JUDGMENT
D.P. Wadhwa, J.
(1) By this application the appellants seek to amend the memo of appeal and want to claim compensation at the rate of Rs.5,000.00 per bigha of the acquired land. Originally in the appeal the claim was made for Rs.4,000.00 per bigha. There is no opposition to this application which is allowed. Deficiency in court fee has already been made. R.F.A. No. 103/74:
(2) The acquired land is situated in village Ghonda, Chauhan Khadar, Shahdara, Delhi. Notification under section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) was issued on 13 November 1959 and declaration under section 6 on 7/8 July 1966. The Land Acquisition Collector made his Award on 11 June 1969, it being Award No. 4/69- 70. He bifurcated all the land in the village in Block A and Block B. For Block A he fixed the market value at Rs. 1,500.00 per bigha and for Block Bat the rateofRs.500.00 per bigha. It is stated that the land in the present appeal forms part of Block A. On a reference made under section 18 of the Act, the learned Additional District Judge by his judgment dated 24 November 1973 enhanced the market value of the acquired land to Rs. 2,000.00 per bigha.
(3) At the out set Mr. Om Prakash states that this is a covered matter as in a similar land of this very village a Bench of this Court in R.F.A.No.21 of 1975,decided on 15 April 1991, fixed the market value of the land in Block A at Rs.5,000.00 per bigha.
(4) Following that judgment, we fix the market value of the acquired land at Rs.5,000.00 per bigha, thus, enhancing the compensation by Rs.3,000.00 per bigha. The appellants will also be entitled to solarium at the rate of 15% on the enhanced amount of compensation and interest at the rate of 6% per annum on this very amount from the date of possession till payment. Again following that judgment we will direct that the appellants shall also be entitled to interest at the rate of 6% per annum on the market value of the land under section 4(3) of the Amendment Act of 1967 provided there is no overlapping in the payment of interest under section 28 of the Act and interest under section 4(3) of the Amendment Act. Appellants will also be entitled to costs limited to court fee only.