The Reference Court answered the reference partially in favour of the claimants and fixed the market value of the acquired land at the rate of 10,000/ per bigha for ab pash land and 5,000/ per bigha for gair ab pash land.
Declaration under Section 6 of the Act was made on 29th September, 1981.
The question of payment of interest on solatium was kept open subject to the decision of this Court in the reference pending at that time.
While enhancing the companypensation awarded to the claimant, the High Court fixed it at 345/ per square yard.
The High Court disposed of the appeals in RFA Nos.
In addition to the enhanced market value, the claimant was also held entitled to the solatium at the rate of 30 and interest at the rate of 9 per annum for a period of one year from the date of the Collector taking the possession and thereafter at the rate of 15 per annum till the date of payment.
The Division Bench of the High Court which disposed of the appeal under companysideration relied upon the judgment of another Division Bench of that Court Devinder Gupta, J. being member to both the Benches in the case of Anil Kumar Sharma v. Union of India 86 2000 DLT 825 and further enhanced the companypensation payable to the claimants to 345/ per square yard with the benefits aforenoticed.
The companyrectness of the judgment of the Reference Court was questioned before the High Court of Delhi.
601, 603 and 604 of 1992 on 21st July, 2000 by a companymon judgment in Anil Kumar Sharmas case supra and enhanced the companypensation to 345/ per square yard in addition to the other statutory benefits.
Dissatisfied with the companypensation awarded, an application for reference under Section 18 of the Act was made to the Court of companypetent jurisdiction.
Still dissatisfied with the companypensation awarded, the claimants preferred appeals before the High Court of Delhi.
The pertinent facts of the present case are that a Notification under Section 4 of the Act was issued on 25th February, 1981 proposing to acquire companysiderable land situated in the Revenue Estate of Village Kondli, including the land which is the subject matter of the present appeal, for a public purpose, i.e. planned development of Delhi and at public expense.
Detailed reasons were recorded for setting aside the judgment of the High Court.The Union of India felt aggrieved by this judgment of the High Court enhancing the companypensation granted to the claimants to the extent of 345/ per square yard and had filed the present appeal before this Court.
Appeal by the Delhi Development Authority against this judgment of the High Court arising out of RFA No.604 of 1992, came to be allowed by this Court in Bali Ram Sharmas case supra where companypensation was reduced to 76,550/ per bigha.
80/82 83 and 57/81 82 respectively.
The Land Acquisition Collector, after following the due procedure of law, passed an award being award No.57/81 82 on 31st March, 1982 fixing the rate of companypensation at 3,000/ per bigha.
80/82 83, the companypensation was enhanced to 76,500/ per bigha by the Reference Court.
Swatanter Kumar, J. The present appeal is directed against the judgment of the High Court of Delhi at New Delhi, passed on 7th December, 2000, in RFA No.283 of 1995 where a Division Bench of the High Court partly allowed the appeal, filed under Section 54 of the Land Acquisition Act, 1894 for short, the Act , by the claimant respondent herein .
