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1992 DIGILAW 292 (DEL)

UNION OF INDIA v. KURE ETC

1992-05-20

D.P.WADHWA, R.L.GUPTA

body1992
R. L. Gupta, J. ( 1 ) THIS appeal has been filed by Union of India againstthe judgment and decree dated 31. 05. 1976 by which the learned Additional Districtjudge enhanced compensation payable to the respondents in respect of theirlands situated within the revenue estate of village Ali, Union territory of Delhi. As a result of the enhancement he fixed the market value of the land in Blocki at Rs, 7,000. 00 per bigha, in block II at Rs. 5300. 00 per bigha and in block IIIat Rs. 1800. 00 per bigha at the time of the notification under Section 4 of theland Acquisition Act (Act for short ). This was done by him on a referenceunder Section 18 of the Act from the Collector. The appellant desires reversalof the impugned judgment and decree and maintenance of the compensationawarded by the Collector. There are cross-objections filed by the respondentsvide CM No. 940/91 claiming enhancement of compensation at the rate ofrs. 17,000. 00 per bigha over and above the same fixed by the trial Court. ( 2 ) WE have heard learned Counsel for the parties. In RFAs No. 383/76 decided on 9. 1. 85 and 413/77 decided on 9. 12. 91 by two different Divisionbenches of this Court, the amount of compensation in respect of the lands ofthis village covered by the same award No. 45 of 1969-70 has been enhancedto Rs. 17,000. 00 per bigha by giving a go by to the division of the land in variousblocks. In view of these decisions, we need not set out the detailed facts ofthis appeal and discuss other merits. Therefore, following our decision in theaforesaid appeals, we dismiss the appeal of the Union of India but allow thecross-objections and enhance the amount of compensation payable to therespondents at the rate of Rs. 17,000. 00 per bigha uniformly in all the blocks. The respondents shall also be entitled to solatium at the rate of 15% of thesaid value of the land so fixed and interest at the rate of 6/o per annum fromthe date of their dispossession till the date of payment. The interest and solatium shall be payable only on the enhanced amount of compensation as awarded by us along with costs limited to Court fee only.