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Judgment
Valmiki J Mehta, J.
CM 7704/2009 (for bringing on LRs of deceased Appellant No. 2) and CM 7705/2009 (for brining on record LRs of deceased Appellant No. 1)
Learned Counsel for the Respondent states that he has no objection to these applications being allowed subject to the condition that the Appellants (and now the legal heirs of the Appellants) will not claim any interest for the period of delay in filing the appeal. Learned Counsel for the Appellants and the applicants agrees to such course of action. Accordingly these applications are allowed subject to the Appellants and the applicants being not entitled to interest for the period of delay in filing the appeal.
L.A.APP. No. 396/2009
By virtue of notification u/s 4 of the Land Acquisition Act, 1894 dated 6.6.1991, vast tracts of lands in village Kakrola were notified for acquisition and with respect to which land a declaration u/s 6 was issued thereafter on 6.12.1991. An award was passed by the Land Acquisition Collector being award No. 1/1993-94 dated 2.4.1993 and by which award land was categorized in three categories A, B and C and compensation of Rs. 96875/- per bigha was granted for category A land, Rs. 38,000/- per bigha granted for category B land and Rs. 32,000/- per bigha granted for category C land.
On reference being sought by the land owners/Appellants, the learned ADJ by the impugned judgment and decree dated 30.3.2007 granted uniform compensation, removing the categories as provided by the award, of Rs. 1,09,500/- per bigha.
This Court in the case of Om Prakash v. UOI 2009 DLT 290 has dealt with the same notification u/s 4 of the said Act of the same village Kakrola and has held that compensation per bigha should be Rs. 1,20,500/-. Accordingly, in view of the aforesaid decision in the case of Om Prakash, Appellant will also be entitled to compensation of Rs. 1,20,500/- per bigha with respect to their lands. Appellants will also be entitled to other statutory benefits in terms of Land Acquisition Act, 1894 as amended up-to-date. The Appellant will not be entitled to interest from date of the impugned judgment i.e. 30.3.2007 till the date of filing of the appeal on 6.4.2009. It is clarified that Appellants will however get interest for the period of limitation 90 days which is the statutory period of limitation under which an appeal could have been filed.
Appeal is disposed of as allowed, subject to the observations made above and also granting proportionate costs to the Appellants.