Acquisition Act, 1894 bearing No.F.10(29)/96/L&B/LA/20 having been made on 03.04.2000 with the award having been announced on 30.05.2002, whereby the Land Acquisition Collector determined the market price of the acquired land at Rs.12.16 lakhs per acre, was allowed and the respondent no.1 herein was held entitled to the reliefs of market value of the land at Rs.12,96,455.89/- per acre in terms of Section 19 of the Land Acquisition Act, 1894 apart from the additional amount under Section 23(1A) at the rate of 12% per annum of the market value from the date of notification under Section 4 of the Land Acquisition Act, 1894 till date of award or dispossession whichever was earlier and solatium under Section 23(2) of the Land Acquisition Act, 1894 at the rate of 30% on the enhanced amount of compensation with interest under Section 28 of the said enactment at the rate of 9% per annum for the first year and 15% for the subsequent year till the making of payment of enhanced compensation awarded by the Court and by the Land Acquisition Collector.

(3.) The learned Reference Court based its finding on its own verdict in "Shashi Aggarwal &Anr. Vs. Union of India" in LAC 111A/09 which pertains to the same village with the same notification and same award by which the land of the petitioner was acquired. The judgment in Shashi Aggarwal (Supra) is based on the findings of this Court in "Hem Chander Malik Vs. Union of India" in LAC 358/2007 decided on 26.09.2011.