Smt. Vidya Devi and Another vs Union of India and Others Union of India and Others Vs Smt. Vidya Devi and Another

K. Kannan, J.—Both the appeals arise out of the proceedings of an Arbitrator under the Requisition and Acquisition of Immovable Property Act 1952 which was a subject of adjudication before the Court of first instance. An award was passed and in terms of the award, compensation granted at different rates for different categories of land. Both the landowner and the Union have come up on appeals to this Court against the said award, but it appears that in respect of the very same subject matter, there had been also proceedings before the Supreme Court and both the counsel agree that the judgment of the Supreme Court in Dilawar Singh and Others etc. Vs. Union of India (UOI) and Others, squarely governs the issues regarding the determination of value and other benefits. At para 23 of the judgment, the Supreme Court has allowed for the value to be determined uniformly for all categories at Rs. 350 per marla towards compensation with benefits like solatium and interest on the said amount. The appeal filed in FAO No. 875 of 1990 by the landowners will stand allowed to the above extent to conform to the determination of valuation as made in Dilawar Singh''s case (supra) and the appeal filed by the Union in FAO No. 983 of 1990 against the compensation shall stand dismissed. The amount shall be paid by the Union within 12 weeks from today.