* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LA. APP. 404/2008 and CM 3784/2008
Date of decision: 16.04.2010
IN THE MATTER OF :
UNION OF INDIA ..... Appellant
Through: Mr.Ramesh Ray, Advocate
versus
HARPHOOL DECEASED THR. LRS AND ORS. ..... Respondents
Through: Mr. S.K. Rout, Advocate with
Mr. B.D. Sharma and Mr. S.K. Sharma, Advs. for
R1.
Mr. S.K. Sethi, Advocate for R2/DDA.
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may
be allowed to see the Judgment? No
2. To be referred to the Reporter or not? No
3. Whether the judgment should be
reported in the Digest? No
HIMA KOHLI, J. (ORAL)
1. The present appeal is directed against a judgment dated 15.01.2007 passed by the Reference Court in respect of the land situated in village Kakrola, covered under Award No.1/1993-94, made pursuant to the notification issued under Section 4 of the Land Acquisition Act, on 06.06.1991.
2. Counsel for the respondents/landowners states that the present appeal is covered by a common judgment delivered by the LA. APP.404/2008 Page 1 of 2 Division Bench on 23.10.2008, in a batch of matters pertaining to village Kakrola, lead matter being Ved Prakash & Ors. vs. Union of India & Ors. registered as LAA No.673/2008.
3. Counsel for the appellant/Union of India states on instructions from his client that a batch of Special Leave Petitions preferred by the Union of India against the aforesaid judgment dated 23.10.2008, have been dismissed by the Supreme Court vide order dated 09.11.2009.
4. It is worthwhile mentioning here that the respondents herein have preferred a separate appeal against the same judgment, registered as LAA 115/2010, which has been partly allowed by passing a separate order today. The present appeal filed by the Union of India, however, fails in view of the aforesaid judgment of the Division Bench, which has attained finality and has been followed by this Court. The appeal is, therefore, dismissed alongwith the pending application with no orders as to costs.
5. The date fixed in the matter, i.e, 21.05.2010, stands cancelled.
(HIMA KOHLI) JUDGE APRIL 16, 2010 rkb LA. APP.404/2008 Page 2 of 2