LA.APP./604/2011 of UNION OF INDIA Vs SURAJ BHAN DECD THRU LRS & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP. 604/2011

UNION OF INDIA Appellant Through: Mr. Sanjay Kumar Pathak, Adv.

versus

SURAJ BHAN DECD THRU LRS & ORS Respondents Through: None

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

ORDER % 15.09.2011

CM 17278/2011 (condonation of delay in filing the aDfleal)

This application is filed by the appellant praying inter a/ia for condonation of delay of 13 days in filing the accompanying appeal.

For the reasons stated in the application, particularly paras 2 to 4 thereof, the same is allowed. The delay of 13 days in filing the accompanying appeal is condoned.

The application is disposed of.

LA.APP. 604/2011 and CM 17277/2011

1. The appellant/Union of India is aggrieved by the judgment dated 16.05.2011 passed by the Reference Court in respect of Award No.06/2004-05 made pursuant to Section 4 Notification issued on LA.APP. 604/2011 Page No.1 of 3

06.02.2003 in respect of the land situated in village Ghevra.

2. At the outset, learned counsel for the appellant/Union of India states that the appeals preferred by the expropriated landowners against the impugned judgment in respect of the same Award, covered under the same notification, were allowed by co-ordinate Bench states that the appeals preferred by the expropriated landowners against the impugned judgment in respect of the same Award, covered under the same notification, were allowed by co-ordinate Bench (Pradeep Nandrajog, 3.) vide judgment dated 02.06.2011 passed in batch of matters, lead matter being LA.APP 489/2008 entitled Chiranji Lal vs. Union of India & Anr. He states that the appellant/Union of India is-contemplating preferring an appeal against the aforesaid judgment, in respect of the land situated in village Ghevra under the aforesaid Award but as on date the aforesaid judgment has to be considered as final. batch of matters, lead matter being LA.APP 489/2008 entitled Chiranji Lal vs. Union of India & Anr. He states that the appellant/Union of India is-contemplating preferring an appeal against the aforesaid judgment, in respect of the land situated in village Ghevra under the aforesaid Award but as on date the aforesaid judgment has to be considered as final.

copy of the aforesaid judgment in the case of Chiranji Lal(sura) is handed over by the counsel for the appellant/Union of India, which is taken on record. The operative paras of the aforesaid judgment are reproduced hereinbelow for ready reference:-

"18. Thus, with respect to the price 2,35,815/- per bigha as of 11.6.1996 and giving 10% increase per annum the fair market value of the land of the appellants works out to !4,03,425/- per bigha and thus we dispose of the appeals enhancing the compensation payable to the appellants to 4,03,425/- per bigha. We further decree that the appellants would be entitled to solatium and interest as per statute and as clarified in the decision reported as 93 (2001) DLT 569 Sunder vs. UOI.

LA.APP. 604/2011

Page No.2 of 3

Proportionate costs are also awarded.

All pending applications stand disposed of in terms of the prayers made therein and cross objections, if any, filed by Union of India are dismissed."

3. Accordingly, following the aforesaid decision dated 02.06.2011 in

the case of Chiranji Lal (supra), the present appeal filed by the appellant/Union of India is dismissed along with the pending application, on the same lines as set out in the aforesaid judgment.

SEPTEMBER 15, 2011 rkb

HIMA KOHLI,J

LA.APP. 604/2011

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