SUPREME COURT OF INDIA

Union of India

Vs.

Rattan Singh (Dead, Represented By His Legal Representatives)

SLP(C) No.12546 of 2000

(V. N. Khare CJI. and S. B. Sinha JJ.)

04.02.2004

ORDER

1. Leave granted.

2. A large tract of land measuring 5424 bighas in revenue village Poothkalan on the out-skirts of Delhi was sought be acquired by the Delhi Development Authority and for that purpose Section 4 Notification under the Land Acquisition Act, 1894 (for short 'the Act') was issued as far back on 11th December, 1981. The Land Acquisition Officer awarded compensation for Block-A at the rate of Rs.12, 100/- per bigha, for Block-B at the rate of Rs.12, 000/- per bigha and for Block-C at the rate of Rs.6, 000/-. The claimants not being satisfied, sought reference under Section 18 of the Act. The Civil Court enhanced the compensation at the rate of Rs.15, 700/- per bigha in one case and at the rate of Rs.18, 500/- per bigha in another case. Still not satisfied, the claimants preferred appeals before the High Court. The High Court, relying upon Exhibit A-1, enhanced the compensation at the rate of Rs.30, 000/- per bigha. It is against the said judgments, the petitioners have come in appeals by way of special leave petitions.

3. Learned counsel for the Union of India brought to our notice a decision of this Court in the case of Union of India and Another Vs. Ram Phool and Another, (Civil Appeal No. 8137 of 2002) decided on November 28, 2002.

4. We have looked into the judgment. We are satisfied that these appeals stand covered by the said decision. Following the said decision, these appeals deserve to be allowed. #

5. However, before we part with the case, we would like to observe that in the present case, respondent-claimants have not been granted interest. For that purpose, if the claimants are advised to move applications under Section 28A of the Act claiming interest, such applications may be decided in accordance with law.

6. For the aforesaid reasons, we set aside the orders under challenge. The appeals are allowed. No costs.