R P SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved against the judgments and orders dated 3-3-2000 and 7-2-2003 the claimants/appellants have come up in these appeals. The judgment and order dated 3-3-2000 relates to the acquisition of land situated at village Mangolpur Kalan, Delhi and order dated 7-2-2003 relates to the acquisition of land situated in village Mangolpur Khurd, Delhi.

(2.) Though the notifications under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for the acquisition of land for village Mangolpur Kalan and Mangolpur Khurd were issued on different dates i.e. 24-10-1961 and 4-3-1963, the High Court determined the market value for the land of both the villages at the same rate of Rs. 6,500/- per bigha. In addition to the market value of Rs.6,500/- per bigha the appellants were awarded solatium at the rate of 30%, interest at the rate of 9% per annum for a period of one year from the date of taking over of possession of the land by the Collector and thereafter at the rate of 15% per annum till the payment is made to them. They have also been held entitled to simple interest at the rate of 6% per annum on the market value from 24-10-1964 onwards under Sec. 4(3) of the Land Acquisition (Amendment and Revalidation) Act, 1967 because of the difference of more than 3 years between the issuance of the notifications under Sections 4 and 6 of the Act provided there was no overlapping of interest.

(3.) Facts are being taken from CA Nos. 1067-68 of 2001 relating to village Mangolpur Kalan.