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1992 DIGILAW 293 (DEL)

UNION OF INDIA v. GODHU

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 ?7. 10. 1977 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 Block Iat 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. 949/91 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 differentdivision Benches of this Court, the amount of compensation in respect ofthe lands of this village covered by the same award No. 45 of 1969-70 has beenenhanced to Rs. 17,000. 00 per bigha by giving ago by to the division of theland in various blocks. In view of these decisions, we need not set out thedetailed facts of this appeal and discuss other merits. Therefore, followingour decision in the aforesaid appeals, we dismiss the appeal of the Union ofindia but allow the cross-objections and enhance the amount of compensationpayable to the respondents at the rate of Rs. 17,000. 00 per bigha uniformly inall the blocks. The respondents shall also be entitled to solatium at the rateof 15% of the said value of the land so fixed and interest at the rate of 6%per annum from the date of their dis-possession till the date of paymentthe interest and solatium shall, be payable only on the enhanced amountof compensation as awarded by us along with costs limited to Court feeonly.