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Hari Chand Vs. Union of India

Hari Chand vs Union of India

Type Court Judgment Court Delhi Decided Aug 05, 1991
~2 min read
https://sooperkanoon.com/case/698224

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Regular First Appeal No. 279 of 1980
Subject
Property

Case Summary

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

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

Parties & Advocates

Appellant / Petitioner

Hari Chand

Advocate R.B. Tahilramani and; Sashi Kiran, Advs

Respondent

Union of India

Legal References

Acts
Land Acquisition Act, 1894 - Sections 4
Cases Referred
(Jagmal & Another v. Union of India Etc.
Reported In
45(1991)DLT61

Excerpt

- sunanda bhandare, j.(1) this appeal is directed against the judgment and order of the additional district judge, delhi dated 13.5.1980 whereby the market value of the land of the claimants in village ali was fixed at rs. 5000.00 per bigha for block a. (2) after the reference was decided in the present case by the additional district judge, this court in rfa 383/1976 (jagmal & another v. union of india etc.) decided on 9.1.1985 has fixed the market value of the land in village ali at rs. 17,000.00 . the notification under section 4 of the land acquisition act in that case was dated 12.6.1969. (3) in the present case, the notifications under sections 4, 6 and 17 of the land acquisition act were issued on the same date i.e. on 27.7.1973. since this court has fixed the market value of the land in village ali at rs. 17,000.00 per bigha in respect of the notification issued in the year 1969, the appellants herein are entitled to get compensation(c) rs. 21,000.00 per bigha taking into consideration the lapse of 4 years between the notification issued in rfa 383 of 1976 and the present appeal. the market value of the appellant's land is fixed at rs. 21.000.00 per bigha. (4) in addition to the market value the appellants will be entitled to solarium @ 15% on the market value and interest @ 6% per annum on the enhanced compensation from the date of dispossession till payment. the appellants will also be entitled to costs. cm 922/91 (5) allowed, the appellants will file the amended grounds of appeal and additional court fee within three weeks from today. the registry will prepare the decree thereafter.

Full Judgment

Sunanda Bhandare, J.

(1) This appeal is directed against the judgment and order of the Additional District Judge, Delhi dated 13.5.1980 whereby the market value of the land of the claimants in village Ali was fixed at Rs. 5000.00 per bigha for Block A.

(2) After the reference was decided in the present case by the Additional District Judge, this Court in Rfa 383/1976 (Jagmal & Another v. Union of India Etc.) decided on 9.1.1985 has fixed the market value of the land in Village Ali at Rs. 17,000.00 . The notification under Section 4 of the Land Acquisition Act in that case was dated 12.6.1969.

(3) In the present case, the notifications under Sections 4, 6 and 17 of the Land Acquisition Act were issued on the same date i.e. on 27.7.1973. Since this Court has fixed the market value of the land in Village Ali at Rs. 17,000.00 per bigha in respect of the notification issued in the year 1969, the appellants herein are entitled to get compensation(c) Rs. 21,000.00 per bigha taking into consideration the lapse of 4 years between the notification issued in Rfa 383 of 1976 and the present appeal. The market value of the appellant's land is fixed at Rs. 21.000.00 per bigha.

(4) In addition to the market value the appellants will be entitled to solarium @ 15% on the market value and interest @ 6% per annum on the enhanced compensation from the date of dispossession till payment. The appellants will also be entitled to costs. Cm 922/91

(5) Allowed, The appellants will file the amended grounds of appeal and additional Court fee within three weeks from today. The Registry will prepare the decree thereafter.

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