Mukul Mudgal, J. (Oral)

1. This land acquisition appeal under Section 54 of the Land Acquisition Act, 1894, (herein after referred to as “the Act”) is directed against the judgment and decree dated 30.4.2005 passed by Additional District Judge, Delhi. The land was situated in village Bakkarwala. The Land Acquisition Collector fixed the market values of the land @ Rs. 96,875/-per bigha. Dissatisfied, the appellants preferred a reference petition under Section 18 of the Act. The matter was accordingly referred to the Additional District Judge for fixing just and fair market value. After examining the evidence produced by the parties the learned Additional District Judge enhanced the compensation to Rs.1,08,000/-per bigha besides other usual benefits. The appellants were still not satisfied and filed this appeal for further enhancement on the ground that the reference court did not properly appreciate the evidence led by the appellant.

2. There is no dispute that the compensation awarded by the learned Additional District Judge in respect of land in village Bakkarwala was challenged both by the landowners and the Union of India. The land owners’ appeal for enhancement of the compensation was allowed and compensation was fixed at Rs.1,32,000/-per bigha while that of the respondent/Union of India was dismissed by judgment dated 25.5.2006 in L.A. APP.No.189-91/2006 titled Jai Singh & Others v. Union of India & Anr. Since the compensation in respect of same notification as is involved in the present appeal already stands determined by a judgment of this Court in Jai Singh & Others v. Union of India & Anr. (supra), the present appeal is also disposed of in the said terms and the compensation is enhanced to Rs. 1,32,000/-per bigha with the benefits mentioned in the said judgment.

3. However, the appellants shall not be entitled to interest for the period of delay, in filing the appeal i.e. for the period commencing from the date of the impugned judgment till the date of filing of the appeal excluding 90 days.

4. The appeal stands disposed of. A copy of Jai Singh’s judgment (supra) be placed on this file. Decree sheets be prepared accordingly.

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