Union of India Vs. Lekhi

Union of India vs Lekhi

Type Court Judgment Court Delhi Decided Mar 23, 1992

~3 min read

https://sooperkanoon.com/case/696370

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/696370
Court: Delhi High Court
Judge: D.P. Wadhwa and; R.L. Gupta, JJ.
Decided On: Mar 23, 1992
Case Number: Regular First Appeal No. 335 of 1976
Subject: Property

Case Summary

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

Key legal issue: Property
Acts & sections: Land Acquisition Act, 1894 - Sections 4

Parties & Advocates

Appellant / Petitioner

Union of India

Advocate Sashi Kiran,; Om Prakash and; Shripal Singh, Advs

Respondent

Lekhi

Legal References

Acts: Land Acquisition Act, 1894 - Sections 4
Reported In: 47(1992)DLT59

Excerpt

- .....and rs. 600.00 per bigha.on a reference made under section 18 of the act the learned additional district judge enhanced the amount of compensation for all these three blocks@ rs. 7.000.00, rs. 5,300.00 and rs. 1.800.00 per bigha. this judgment is dated31.5.1976. against the said judgment the appellant union of india filed all these appeals. as noted above cross objections have been filed by the respondents seeking enhancement of the compensation to rs. 20,000.00 per big hair respective in which block the land of the respondents had been acquired.(3) we need not set out the facts of the case in any detail or otherwise discuss the merits of the appeals and cross objections in as much as these appeals are covered by two decisions of this court; one in r.f.a. no. 383/76decided on 9/01/1983 and the other in r.f.a. no. 413/77 decided on 9/12/1991. both these decisions are of different division benches of this court. the amount of compensation has been enhanced to rs. 17,000.00per bigha division of land in blocks appears to have been given .a go by.following these judgments, thereforee, we also dismiss the appeals but allow the cross objections and enhance the amount of compensation payable to the respondents @ rs. 17,000.00 per bigha. the respondents shall be entitled to solarium @ 15% per annum on the market value of the land so fixed and interest @ 6% per annum from the date on which the possession of the lands of the respondents were taken till the date of payment. the interest and solarium shall be payable only on the enhanced amount of compensation as awarded byus. respondents will be entitled to costs limited to court fee only.

Full Judgment

D.P. Wadhwa, J.

(1) All these appeals have been filed under section 54 of the Land Acquisition Act, 1894 (In short 'the Act') seeking setting aside the judgment of the learned Additional District Judge whereby ona reference made to him under Section 18 of the Act, he enhanced the amount of compensation payable to the petitioners. In all these appeals the cross objections have been filed by the respondents therein claiming enhancement of compensation.

(2) A notification under Section 4 of the Act was issued on 6/01/1969 for acquiring large chunk of land in village Aali. A declaration under Section 6 of the Act was issued on 12/06/1969. The Land Acquisition Collector gave the award on 27/02/1970 it being award No. 4545 of 1969-70. He divided the land in. three blocks A, and C and respectively awarded compensation @ Rs. 2,775.00, Rs. 1,350.00 and Rs. 600.00 per bigha.On a reference made under Section 18 of the Act the learned Additional District Judge enhanced the amount of compensation for all these three blocks@ Rs. 7.000.00, Rs. 5,300.00 and Rs. 1.800.00 per bigha. This judgment is dated31.5.1976. Against the said judgment the appellant Union of India filed all these appeals. As noted above cross objections have been filed by the respondents seeking enhancement of the compensation to Rs. 20,000.00 per big hair respective in which block the land of the respondents had been acquired.

(3) We need not set out the facts of the case in any detail or otherwise discuss the merits of the appeals and cross objections in as much as these appeals are covered by two decisions of this Court; one in R.F.A. No. 383/76decided on 9/01/1983 and the other in R.F.A. No. 413/77 decided on 9/12/1991. Both these decisions are of different Division Benches of this Court. The amount of compensation has been enhanced to Rs. 17,000.00per bigha Division of land in blocks appears to have been given .a go by.Following these judgments, thereforee, we also dismiss the appeals but allow the cross objections and enhance the amount of compensation payable to the respondents @ Rs. 17,000.00 per bigha. The respondents shall be entitled to solarium @ 15% per annum on the market value of the land so fixed and interest @ 6% per annum from the date on which the possession of the lands of the respondents were taken till the date of payment. The interest and solarium shall be payable only on the enhanced amount of compensation as awarded byus. Respondents will be entitled to costs limited to Court fee only.

Same Court & Year Delhi · 1992 Same Parties Union of India vs Lekhi Same Subject Property Same Judge D.P. Wadhwa and; R.L. Gupta, JJ. Acts & Sections Land Acquisition Act, 1894 - Sections 4

Property