LA.APP./643/2011 of BIMLA BANSAL Vs UNION OF INDIA & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP. 643/2011

BIMLA BANSAL Appellant

Through : Mr. Manish Vats, Adv.

versus

UNION OFINDIA&ANR Respondents

Through: Mr. Sanjay Kumar Pathak, Advocate for respondent No.1/UOI.

Mr. Arun Birbal, Advocate for respondent No.2/DDA.

CORAM: HON'BLE MS. JUSTICE HIMA KOHLI

ORDER % 23.09.2011

C.MN0.17890/2011 (for condonation of delay in filing the appeal)

The present application is filed by the appellant praying inter a/ia for condonation of delay of 17 days in filing the accompanying appeal.

For the reasons stated in the application, the prayer made in the application is allowed and the delay of 17 days in filing the accompanying appeal is condoned.

The application is disposed of.

LA.APP. No.643/2011

1. By way of the present appeal, the appellant has assailed the judgment 25.05.2011 passed by the Reference Court in LAC No.82/10 arising out of Award No.13/DC(W)/2006-07 pertaining to village Mundka, pursuant to the notification dated 17.06.2005 issued under LA.APP. 643/2011 Page 1 of 3

Section 4 of the Land Acquisition Act 1894 (in short

'the Act').

2. Counsel for the appellant submits that the present case is squarely covered by the judgment of co-ordinate Bench (Pradeep Nandrajog, 3.) passed in batch of matters, lead matter being LA..APP.No.784/2005 entitled 'Jamna vs. UOI & Ors.' decided as recently as on 08.07.2011. Learned counsel particularly draws the attention of this Court to the operative paras 31 and 33 of the aforesaid judgment, relevant portions of which are reproduced herein below:-

"31. As noted hereinabove, in Chiranji Lal's case (supra), pertaining to the notification dated 6.2.2003, fair market value assessed by me was 4,03,425/- per bigha and thus, increasing the same by lO% for 2 years and 131 days, the figure comes to !4,98,589/- per bigha, which comes to 23,93,227.20 per acre. The same is held by me to be the fair market value of land in Village Mundka and Village Bakkarwala as of 17.6.2005. I decree the same.

xxx

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:-

XXX

For the land situated in village Mundka the fair market value is fixed at !4,98,589/- per bigha, i.e. 23,93,227.20 per acre, as on 17.06.2005. LA.APP. 643/2011

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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.

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

It is submitted by the .counsel for the appellant that the appellant is also entitled to the relief as granted to other similarly placed appellants in the aforesaid, batch of matters.

Following the aforesaid decision dated 08.07.2011 in the case of Jamna (supra), the present appeal is also disposed of on the' same lines, while granting the same relief to the appellant as granted to the other similarly placed appellants of village Mundka, covered by notification dated 17.06.2005, subject matter of LA.APP.784/2005.

HIMA KOHLI,J

SEPTEMBER 23, 2011 sk LA.APP. 643/2011

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