CMA 285/96 – 285/96 -Sandeep Singh Vs. State of Rajasthan & Ors. Judgment dt.19.5.09 1/3 S.B. CIVIL MISC. APPEAL NO.285/1996 Sandeep Singh Vs. State of Rajasthan & Ors. Date of order : 19th May, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.L. Jain for the appellant. Mr. Anand Purohit, Addl. Advocate General. Mr. Ravi Bhanshali for UOI. ----- 1. Learned counsel for the appellant submits that the controversy involved in this case is covered by the judgment of Division Bench of this Court in D.B. Special Appeal (Civil) No.90/2007 arising out of S.B. Civil Misc. Appeal No.433/2004 decided on 21.8.2007 wherein the compensation for the land acquired by the State for Union of India for defence establishment was enhanced from Rs.15,000/- to Rs.19,000/- per bigha for the land in the same area in the same acquisition. 2. By the impugned award dated 6.1.1996 the award upheld by the reference court is at the rate of Rs.17,000/- per bigha. 3. The Division Bench of this Court while disposing of the aforesaid appeal observed as under:- “Since, we are informed that no appeal has been preferred against the judgment of learned single Judge in CMA 285/96 – 285/96 -Sandeep Singh Vs. State of Rajasthan & Ors. Judgment dt.19.5.09 2/3 Gurtej Singh's case by any of the parties and there is no dispute that the land in question is also the subject matter of the same acquisition proceedings. The petitioner becomes entitled to this relief even in terms of Section 23A. In view thereof, this appeal is allowed to the extent that following Gurtej Singh's case instead of Rs.15,000/- per bigha the petitioner shall also be allowed to the compensation for his land by taking market price of land at the rate of Rs.19,000/- per bigha which has been acquired under the same proceedings as was in the case of Gurtej Singh's case which have been followed for deciding appeal of the appellant. Appeal is accordingly disposed of. The compensation of the petitioner thus may be fixed in accordance with the other other cases which have been decided vide judgment in Gurtej Singh's case by enhancing market rate from Rs.15,000/- to 19,000/- per bigha. The amount of compensation shall be accordingly recomputed in that light. The amount of enhanced compensation shall be paid to the appellant with 8% interest w.e.f. the date possession was taken from him. No costs. Sd/ Sd/ (SANGEET LODHA)J. (RAJESH BALIA)J.” 4. Learned counsels for the respondents are not in a position to controvert the facts of the controversy being covered by the aforesaid Division Bench judgment. 5. Accordingly, this appeal is also disposed of in the same CMA 285/96 – 285/96 -Sandeep Singh Vs. State of Rajasthan & Ors. Judgment dt.19.5.09 3/3 term and is held that the compensation payable or paid to the appellant for his land acquired under the award dated 6.6.1988 at the rate of Rs.17,000/- per bigha shall stand enhanced to Rs.19,000/- per bigha in term of the aforesaid Division Bench judgment [ DR. VINEET KOTHARI ], J. itemNo.10 babulal