Research › Browse › Judgment

Delhi High Court · body

1994 DIGILAW 573 (DEL)

BALESHWAR v. UNION OF INDIA

1994-08-30

DEVENDER GUPTA

body1994
Devinder Gupta ( 1 ) The order dated 8. 7. 1992 passed by S. N. Kapoor, Additional District Judge, Delhi rejecting the application of the petitioner for review is under challenge in this petition under Article 227 of the Constitution of India. ( 2 ) PETITIONER s property was acquired for public purpose by virtue of notification issued under Section 4 of the Act on 23. 1. 1965. Declaration under Section 6 was made on 13. 1. 1969. Collector, Land Acquisition made his award No. 50-A/69-70 much prior to 30. 4. 1982. ( 3 ) REFERENCE was sought by the petitioner. The reference court madeitsawardon29. 10. 1987. ( 4 ) GRIEVANCE, was made by the petitioner in the application for review that benefit as are available under the Land Acquisition. (Amendment) Act, 1984 have not been given and since award was made by the District Court after 24. 9. 1984 benefits ought to have been given. ( 5 ) THE District Court dismissed the application for review on the ground that opposite party, namely, Union of India had challenged the award in RFA 85/89, This order of the District Court is under challenge. ( 6 ) THE mere fact that the opposite party had challenged the award in appeal could not be a ground for rejecting the prayer for reviewing the judgment. Had the petitioner challenged the award by way filing an appeal in this court, obviously, he would not be entitled to seek review of the award. But the fact of opposite party filing appeal cannot debar the petitioner in seeking appropriate relief. Consequently impugned order cannot be sustained and is hereby quashed. ( 7 ) SINCE the reference court made its award after 24. 9. 1984, on the ratio of judgment in Union of India and another v. Zora Singh etc. (1991 - 4 JT - SC - 538) additional amount in terms of Section 23 (1 A) of the Land Acquisition (Amendment) Act, 1984 is payable to the petitioner at the rate of 12% p. a. besides solatium at the rate of 30% on the market value. ( 8 ) CONSEQUENTLY, the petition is allowed. (1991 - 4 JT - SC - 538) additional amount in terms of Section 23 (1 A) of the Land Acquisition (Amendment) Act, 1984 is payable to the petitioner at the rate of 12% p. a. besides solatium at the rate of 30% on the market value. ( 8 ) CONSEQUENTLY, the petition is allowed. The impugned order is set aside and it is directed that in addition to the amount of compensation, petition will be entitled to additional amount in terms of Section 23 ( 1 A) of the "land Acquisition (Amendment) Act, 1984 at the rate of 15% p. a. The petitioner shall also be entitled to solatium at the rate of 30% on the market value and interest at the rate of 9% p. a. for a period of one year from taking over possession and thereafter at the rate of 15% p. a. on the enhanced amount of compensation till payment.