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Delhi High CourtIndian Cases

Smt. Rishalo (Deceased) vs Union Of India (Uoi) And Anr. on 4 May 2004

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Delhi High Court
Smt. Rishalo (Deceased) vs Union Of India (Uoi) And Anr. on 4 May, 2004
Equivalent citations: 111(2004)DLT533, 2004(75)DRJ103
Author: Dalveer Bhandari
Bench: Dalveer Bhandari, R.C. Jain
JUDGMENT

Dalveer Bhandari, J.

1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge dated 10.9.2002 in LAC No. 1273/96. Brief facts which are necessary to dispose of this appeal are recapitulated as under:

2. The appellant’s land measuring 3 bighas 18 biswas situated in the revenue estate of village Bharthal was acquired vide notification dated 20.6.86 for public purpose of an approach road for the Bijwasan Oil Terminal for Bharat Petroleum. The Land Acquisition Collector while Award No. 5/88-89 awarded Rs.11,000/- per bigha for the acquired land. The learned Additional District Judge upheld the order of the Land Acquisition Collector and dismissed the appeal filed by the appellant. The appellant aggrieved by that order has preferred this appeal under Section 54 of the Land Acquisition Act 1894 before this Court.

3. Mr. S. S. Dalal, learned counsel for the Union of India submits that there is no infirmity in the impugned order and the appeal deserve to be dismissed.

4. We have heard learned counsel for the parties at length. The main submission of learned counsel for the appellant is that for the land of the same village Bharthal which was acquired vide notification dated 27.1.1984, this Court awarded compensation @ Rs.47,224/- per bigha. Learned counsel for the appellant submits that the appellant is also entitled to at least that amount of compensation along with the increased reasonable rate for a period of two and a half years. Mr. S. S. Dalal, learned counsel for the UOI/respondent submits that the appellant in any event cannot be given compensation more than what has been awarded by an Award No. 50/81-82 in which the claimant was given compensation @Rs.21,000/- per bigha for the land acquired under Notification dated 6.11.1980.

5. We have carefully considered the submission advanced by the learned counsel for the parties. The land of the same village Bharthal which was acquired in 1986 has to be governed by the notification which is proximate in time. According to that notification of 27.1.1984 the rate fixed was Rs. 47,224/- per bigha. There is no justification in denying the appellant compensation which was awarded for the land acquired of the same village on 7.1.1984. The land which was acquired after two and a half years cannot be acquired at a lower price than what was granted in 1984.

6. On a consideration of the totality, facts and circumstances of the case, we deem it appropriate that the appellant be given compensation @ Rs. 47,224/- per bigha. The appellant shall also be entitled to enhancement @ Rs. 12% p.a. for a period of two years over and above the amount of compensation @ Rs.47,224/-. In this case the total claim which the appellant has restricted is Rs.50,000/- per bigha and court fees has been paid on that amount. Therefore, in our considered opinion ends of justice would be met if the appellant is given compensation @ Rs.50,000/- per bigha along with other statutory benefits.

7. The appeal is accordingly disposed of. The appellant would also be entitled to proportionate costs.