Pawan Mittal v. Union of India & Anr

ORDER %

17.11.2011

¶1With the consent of parties, the above captioned three appeals are taken up for disposal together as it is stated that the fate of these three appeals would be governed by the decision of this Court in LA APP.266/2008, titled as 'Jai Singh Vs. UOI & Another', rendered on

23.8.2011. Undisputedly, the Notification under Section 4 of Land Acquisition Act, 1894 in the instant appeals is of 22.8.2001 and these three appeals pertain, to 'A' category land of Village Holambi Kalan and while dealing with this very Notification, this Court in Jai Singh (supra) in respect of this Village has enhanced the compensation for 'A' category land to Rs.16,74,500/- per acre and the operative part of the decision rendered in Jai Singh (supra) reads as under:- "74. With reference to the notification dated

9.8.2001wherejn with effect from 1.4.2001 minimum price noqfied per acre is

¶1570 lakhs per acre and requiring said price to be suitably updated to reach the date of the notflcation i. e. 22.8.2001 and with reference to the sale deed dated 25.5.2002 wherein for Category 'C' lands, land price per acre comes to 97 7,74,1091-, rounded off to 97 7,75,000/- per acre, and for Category 'B' lands increasing the same by 2.5% the price comes to 78.2 lakhs per acre and further increasing by 2.5% the prices comes to 18, 65,500/- per acre for Category 'A' lands; and decreasing the said prices by 11% to reflect the price with reference to the sale deed for the date 22 8.2001; the mean average price for Category 'A' lands in village Holambi Kalan comes to 74,5001-per acre and decreasing the same by 2.5%, it comes to

1 6,32,637.50 per acre for Category 'B' lands. Noting that the learned Reference Court has, without any reasons, done away with Category 'B' lands and unform price awarded is 16,43,8111-per acre, the price dfferential worked out by me comes to a meager 9, 000/- per acre and thus qua category 'B' lands 1 maintain the amount awarded by the learned Reference Court.

¶75All Land Acquisition Appeals filed by the Union of India and cross objections wherever filed by Union of India in the appeals filed by land owners in respect whereof grid has been prepared and labeled as 'GRID-F' & 'GRID-G' hereinabove are dismissed. 76 All Land Acquisition Appeals filed by the land owners and cross-objections filed by the land owners in appeals filed by Union of India are allowed by decreeing compensation payable for Category 'A' lands in village Holambi Kalan pertaining to the notification dated

22.8.2001 in sum of 76, 74,500/- per acre and for Category 'B' lands the compensation awarded at 97 6,43,811/- per acre is maintained and thus such appeals or cross references which pertain to Category 'B' lands are dismissed.

¶77Pertaining to such appeal where the compensation stands enhanced statutory benefits as per the Land Acquisition Act 1894 as explained in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be granted, except for the period where there is a delay in filing the appeal or cross objection, for which period of delay no. interest on the enhanced compensation shall be paid. These appellants or cross objectors would be entitled to proportionate cost."

¶2The impugned order has granted the compensation @ Rs.16,43,811/- per acre and in view of the decision of this case in Jai Singh (supra), it is required to be enhanced to Rs.16,74,500/- per acre. by Accordingly, the LA.App.No.487 and 488 of 2011 of the appellants are allowed and the compensation stands enhanced to Rs.16,74,500/- per acre alongwith Statutory benefits and proportionate costs. Consequently, the appeal filed by UOI being LA.App.No. 460/2011 stands dismissed. JUDGE NOVEMBER 17, 2011 pkb

$-7, 18 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI 19 LA.APP. 487/2011 PA WAN MITTAL Appellant Through: Mr.Inder Singh and Mr.Anuroop P.S., Advocates versus UNION OF INDIA & ANR Through: + LA.APP. 488/2011 Respondents Mr. Sanj ay Kumar Pathak, Mr.Mohitrao Jadhav, and Ms.Navlin Swain, Advocates for UOI/LAC Mr.Rakesh Mittal, Advocate for respondent No. 2-DDA LAKSHMI MITTAL Appellant Through: Mr.Inder Singh and Mr.Anuroop P.S., Advocates versus UNION OF INDIA & ANR Through: LA.APP. 460/2011 Respondents Mr.Sanjay Kumar Pathak, Mr.Mohitrao Jadhav, and Ms.Navlin Swain, Advocates for UOI/LAC Mr.Rakesh Mittal, Advocate for respondent No. 2-DDA UNION OF INDIA & ANR Appellants Through: Mr.Sanjay Kumar Pathak, Mr.Mohitrao Jadhav, and Ms.Navlin Swain, Advocates for UOI/LAC versus LAKSHMI MITTAL & ANR ..... Respondents Through: Mr.Inder Singh and Mr.Anuroop P.S., Advocates Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. 1~~~ CORAM: HON'BLE MR. JUSTICE SUNIL GAUR