High CourtsDivision Bench(2002) 11 DEL CK 0137

Union of India (UOI) vs Tek Ram and Others

Delhi High Court · Decided on 14 November 2002 · Citation: (2003) 104 DLT 587

HON’BLE JUDGES
Devinder Gupta, Acting C.J. · A.K. Sikri, J
RESULT
Dismissed
CASE NUMBER
Regular First Appeal No. 452 of 1988 and C.M. (Cross Objections) 1317 of 1989

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Judgment

3 paragraphs · 211 words

RFA 452/1988 & CM. (Cross Objections) 1317/1989 :

1.

The appeal filed by Union of India seeking reduction in the amount of compensation is liable to be dismissed in view of the decision of this Court in RFA 203/1983, Jagdev Singh v. Union of India decided on 7.8.1989. Claimant''s cross objections seeking enhancement are liable to be allowed in view of the decision in Jagdev Singh''s case (supra).

2.

Claimant''s land situated in Madanpur Khadar was acquired by notification issued u/s 4 of the Land Acquisition Act on 15.6.1979. The Reference Court by the impugned award assessed fair market value at Rs. 26,250/- per bigha. This Court in Jagdev Singh''s case (supra) for similar lands acquired under the same notification determined fair market value at Rs. 27,000/- per bigha. There is no reason for us to deviate from the said determination in this appeal in the absence of any other material brought to our notice. Consequently appeal of Union of India is dismissed. Cross objections are allowed with proportionate costs holding the claimant/respondents entitled to compensation @ Rs. 27,000/- per bigha. In addition to the other statutory benefits the claimant/respondents will also be paid interest on solarium in view of decision of Supreme Court in Sunder Vs. Union of India, .