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1997 DIGILAW 451 (DEL)

DIP CHAND v. UNION OF INDIA

1997-05-19

ARUN B.SAHARYA, S.N.KAPUR

body1997
ARUN B. SAHARYA ( 1 ) THIS is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "to Act") against award and decree dated 11. 11. 1986 passed by the learned Additional District Judge, Delhi, determining the amount of compensation payable to the appellants for acquisition of their land situated in Village Nilothi, Delhi. ( 2 ) THE piece of land in question was acquired by notification under Section 4 of the Act dated 30. 5. 1979. Declaration under Section 6 of the Act was also issued on 30. 5. 1979 and Award was made by the Land Acquisition Collector on 22. 7. 1982. ( 3 ) THE question of market value of the land in the same village, acquired by the very same notification, was the subject-matter of RFA No. 137/87: Rampat Ors. Vs. Union of India, which decided by a Division Bench of this Court on 25. 7. 1995. In that case, the market value was assessed @ Rs. 10,250. 00 bigha. ( 4 ) ACCORDINGLY, we hold that market value of the land of the appellants in the present case should be determined @ Rs. 10,2507. 00- per bigha. ( 5 ) IN addition to the market value, the appellants/claimants shall be entitled to payment of solatium at the rate of 30% per annum of the aforesaid market value, in consideration of the compulsory nature of the acquisition under Section 23 (2) of the Act. The appellants/claimants shall also be entitled to interest at the rate of 9% per annum from the date of dispossession till expiration of one year from that date and thereafter @ 15% per annum till the date of payment in court on the compensation in excess of the sum awarded by the Collector in terms of Section 28 of the Act. The amount already paid shall be adjusted towards the amount payable hereunder. The appellant/claimants shall also be entitled to proportionate costs. ( 6 ) THE appeal is accordingly allowed.