LA.APP./480/2011 of NARENDER KUMAR & ORS Vs UNION OF INDIA & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP. 480/2011

NARENDER KUMAR & ORS Appellants Through : Mr. L.B. Rai, Adv.

versus

Respondents

UNION OF INDIA & ORS

Through : Mr. Sanjay Poddar, Adv. Mr. Arun Birbal, Adv. for DDA.

CORAM: HON'BLE MS. JUSTICE HIMA KOHLI

ORDER 28.07.2011

. M.No.13819/2011 (exemption)

Allowed, subject to all just exceptions.

C.M. No.13018/2011 (delay)

The present application is filed by the appellants praying inter a/ia for condonation of delay of 295 days in preferring the accompanying appeal.

At the outset, counsel for the appellants states that in case the delay of 295 days in preferring the accompanying appeal is condoned, the appellants shall not claim interest on the enhanced amount for the period of delay as also costs of the appeal.

LA.APP. 480/2011

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Signature Not Verified

Counsel for the respondent No. 1/Union of India and respondent No. 2/DDA state that they have no objection to the aforesaid suggestion made by the counsel for the appellants: Accordingly, the present application is allowed with the condition that the appellants shall not be entitled to claim interest on the enhanced amount for the period of delay of 295 days in preferring the appeal as also costs of the appeal.

The application is disposed of.

LA.APP. 480/2011

By way of the present appeal, the appellants have assailed the judgment 2.7.2010 passed by the Reference Court in LAC No.197/08/07 arising out of Award No.01/DCW/200607 pertaining to village Bakkarwala passed pursuant to the notification dated 17.6.2005 issued under Section 4 of the Land Acquisition Act 1894 (in short 'the Act') and the declaration dated 31.5.2006 issued under Section 6 of the Act.

Counsel for the appellants submits that the present case is squarely covered by the judgment of co-ordinate Bench (Pradeep Nandrajog, J.) passed in batch of matters, lead matter being LA.APP.No.784/2005 entitled ']amna vs. UOI & Ors.' decided as recently as on 8.7.2011.

Counsels for the parties state that in the aforesaid batch of LA.APP. 480/2011 Page 2 of 4

matters, apart from the land acquired in village Mundka , the learned Single Judge had also decided the cases arising out of the same Award covered under Section 4 of the Act dated 17.6.2005 pertaining to village Bakkarwala. In this regard they draw the attention of this Court to the operative para 33 of the aforesaid judgment, relevant portions of which are reproduced herein below

33. Accordingly, the appeals filed by the Union of India require to be dismissed and I hereby dismiss the same. The appeals filed by the land owners and the cross-objections filed by the land owners stands decreed as under:-

I) xxx

ii) xxx

xxx

For the land situated in Village Bakkarwala the fair markt value is fixed at 4,98,589/- per bigha i.e. 23,93,227.20 per acre, as on 17.06.2005.

xxx

Appellants and cross-objectors who have succeeded would • also be entitled to solatium and interest as per statute and as clarified in the decision reported as 93(2001) DLT 569 Sunder vs. UOI, for the compensation, paid originally and as enhanced by the Reference Court and finally on the sum enhanced by the present judgment and decree.

The appellants and cross-objectors who succeed would also be entitled to proportionate costs.

All pending applications stand disposed of in terms of the prayers made therein."

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It is submitted by the counsel for the appellants that the appellants are also entitled to the relief as granted to other similarly placed appellants in the aforesaid batch of matters, to which counsel for the respondent/UOI has no objection.

Following the aforesaid decision dated 8.7.2011 in the case of Jamna (supra), the present appeal is also disposed of on the same lines, while granting the same relief to the appellants as granted to the appellants in the LA.APP.784/2005. However, it is clarified that the appellants shall not be entitled to claim interest on the enhanced compensation for the period of delay of 295 days in preferring the appeal, in terms of the orders passed today in C.M. No.13018/2011 preferred by the appellants for condonation of delay in filing the appeal, as also costs of the appeal.

JULY 28, 2011 sk

HIMA KOH LI,]

LA.APP. 480/2011

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