UNION OF INDIA Vs. KARTAR SINGH & ANR

JUDGEMENT

(1.) Cm.No. 38816/18 (Condonation of delay)

(2.) The appellant i.e. the Union of India vide the present appeal L.A.APP.192/2018 assails the judgment and decree dated 08.03.2018 of the learned Additional District Judge-01, Rohini in LAC No.903/2016 qua award No.3/2002-03 vide which the respondent no.1 arrayed to the present appeal, Mr. Kartar Singh s/o Sh. Sube Ram was on a reference made by the Land Acquisition Collector under Section 18 of the Land Acquisition Act, 1894 by Sh. Kartar Singh (the respondent no.1 herein) whose tract of land measuring 345 bigha 2 biswas of Village Khera Khurd, Delhi was acquired by the Government for Rohini Residential Scheme Phase-IV & V with the petitioner being the co-owner/co-bhumidar of the land bearing in khasra no. 100,107 and 108 23(3-04), 10(4-17), 3(4-12), 4(4-10), 5(2- 02), 6(4-16), 7(4-16), 8(4-12) total area 33 bighas and 9 biswas, having 1/2 share of village Khera Khurd, situated within the Revenue Estate of Village Khera Khurd, Delhi with the notification under Section 4 of the Land Acquisition Act, 1894 dated 27.10.1999 No.F.10(29)96/L&B/LA/11394 having been issued with the declaration under Section 6 of the said enactment having also been issued on 03.04.2000 vide notification No.F.10(29)/96/L&B/LA/20, the Land Acquisition Collector determined the market price of the acquired land as being Rs.12.16 lakhs per acre, with which Sh. Kartar Singh was dissatisfied and thus made a petition under Section 18 of the Land Acquisition Act, 1894 whereupon vide the impugned judgment dated 08.03.2018, the learned ADJ-01, North assessed the fair market value of the land in question at being Rs.12,96,455.89/- per acre for the acquired land as per statement under Section 19 of the Land Acquisition Act, 1894, and granted a statutory additional amount at the rate of 12% per annum on the fair market value under Section 23(1A) of the Land Acquisition Act, 1894 from the date of notification under Section 4 of the said enactment till the date of the award or dispossession whichever was earlier and also granted solatium under Section 23(2) of the Land Acquisition Act, 1894 at the rate of 30% on the enhanced amount of market value.

(3.) The impugned judgment indicates that the respondent no.1 to the present appeal as petitioner before the Reference Court had whilst seeking enhancement of compensation conceded that the award be passed in terms of the judgment of this Court in "Prakash Chander Vs. Union of India" in LAC 665A/2008 and had sought that the same enhancement which was granted in the said judgment be granted to him.