Union of India Vs. Khazan Singh

Union of India vs Khazan Singh

Type Court Judgment Court Delhi Decided Apr 05, 1996

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Citation: sooperkanoon.com/700677
Court: Delhi High Court
Judge: Mahinder Narain and; J.B. Goel, JJ.
Decided On: Apr 05, 1996
Case Number: Regular First Appeal No. 285 of 1981 and Civil Miscellaneous Appeal No. 82 of 1986
Subject: Property

Case Summary

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

Land Acquisition Act 1894 - Section 23--Market value of land--Village Qasoompur--Market value of similar land in same village assessed at Rs. 15,000 p.b.--Market value for grant of compensation for the land in question also assessed at Rs. 15000/--p.b. -

Key legal issue: Property
Acts & sections: Land Acquisition Act, 1894 - Sections 23

Parties & Advocates

Appellant / Petitioner

Union of India

Advocate S.S. Sabharwal and; R.P. Jain, Advs

Respondent

Khazan Singh

Legal References

Acts: Land Acquisition Act, 1894 - Sections 23
Cases Referred: (Union of India v. Sh. Hoshiar Singh
Reported In: 1996(37)DRJ471

Excerpt

land acquisition act 1894 - section 23--market value of land--village qasoompur--market value of similar land in same village assessed at rs. 15,000 p.b.--market value for grant of compensation for the land in question also assessed at rs. 15000/--p.b. - .....hoshiar singh & ors), on 8.3.1996, we have determined the market value of the land in question at the rate of rs.15,000.00 per bigha. the appeal of the union of india is, thereforee, liable to be dismissed.(2) the respondents have also filed cross-objections, claiming enhancement in the market value from rs.3,000.00 per bigha to rs.15,000.00 per bigha.(3) the learned additional district judge in reference under section 18 of the land acquisition act, had assessed the market value of the land in village qasoompur in two categories - block 'a' at rs.5,000.00 per bigha and block 'b' at rs.3,000.00 per bigha. it appears that the land of the appellants falls in block 'b', which had been assessed at rs.3,000.00 per bigha.(4) by our judgment passed in r.f.a. 329 of 1981, referred to above, we have determined the market value of the land in question at rs.l5,000.00 per bigha, irrespective of the category of the land. as such the respondents shall also get compensation for their land at the rate of rs.15,000.00 per bigha.(5) in addition, the respondents have also claimed solarium at the rate of 30% and additional amount at the rate of 12% per annum, obviously on the basis of the land acquisition (amendment) act, 1984. as this amendment had come into force in 1984, and the present reference was decided on 27-2-1981, i.e. before the amendment came into force, the respondents are not entitled to these enhanced amounts. however, in addition, the respondents shall be entitled to solarium at 15% on the enhanced compensation. in addition the respondents shall also get interest at the rate of 6% per annum from the date of taking possession of the land till making of the payment. the respondents shall also get proportionate costs.(6) in the result, the appeal is dismissed, and the cross-objections are partly allowed.

Full Judgment

Mahinder Narain, J.

(1) This is an appeal filed by the Union of India, preferred in connection with acquisition of land in village Qasoompur. By our order passed in R.F.A. 329 of 1981 (Union of India v. Sh. Hoshiar Singh & ors), on 8.3.1996, we have determined the market value of the land in question at the rate of Rs.15,000.00 per bigha. The appeal of the Union of India is, thereforee, liable to be dismissed.

(2) The respondents have also filed cross-objections, claiming enhancement in the market value from Rs.3,000.00 per bigha to Rs.15,000.00 per bigha.

(3) The learned Additional District Judge in reference under section 18 of the Land Acquisition Act, had assessed the market value of the land in village Qasoompur in two categories - block 'A' at Rs.5,000.00 per bigha and block 'B' at Rs.3,000.00 per bigha. It appears that the land of the appellants falls in block 'B', which had been assessed at Rs.3,000.00 per bigha.

(4) By our judgment passed in R.F.A. 329 of 1981, referred to above, we have determined the market value of the land in question at Rs.l5,000.00 per bigha, irrespective of the category of the land. As such the respondents shall also get compensation for their land at the rate of Rs.15,000.00 per bigha.

(5) In addition, the respondents have also claimed solarium at the rate of 30% and additional amount at the rate of 12% per annum, obviously on the basis of the Land Acquisition (Amendment) Act, 1984. As this amendment had come into force in 1984, and the present reference was decided on 27-2-1981, i.e. before the amendment came into force, the respondents are not entitled to these enhanced amounts. However, in addition, the respondents shall be entitled to solarium at 15% on the enhanced compensation. In addition the respondents shall also get interest at the rate of 6% per annum from the date of taking possession of the land till making of the payment. The respondents shall also get proportionate costs.

(6) In the result, the appeal is dismissed, and the cross-objections are partly allowed.

Same Court & Year Delhi · 1996 Same Parties Union of India vs Khazan Singh Same Subject Property Same Judge Mahinder Narain and; J.B. Goel, JJ. Acts & Sections Land Acquisition Act, 1894 - Sections 23

Property