Shri Mauji Vs. Uoi

Shri Mauji vs Uoi

Type Court Judgment Court Delhi Decided Jan 18, 2001

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Citation: sooperkanoon.com/683856
Court: Delhi High Court
Judge: Mr. B.A. Khan and; Mr. M.S.A. Siddiqui, Advs.
Decided On: Jan 18, 2001
Case Number: LPA 214/80
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

The case dealt with permissibility in enhancement of compensation under Section 23(1-A) of the Land Acquisition Act, 1894 - Similar rates was granted to similarly situated claimants but the land was acquired under Section 4 notification dated 20.06.1966 - The compensation was enhanced to Rs. 7,000/- per bhiga and le...

Key legal issue: Property
Acts & sections: Land Acquisition Act, 1894 - Sections 4 and 23(1-A)

Parties & Advocates

Appellant / Petitioner

Shri Mauji

Advocate Mr. V.P. Singh, Sr. Adv. and; Mr. N.S. Vashisht, Adv

Respondent

Uoi

Legal References

Acts: Land Acquisition Act, 1894 - Sections 4 and 23(1-A)
Reported In: 2001IIIAD(Delhi)176; 90(2001)DLT184

Excerpt

the case dealt with permissibility in enhancement of compensation under section 23(1-a) of the land acquisition act, 1894 - similar rates was granted to similarly situated claimants but the land was acquired under section 4 notification dated 20.06.1966 - the compensation was enhanced to rs. 7,000/- per bhiga and letters patent appeal was for enhancement to rs. 10,000/- per bhiga - according to the escalation in the land prices, the appellant asked for rs. 10,000/- whereas to the escalation of 12% per annum it came to rs. 13, 500/- - it was ruled that enhancement of compensation of rs. 10, 000/- was justified and the appeal was allowed, with solarium 15% and interest of 6% from the date of dispossession to the date of payment awarded - .....acquisition matters under section 4 notification dated 20.10.1961 and as such appellant also deserved to be awarded more. he submitted that this court had consistently granted 12% p.a. escalation in a number of judgments including prakash chand kashyap v. uoi air 1968 delhi 316, rameshwar solanki and another v. u.o.i. 1995 dlt 410 and tindey vs . uoi : 2000(54)drj384 which had also received a statutory recognition by now vide section 23(1-a) of land acquisition act and thereforee there should be no difficulty in awarding rs.10,000/- p.b. to appellant. 3. there is no dispute on factual position. it is a matter of record that this court had awarded rs.8000/- per bigha for land acquired in asalatpur village pursuant to section 4 notification dated 20.10.1961. appellant's land in this village was acquired under section 4 notification dated 20.6.1966. thereforee going by the escalation in land prices during the relevant period from 1961-66, he was liable to be awarded more. if one were to go by the 12% p.a. escalation adopted by this court in judgments cited by his counsel, the market value of the acquired land would come to rs.13,500/- p.b. but since it was not possible to lay down any cut and dry formula at this stage to provide for an yearly escalation rate and as appellant had only asked for rs.10,000/- p.b. it appears to us just and fair to award him that much of compensation. this appeal is accordingly allowed. appellant is granted rs.10,000/- per bigha with 15% solarium and 6% interest from date of dispossession to that of payment. respondent is directed to satisfy the remaining award within 6 months from receipt of this order.

Full Judgment

ORDER

Khan, (J)

1. Appellant's land in Asalatpur Khadar village was acquired pursuant to Section 4 Notification dated 20.6.1966. Collector categorised the land of this village in two blocks and awarded Rs.3,000/- per bigha for block-A and Rs.2500/- p.b for block-B. Reference court enhanced it to Rs.1100/- p.b. in block-A and Rs.1600/- p.b in block-B. Appellant filed RFA 89/1976 for further enhancement and first Appellate court relying upon the reasoning given in RFA 59/71 (Chunni Lal and another v. UOI) awarded him Rs.7000/- p.b. He has filed this LPA and demands Rs.10,000/- p.b.

2. Learned Counsel for appellant Mr. Singh pointed out that a DB of this court had already enhanced the compensation to Rs.8000/- p.b. by judgment dated 20.6.1993 in RFA 224/1968 while dealing with acquisition matters under Section 4 Notification dated 20.10.1961 and as such appellant also deserved to be awarded more. He submitted that this court had consistently granted 12% p.a. escalation in a number of judgments including Prakash Chand Kashyap v. UOI AIR 1968 Delhi 316, Rameshwar Solanki and another v. U.O.I. 1995 DLT 410 and Tindey Vs . UOI : 2000(54)DRJ384 which had also received a statutory recognition by now vide Section 23(1-A) of Land Acquisition Act and thereforee there should be no difficulty in awarding Rs.10,000/- p.b. to appellant.

3. There is no dispute on factual position. It is a matter of record that this court had awarded Rs.8000/- per bigha for land acquired in Asalatpur village pursuant to Section 4 Notification dated 20.10.1961. Appellant's land in this village was acquired under Section 4 Notification dated 20.6.1966. thereforee going by the escalation in land prices during the relevant period from 1961-66, he was liable to be awarded more. If one were to go by the 12% p.a. escalation adopted by this court in judgments cited by his counsel, the market value of the acquired land would come to Rs.13,500/- p.b. But since it was not possible to lay down any cut and dry formula at this stage to provide for an yearly escalation rate and as appellant had only asked for Rs.10,000/- p.b. it appears to us just and fair to award him that much of compensation. This appeal is accordingly allowed. Appellant is granted Rs.10,000/- per bigha with 15% solarium and 6% interest from date of dispossession to that of payment. Respondent is directed to satisfy the remaining award within 6 months from receipt of this order.

Same Court & Year Delhi · 2001 Same Parties Shri Mauji vs Uoi Same Subject Property Same Judge Mr. B.A. Khan and; Mr. M.S.A. Siddiqui, Advs. Acts & Sections Land Acquisition Act, 1894 - Sections 4 and 23(1-A)

Property