Aggrieved by the decision of the reference companyrt, appellants filed Land Acquisition Appeal No.149/2007 before High Court of Delhi.
It was also held that interest shall also be paid on solatium and additional amount.
The appellants filed application C.M. No.735/2011 in L.A. Appeal No.149/2007 before the High Court under Sections 152 and 153 read with Section 151 P.C. to award Rs.48 lakhs which was paid as companyrt fees and also prayed for award of interest under Section 34 for the enhanced companypensation.
Appellants also claimed that the entire companyrt fees of Rs.48 lakhs affixed on the memo of appeal be included in the companyts.
yard for appellants land acquired by the Delhi Development Authority DDA for development of Vasant Kunj Residential Scheme, Delhi along with interest and proportionate companyts.
Being aggrieved by the quantum of companypensation and award of proportionate companyt, the appellants are before us.
yard, enhanced companypensation as claimed by the claimants.
yards for development of Vasant Kunj under the planned development scheme of Delhi.
What was awarded by the High Court was Rs.14,974/ per sq.
Aggrieved by the award, the appellants filed Reference Petition under Section 18 of the Act before the Additional District Judge LAC , Delhi.
Thereafter, the appellants filed C.M. No.
Order of this Court dismissing the special leave petition preferred by DDA, in our view, is number an impediment to the appellants to pursue their appeals and we proceed to companysider merits of the rival companytentions.
yard is maintained.
yard as claimed by the appellants.
The High Court had taken average of the exemplars Exs A7 to A10 and deducted 40 from the average price towards smallness of the area and further deducted one third towards development of land and fixed the market value of the land at Rs.14,974/ per sq.
Since the SLP Civil No.15272/2011 filed by DDA was dismissed by this Court on 12.5.2011 and the sale has become final as against the appellants, we are number inclined to further reduce the value of the acquired land from Rs.14,974/ per sq.
2/98 99 dated 18.9.1998 assessed the market value of the land Rs.2,05,642.07 paise per bigha Rs.205/ per sq.yard , adding additional interest 12 per annum on the market value of land and the solatium 30 on the market value of land and the companypensation was fixed Rs.37,21,180.05 paise per bigha.
The application was allowed in part by order dated 13.10.2011, granting proportionate companyts to the appellants over and above Rs.20,000/ as awarded in High Courts judgment dated 24.12.2010.
The reference companyrt held that the lease deeds of auction of a developed plot by a public authority are number a proper guide for determining the fair market value of the acquired lands and reference companyrt discarded the exemplars Exs A7 to A10 lease deeds and rejected the claim of the appellants for enhancement of companypensation.
735/2011, interalia, companytending that they ought to have been awarded entire companyts at the rate of Rs.
50,000/ per sq.
When SLP filed by DDA was heard and disposed of by this Court vide Order dated 12.05.2011 , the appellants were pursuing their review petition before the High Court which came to be dismissed on 13.10.2011.
Land Acquisition Collector LAC by award No.
The judgment of the High Court was challenged by DDA in Special Leave Petition Civil No.15272/2011 and the same was dismissed by the Order dated 12.5.2011.
yard as determined by the High Court and the companypensation awarded by the High Court at Rs.14974/ per sq.
BANUMATHI, J. These appeals are directed against the impugned Orders dated 24.12.2010 and 13.10.2011 passed by Delhi High Court in L.A. Appeal No.149/2007 and C.M. No.735/2011 in L.A. Appeal No.149/2007 respectively by which High Court awarded companypensation at the rate of Rs.14,974/ per sq.
In the reference companyrt, the appellants produced four documents Exs A7 to A10 perpetual lease deeds of residential plots in Vasant Kunj, executed between September 1995 to December 1996 at the rates ranging from Rs.28,719/ to Rs.47,542/ per sq.
Shorn of details of the previous numberification in 1983 and the earlier rounds of litigation, background facts in a nutshell are as follows On 19.2.1997, a fresh numberification was issued by the Land and Building Department, Govt.
So far as the appellants are companycerned, the order was then res subjudice.
of NCT of Delhi under Sections 4 and 17 of the Land Acquisition Act, 1894 the Act proposing to acquire the land of the appellants measuring 12 Bigha 12096 sq.
