Amar Singh Vs. Union of India

land acquisition act 1894 - section 23(2) & 54--compulsory acquisition--appeal--award & decree--appeal against--market value--determination of--assessment of market value--solatium--interest--claimant entitled to interest--appeal allowed.; accordingly, we hold that market value of the land of the appellant in the present case also should be determined @ rs. 25,000/- per bigha. in addition to the market value, the appellants/claimants shall be entitled to payment of solarium at the rate of 30% per annum of the aforesaid market value, in consideration of the compulsory nature of the acquisition under section 23(2) of the act. the appellants/claimants shall also be entitled to interest at the rate of 95% per annum from the date of dispossession till expiration of one year from that date and thereafter @ 15% per annum till the date of payment in court on the compensation in excess of the sum awarded by the collector in terms of section 28 of the act. - .....by the learned additional district judge, delhi, determining the amount of compensation payable to the appellants for acquisition of their land situated in village kureni, delhi.(2) the piece of land in question was acquired by notification under section 4 of the act dated 30.10.1963. declaration under section 6 of the act was issued on 16.1.1969 and award was made by the land acquisition collector on 6.1.1981.(3) the question of market value of land in the same village, acquired by the very same notification, was the subject-matter of rfa no. 598/93, mange ram v. union of india, which was decided by a division bench of this court on 27.9.1996. in that case, the market value was assessed @ rs. 25,000.00 per bigha.(4) accordingly, we hold that market value of the land of the appellant in the present case also should be determined @ rs. 25,000.00 per bigha. in addition to the market value, the appellants/claimants shall be entitled to payment of solarium at the rate of 30% per annum of the aforesaid market value, in consideration of the compulsory nature of the acquisition under section 23(2) of the act. the appellants/claimants shall also be entitled to interest at the rate of 95% per annum from the date of dispossession till expiration of one year from that date and thereafter @ 15% per annum till the date of payment in court on the compensation in excess of the sum awarded by the collector in terms of section 28 of the act.(5) since there is a difference of more than three years between the notification under section 4(30.10.1963) and declaration under section 6 (16.1.1969) of the act, the appellant shall also be entitled to interest @ 6% per annum on the market value of the land from the date of expiry of the said period of three years to the date of tender of payment awarded by the collector under section 4(3) of the land acquisition (amendment and validation) act, 1967.(6) the appellants/claimants shall also be entitled to proportionate costs.(7) the appeal.....