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1 - 10 of 28 (0.74 seconds)Raj Bala vs Union Of India (Uoi) And Ors. on 22 July, 2003
25 The Ld. Counsel for the petitioners herein has relied upon
the same arguments which were addressed by the counsel for the
petitioners in the case of Raj Bal Vs UOI on the aspect if this
reference court does not consider the sale deeds proved by the
petitioners in their evidence, however not admitted by the
counsel for the petitioners, for fixing the market value of the
acquired land and the reference court agrees with the rate fixed
by the LAC as per the indicative price fixed by the Govt. of NCT of
Delhi then the petitioners are entitled to increase @ 11.5% per
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annum on the compensation amount assessed by the LAC from
09.08.2001 i.e. the date of indicative price fixed by the Govt. for
agricultural land to 18.07.2003 i.e. the date of notification u/s 4
of the LA Act. In this context, the counsel for petitioners have
relied upon the aforesaid judgment dt. 11.05.2006 passed by the
Hon'ble High Court of Delhi in LA Appl. No.866/2005 along with
other LA Appl nos.
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Sh. Mahender Singh vs Union Of India (Uoi) And Ors. on 11 May, 2006
26 Since, the Hon'ble High Court of Delhi in the aforesaid
cases i.e. Mahender Singh & Gajraj Singh (Supra) has given
compounded increase @ 11.5% annually on the compensation
awarded, therefore, my decision is also supported with the
aforesaid judgments of the Hon'ble High Court of Delhi and also
the award/ judgment dt. 14.07.2008 passed by this reference in
LAC No.226/1/07 entitled Raj Bal Vs UOI & Anr. Thus, I hold that
the petitioners herein are entitled to compounded increase @
11.5% annually on the compensation amount of Rs.15.70 lacs per
acre fixed by this reference court of the land in question as per
their shares from the date i.e. 09.08.2001 till the date of
acquisition of the land i.e. 18.07.2003 which roughly comes to the
total enhanced compensation of Rs.19,20,568/ per acre (i.e. total
amount fixed at Rs.19,20,568/ per acre - Rs.15,70,000/ per acre
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assessed by the LAC = Rs.3,50,568/ per acre enhanced) as on
18.07.2003. The petitioners have not led any evidence for other
claims as averred in the reference petition, therefore, they are
not entitled for the same. These issues are answered
accordingly.
Chet Ram Vashisht And Ors. vs Union Of India on 7 August, 1990
In the reported judgment dt. 19.04.1991 titled as Chet Ram & Ors.
Vs UOI 44 (1991) DLT 378 (DB), it was held by the Hon'ble High
Court that:
Rameshwar Solanki vs Union Of India on 3 February, 1995
Even in the cases of A. Mangla Gauri
and Rameshwar Solanki (Supra) relied upon by the claimants,
1/3 deduction was held to be just and fair. Ex.P3 in our opinion
could not have been ignored by the Ld. Reference Court. Golden
Rule of Averages could have been safely applied by the Reference
Court for determining the fair market value of the land. Ex.R4
indicates the value of the agricultural land in village Mundaka @
Rs.1 lakh per bigha. This sale deed was executed on 14.03.1994
i.e. nearly 6 months subsequent to the date of notification dt.
15.10.1993 issued under section 4 of the Act while Ex.P3 was
executed on 27.02.1990 whereby the land in village Mundaka was
sold for Rs.1,25,000/ per bigha. Giving a reasonable increase on
27
the value reflected in Ex.P3 for the intervening period of 3 years,
the amount would come to nearly Rs.1,70,000/ per bigha while
reducing the amount of R4 at the same rate for the intervening
period of 6 months, the amount would come to Rs.94,000/ per
bigha and average of both of them would give market value of
Rs.1,32,000/ per bigha.''
Kehar Singh And Ors. vs Punjab State Through Land Acquisition ... on 11 April, 1991
(b) The claimants would be entitled to increase in the
awarded amount of comepnsation from 1st April, 1996 to 15th
November, 1996 (the date of notification under section 4
under the Act) @ 11.5% compounded annually on the
compensation awarded by the Reference Court/ Collector
that would roughly give them total enhanced compensation
of Rs.1,99,904.68 p. Per bigha.....''
In the reported judgment in LPA No.279 of 1984 as Kehar Singh &
Ors. Vs Punjab State through Land Acquisition Collector, Punjab,
PWDB & R, Jullundur & Ors 148 the Punjab Law Reporter (Vol.
CI19921), it was held by the Hon'ble Punjab & Haryana High
Court that :
Ludhiana Improvement Trust vs Brijeshwar Singh Chhal & Anr. Etc on 19 March, 1996
In the
judgment dt.19.03.1996 reported as Ludhiana Improvement
Trust Vs Brijeshwar Singh Chhal & Anr. (1996) 9 SCC 188, it was
held by the Hon'ble Supreme Court that :
Smt. Indira Sohan Lal (Dead) By Lrs vs Union Of India on 25 October, 1996
In terms of the judgments of the High Court
and as approved by the Supreme Court in Om
Prakash's case (Supra) and by the High Court in Jai
Lal's case, the claimants would certainly be entitled to
higher compensation than the one awarded by the
reference court.''
Pohla Singh @ Pohla Ram (D)By Lrs. & Ors vs State Of Punjab & Ors on 5 May, 2004
In the reported judgment dt. 25.07.1995 titled as Topandas
Kundanmal, since deceased thereafter by his heirs and LRs &
Ors. Vs State through the Land Acquisition Officer, Jamnagar &
Ors. (1995) 5 SCC 336, it was held by the Hon'ble Supreme Court
that :