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1 - 10 of 19 (0.58 seconds)Shri Sunder Lal & Ors vs Union Of India & Ors on 3 September, 1998
The
counsel for the petitioners has relied upon the photocopy of the
judgment dt. 29.08.2006 passed by this reference court in LAC
No.283/1/06 titled Prabhu & Ors. Vs UOI which is MarkA and
photocopy of the judgment dt. 28.04.2007 passed by this reference
court in LAC No.366/1/06 titled Sunder & Ors. Vs UOI which is MarkB.
In MarkA & B, the land situate at village Masoodpur, Delhi was
acquired vide the same notification u/sec. 4 of the LA Act as in the
present reference. This reference court, in MarkA & B, fixed the market
value as on the date of notification dt. 23.01.1965 u/sec. 4 of the LA Act
at Rs.18,000/ per bigha and Rs.20,000/ per bigha respectively besides
the statutory benefits. The petitioners herein have claimed the
compensation @ Rs.15/ per sq. yard as on 23.01.1965, therefore, my
decision is again supported with the aforesaid judgments and the
market value of the land in question is fixed @ Rs.15/ per sq. yard
(Rs.15,000/ per bigha) as on 23.01.1965. Thus, the petitioners are
entitled for enhancement in compensation of the land in question
according to their shares. The petitioners have not led any evidence in
8
respect of the compensation for trees and structure, therefore, they are
not entitled for the said relief.
Section 28 in The Land Acquisition Act, 1894 [Entire Act]
Prabhu Dayal And Others vs Union Of India on 20 April, 1993
The
counsel for the petitioners has relied upon the photocopy of the
judgment dt. 29.08.2006 passed by this reference court in LAC
No.283/1/06 titled Prabhu & Ors. Vs UOI which is MarkA and
photocopy of the judgment dt. 28.04.2007 passed by this reference
court in LAC No.366/1/06 titled Sunder & Ors. Vs UOI which is MarkB.
In MarkA & B, the land situate at village Masoodpur, Delhi was
acquired vide the same notification u/sec. 4 of the LA Act as in the
present reference. This reference court, in MarkA & B, fixed the market
value as on the date of notification dt. 23.01.1965 u/sec. 4 of the LA Act
at Rs.18,000/ per bigha and Rs.20,000/ per bigha respectively besides
the statutory benefits. The petitioners herein have claimed the
compensation @ Rs.15/ per sq. yard as on 23.01.1965, therefore, my
decision is again supported with the aforesaid judgments and the
market value of the land in question is fixed @ Rs.15/ per sq. yard
(Rs.15,000/ per bigha) as on 23.01.1965. Thus, the petitioners are
entitled for enhancement in compensation of the land in question
according to their shares. The petitioners have not led any evidence in
8
respect of the compensation for trees and structure, therefore, they are
not entitled for the said relief.
Union Of India And Others vs Rajiv Yadav, Ias And Others, Anil Kumar, ... on 21 July, 1994
''In view of what we have discussed hereinabove, we hold that the
principle laid down in the case of Union of India Vs Rajiv Gupta
(Supra) for payment of interest during the period the proceedings
remained stayed at the instance of the claimant with the statement
that he shall not claim interest during the period of stay, interest is
required to be granted is not in consonance with law. This court is
of the opinion that when a claimant requested the Court to stay the
proceedings with the statement that the party shall not claim any
interest during the period of stay, the party cannot claim any interest
for such period.''
12 In the present reference, it reveals from the order dt. 06.12.1982
passed by the then Ld. ADJ, Delhi that no specific statement was made
by any of the petitioners that the petitioners shall not claim any interest
during the period of stay. The facts and circumstances of the present
case are squarely covered by the aforesaid judgment of the Hon'ble
High Court of Delhi. Thus, in view of the said judgment of the Hon'ble
High Court of Delhi, I hold that petitioners are also entitled to the
interest for the stay period on the enhanced compensation. These
issues are answered accordingly.
Shyam Sunder Agarwal & Co vs Union Of India on 9 January, 1996
RELIEF
10
13 In view of my findings on the above issues, the market value of
the land in question is fixed at Rs.15/ per sq. yard (Rs.15,000/ per
bigha) and the petitioners are entitled to enhancement in
compensation as per their shares mentioned in the statement U/s 19 of
the LA Act. Besides it, the petitioners shall also be entitled to get
solatium U/s 23 (2) of the LA Act @ 30% on the enhanced amount of
compensation and interest U/s 28 of the LA Act @ 9% per annum for the
first year from the date of dispossession and @ 15% per annum on the
difference between the enhanced compensation awarded by this court
and the compensation awarded by the LAC for the subsequent period
till the payment. Since, there is difference of more than three years
between the notification U/sec. 4 dated 23.01.1965 and declaration
U/sec. 6 of the Act dated 26.12.1968, the petitioners are further entitled
to get interest @ 6% p.a, on the market value w.e.f 23.01.1968 in terms of
Section 4 (3) of the Land Acquisition (Amendment & Validation) Act,
1967 provided there is no overlapping in the payment of interest U/sec.
4(3) and Section 28 of the Act. The petitioners are further entitled to
interest on solatium and additional amount in terms of judgment of
Hon'ble Supreme Court reported as Sunder Vs UOI reported in DLT
2001 (SC) 569. This reference is answered accordingly.