H.C.D.-I (a) Continuation Sheet Sr. No. Date Orders IN THE HIGH. GOHRT OF DELHI AT NEW DELHI Date of Decision : March 09. 2004 RFAl 22/2000. Ram Lai (Deed.) through LRs Appellant Through None. versus UOI & ANR. Respondents Through Mr. Sanjay Poddar, Adv. CORAM: HONHLE IVm. JUSTICE DALVEER BHANDARI HONBLE MR JUSTICE R.C. JAM, 1. Whether the Reporters of local papers may be allowed to see the Judgment?^ 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? DALVEER BHANDARI. J. (ORAL) In view of our detailed judgment In RFA No. 116/2000 relating to village Khampur, this appeal is al.so disposed of. DALVEER BHANDARI, J RC. JAM, J MARCH 09, 2004 Tc' Digitally Signed By:AMULYA 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. Signature Not Verified : 1 : - RF.A.NO. 116/2000 & other connected appcc IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : March 09. 2004 RPA 116/2000 HARJ CHAND Appellant Through Mr.Deepak Khosia, Adv. versus UOI Respondent Through Mr. Sanjay Poddar, Adv. ANT) V R.F.A.NOS. 122/2000. 123/00. 128/00. 129/00. 130/00. 131/00. 149/00. 150/00.& 501/2000 COR/\M: HONT3LE MR JUSTICE DALVEER BHANDARl HON'BLE MR. JUSTICE R.C. JAIN 1. 2. 3. WTiether the Reporters of local papers may be allowed to see the Judgment? To be referred to the Reporter or not? Wliether the Judgment should be reported in the Digest? DAL\T:ER BHANDARl. J. (QRALI 1. Tliis appeal is directed against the Judgment dated 27.11.1999 passed by the learned Additional District Judge- { I. ^ : 2 in LAC No.28/99. RF.A.NO. 116/2000 & other connected appeals 2. The laiid of the appellant in village Khampur was acquired by a notiflcation dated 9.3.1992 for construction of .slaughter house for development of Narela Township on emergent basis. The Land Acquisition Collector awarded compensation at the rate of Rs.96,875/- per blgha along with aU other benefits as per the provisions of the Land Acquisition Act. The reference court after taking Into consideration the entire documentaiy evidence and judgments enhanced the compensation to Rs. 1,18,600/- per bigha. 3. The court also directed that the appellant shall be entitled to receive additional amount under Section 23 fl-Af of the Act @ 12% per annum on the market value from the date of notification under Section 4 of the Act till the date of award or dispossession, whichever is earlier and to solatium at the rate of 30% of such market value In view of compulsory nature of the acquisition and also interest under Section 28 of the Act at the rate of 9% for the first^ear from the date of dispossession and at 15% per annum for the subsequent period till payment on the difference between the enhanced " n " R-F-A.No.I 16/2000 & other connerfpH appeals compensation award by tliis couit and the conipensatlon awarded by the l^nd Acquisition Collector. Mr.Deepah JOiosla, learned coumscl appearing for the oppeUant, submitted tliat 12% escalation from 27.4J990 wliich has been granted by the learned ADJ is inadequate and inslead the appeUant ought to be granted 15% escalation. We have heard levied counsel for the parties. In view of the decision of their Lordships of the Supreme Court in Satpal & Anr. vs. Union of India reported as JT 1997 (8) SC 213 by utiich a Division Bench judgment of this court granting escalation at the rate of 12% per annum has been approved. This judgment thereafter been foUowed in many cases by this court. f n . : i : I?' 6. ' learned counsel appetiring for the appellant submits that in view of the Constitution Bench judgment of the Supreme Court in Sunder vs. Union of India reported as (2001) 7 see 211, he is also entitled for interest on the amount of solatium. We order accordingly. ■</ 1/ - : 4 RI\A.No. 116/2000 & other connected appealsI /. Nothing further survives In tliis appeal and this appeal is accordingly dismissed. Tlie parties are directed to bear their owii costs. ^i^CLX/vxAjy' DALVEER BHANDARl, J MARCH 09, 2004 RC. JAIRJ re i • * K.