SHREE MALANPUR STEEL LTD. vs UOI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.04.2025 + LA.APP. 460/2009 SHREE MALANPUR STEEL LTD. .....Appellant Through: Mr. Gaurav Sarin, Sr. Advocate with Ms. SmitaMaan, Mr.VishalMaan and Mr.Harish Kumar, Advocates versus UOI & ANR. .....Respondents Through: Mr. Sanjay Kumar Pathak, Standing Counsel with Mr.K.K. Karan Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar, Mr.Mayank Madhu and Mr.Diwakar, Advocates for UOI CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The appellant being aggrieved with the judgment and decree dated 12.05.2009 passed by Ld. ADJ (LAC), West District, Delhi in LAC No. 137/08/05 with respect to Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter, ‘the Act’), has preferred the present appeal seeking enhancement of the market value/compensation in context of acquisition proceedings under which its free hold built up property measuring 673.42 sq meters bearing No. W-3, West Patel Nagar, New Delhi was acquired. 2. Notably, the respondent No.2/DMRC for the purpose of Mass Rapid Transit System Project issued notification dated 04.03.2003 under Section 4 of the Act to acquire total land measuring 1477.74 sq. meters whereas Signature Not Verified Digitally Signed LA.APP. 460/2009 Page 1 of 9 By:GAUTAM ASWAL Signing Date:06.05.2025 18:29:48 notification under Section 6 and 17(1) of the Act was issued on 28.04.2003. Possession of the acquired land was taken on 08.09.2003 and vide Award dated 26.08.2004, the Land Acquisition Collector (LAC) fixed the value of the land at Rs.13,280/- per sq. meter. Rates of compensation for built up structures existing on the acquired land were fixed on the basis of report of DMRC duly vetted by PWD.The cost of construction existing on the acquired land was assessed by