Union of India v. Puran Singh & Ors

RAJIV SAHAI ENDLAW, J. JULY 11, 2018 Bs..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th July, 2018 + LA.APP. 76/2018 & CMs No.13332/2018 (for stay) & 13333/2018 (for condonation of 115 days delay in filing the appeal) UNION OF INDIA ..... Appellant Through: Mr. Biraja Mahapatra and Mr. T.K. Nagar, Advs. Versus PURAN SINGH & ORS ..... Respondents Through: Mr. Vikas Mehta and Mr. Tanvir Nayar, Advs. for R-1 to 12. Ms. Sukhbeer Kour Bajwa, Adv. for R-13/DDA. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This appeal under Section 54 of the Land Acquisition Act, 1894 impugns the judgment [dated 30th August, 2017 in LAC No.216/2016 of the Court of Additional District Judge (ADJ)-04, South West District, Dwarka Courts, New Delhi] on a reference under Section 28A(3) of the Act for enhancement of compensation for the acquired land of the respondent at village Dhoolsiras, New Delhi. 2. The appeal, along with an application for condonation of 115 days delay in filing thereof, came up before this Court first on 9th April, 2018 when notice thereof was ordered to be issued. 3. The counsel for the respondents No.1 to 12 and the counsel for respondent No.13 Delhi Development Authority appear. 4. The counsels have been heard. 5. The respondents no.1 to 12 were the bhumidars of land in Village Dhoolsiras, New Delhi with respect to which Notifications for acquisition were issued and an award made. The respondents no.1 to 12 did not seek reference under Section 18 of the Act. However, in reference under Section 18 sought by others, whose land had been acquired by same Notifications and was subject matter of the same award, the compensation enhanced. The respondents no.1 to 12 then applied under Section 28A(1) and were awarded the same compensation as enhanced by the Reference Court in reference under Section 18 sought by said others. The respondents no.1 to 12 thereafter applied under Section 28A(3), and of which, reference was made. In the meanwhile the 'others' aforesaid, being not satisfied with enhancement in compensation granted to them by the Reference Court, preferred appeals to this Court and then to Supreme Court and vide orders in which appeals, further enhancement in compensation was granted. The Reference Court, in reference under Section 28A(3) aforesaid, granted the enhancement in compensation to respondents no.1 to 12 as ultimately awarded by the Supreme Court with respect to the other land subject matter of the same Notifications and award. 6. To be able to understand the contention of the counsel for the appellant, it is appropriate to set out Section 28A herein below. The same is as under: "28A. Re-determination of the amount of compensation on the basis of the award of the Court.—(1) where in an award under this part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under sub-section (2) may, by w