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1997 DIGILAW 528 (DEL)

THAKUR DASS v. UNION OF INDIA

1997-07-09

ARUN B.SAHARYA, J.B.GOEL

body1997
ARUN B. SAHARYA ( 1 ) THIS is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") against award and decree 17. 4. 1980 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 Bharola, Delhi. ( 2 ) THE piece of land in question was acquired by notification under Section 4 of the Act dated 13. 11. 1959. Declaration under Section 6 of the Act was issued on 12. 7. 1966 and Award was made bythe Land Acquisition Collector on 6. 11. 1968. ( 3 ) THE question of market value of tend acquired by the very same notification in respect of the same village was the subject-matter of RFA No. 16/86 :sahibzada Nassiruddin Ahmad Vs. Union of India, which was decided by a Division Bench of this Court on 11. 10. 1974. In that case the market value was assessed @ Rs. 9,000. 00 perbigha. ( 4 ) ACCORDINGLY, we hold that market value of the land of the appellants in the present case also should be determined @ Rs. 9,000. 00 per bigha. ( 5 ) IN addition to the market value of the land, the appellants/claimants shall be entitled to payment of solatium @ 15% of the aforesaid market value, in consideration of the compulsory nature of the acquisition under Section 23 (2) of the Act. The appellants/claimants shad also be entitled to interest @ 6% per annum from the date of dispossession till the date of payment of enhanced amount of compensation in terms of Section 28 of the Act. ( 6 ) AS there is a difference of more than three years between the notification under Section 4 (13. 11. 59) and Declaration under Section 6 (12. 7. 66) of the Act, the appellants shall also be entitled to interest @ 6% per annum on the market value of the land for the period 14. 11. 1962 to the date of tender of payment of compensation awarded by the Collector under Section 4 (3) of the Land Acquisition (Amendment and Validation)) Act, 1967. ( 7 ) THE appellants/claimants shall also be entitled to proportionate cost. ( 8 ) THE appeal is accordingly allowed.