High CourtsDivision Bench(2008) 11 DEL CK 0140

Union of India (UOI) vs Gian Chand Sharma

Delhi High Court · Decided on 27 November 2008

HON’BLE JUDGES
Mukul Mudgal, J · Manmohan, J
RESULT
Dismissed
CASE NUMBER
Regular First Appeal No. 835 of 1987

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Judgment

5 paragraphs · 286 words

Mukul Mudgal, J.—This appeal challenges the impugned judgment dated 15th April, 1987 of the learned Additional District Judge, Delhi in LAC No. 79/76 in respect of land situated in revenue estate of Village Sultanpur, Mehrauli, New Delhi in awarding compensation @ Rs. 6,445/- per bigha.

2.

It is not in dispute that this Court in similarly situated lands, though for different notification, has awarded a sum of Rs. 6,000/- per bigha in RFA No. 83-D of 1960 titled as Union of India v. Dewan Chand, decided on 23rd July, 1963, relating the land acquired through Notification dated 25th July, 1956 u/s 4 of the Land Acquisition Act.

3.

Considering the fact that the present acquisition is of 1961, we are of the view that the compensation @ Rs. 6,445/- per bigha cannot be considered to be unreasonable due to passage of time. Accordingly, while we find no merit in the appeal in so far as quantum is concerned, learned Counsel for the appellant is absolutely right in stating that the Respondent shall not be entitled to recover the additional amount as directed in paragraph 12 of the said judgment u/s 23(1A) of the Land Acquisition Act in view of judgment of the Hon''ble Supreme Court in K.S. Paripoornan Vs. State of Kerala and Others, as award is dated 17th April, 1975 that is much prior to the year of 1982 fixed in the said judgment. Accordingly, the direction qua the additional amount in para 12 of the impugned judgment is set aside.

4.

The appeal is dismissed with the above modification. The amount payable shall be paid not later than twelve weeks from today.

5.

Since nobody is there to press cross-objections, the cross-objections are dismissed.