The court disposed of multiple applications regarding land acquisition appeals. Fixed fair market rates for compensation were established, with enhanced compensation and statutory benefits mandated unless interest periods coincided with filing delays.
Enhanced compensation at fixed rates, statutory benefits, and condonation of 70-day delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.
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LA.APP. 723/2006
DALEL SINGH Appellant Through: Mr.S.Chaturvedi and Mr.R.S.D'alal, Advocates
versus
. UOl & ORS. Respondent Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOl.
LA.APP. 172/2010
VIRENDER @ RAGHVENDER Appellant Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UOI &ANR Respondents Through: Mr.Sanjay Poddar, Sr.Advocate . with Mr.Sanjay Pathak, Advocate for UOl.
LA APP. 173/2010
RANDHIR Appel!ant
Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UNION OF INDIA & ANR ...... Respondents -Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak,
I
Advocate for UOl.
LA.APP. 174/2010
SANDEEP Appellant
Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UNION OF INDIA & ANR Respondents Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UQI.
I..A.APP. 175/2010
RAMA NAND Appellant Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UNION OF INDIA & ANR Respondents Throu,gh: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOI.
LA.APP. 183/2010
RAMBIR SINGH Appellant
Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UNION OF INDIA & ANR Respondents Through: MrSanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, - Advocate for UOI.
q-
LA.APP. 187/2010
. Appellant
RAMPHAL Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UNION OF INDIA & ANR Respondents Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOI.
LA.APP. 188/2010
BALBIR SINGH ..... Appellant Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UOI & ANR
. .....Respondents Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOI.
LA.APP. 189/2010
PEHLAD SINGH Appel!ant Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UNION OF !NDIA & ANR .....Respondents Through: Mr.Sanjay, Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOI.
a
I..A.APP. 222/2010
RAM RATI (DECEASED) THR. LRS Appellant Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UOI & ANR . . ..... Respondents Through: Mr.Sanjay Poddar, Sr.Advocate • �with Mr.Sanjay Pathak,
LA.APP. 230/2010
RAJBIR SINGH Appellant
Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UNION OF INDIA & ANR Respondents Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOI.
LA.APP. 231/2010
JASWANTSINGH Appellant
Through: Mr.Deepak Khosla and
Mr.S.S.Rana, Advocates.
versus
UNION OF INDIA & ANR Respondents Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOl.
LA.APP. 232/2010
SATYAVIR SINGH DECD THR LRS �..... Appellant Through: Mr.Deepak Khosla and
Mr.S.S.Rana, Advocates
versus
UNION OF INDIA & ANR .....Respondents Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOl.
LA.APP. 238/2011
UNION OF INDIA Appellant Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOl. versus JITENDER SINGH & ORS ..•... Respondents
Through: Ms.Amita Singh, Advocate for DDA
LA.APP. 178/2010
DEVENDER Appellant Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
versus
UOI & ANR. Respondents Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOI
CORAM:
HON'BLE MR.JUSTICE PRADEEP NANDRAJOG
ORDER
% 12.08.2011
Above capti9ned appeals and cross objections if any, pertain to acquisition of land in the revenue estate of village Holambi Khurd which were acquired pursuant to a notification dated 15.11.1996 issued under Section 4 of the Land Acquisition Act. Pertaining to the same notification and relating to adjoining village fair market value determined by this Court in
10
the decision reported as 2006 (VI) AD (Delhi) 13Ga/ra/Sincih Vs. (JO1 has been held to be 9,76,121/- per acre for category A land for 9,51,121/- per acre for category B land.
4
appeal would stand dismissed without any orders as to costs and in such appeals where the Reference Court has determined a fair market value less than 9,76,121/- for category Aand 9,51,121/- for category B , the appellants or the cross objectors as the case may be, would be entitled to compensation at the said rate and needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as interpreted in the decision reported as 93 (2001) DLT 569 Sunder vs. (JO,shall be granted. In cases where there is delay in filing the appeal and delay has been condoned, on the enhanced compensation interest would not be paid for the period of delay. Proportionate costs as well.
C.M. No.8313/2011 in LA.Aru.No.238/2011 (Stay)
Since the appeal is being heard for final disposal, instant • application seeking stay of operation of impugned decree is dismissed.
C.M. No.8314/2011 in LA.A.No.238/2011(Delay)
For the reasons stated in the application, the delay of 70 days in filing the appeal is condoned.
PRADEEP NAN DRAJOG, J.
AUGUST 12, 2011 mm
3 issues framed by the court
Whether the court should dine compensation for land acquired after fixing a fair market value of 9,76,121/- per acre for category A and 9,51,121/- per acre for category B.
Whether statutory benefits and interest at the enhanced compensation rate are payable in appeals where delay has been condoned.
Whether the compensation rate should be applied when the Reference Court awarded less than the market value determined by the court.
2 provisions across 1 enactments
DALEL SINGH
VIRENDER @ RAGHVENDER
RANDHIR
SANDEEP
RAMA NAND
RAMBIR SINGH
PRADEEP NAN DRAJOG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
