* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LA.APP. 427/2010
Date of decision : 17.05.2010
IN THE MATTER OF :
CHARAN SINGH THR LRS ..... Appellants
Through : Mr. Kunwar Udai Bhan, Adv.
versus
UNION OF INDIA & ANR ..... Respondents
Through : Mr. Ramesh Ray, Adv. for UOI.
Ms. Sapna Chauhan, Adv. for DDA.
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may No
be allowed to see the Judgment?
2. To be referred to the Reporter or not? No
3. Whether the judgment should be No
reported in the Digest?
HIMA KOHLI, J. (ORAL)
1. The present appeal is directed against the order dated 3.11.2007 passed by the Additional District Judge on a reference filed by the predecessor-in-interest of the appellants in respect of the land situated in village Kakrola covered under the Award No.1/93-94, praying inter alia for enhancement of compensation payable by the LA. APP. 427/2010 Page 1 of 3 respondents, for acquiring their land, by Rs.1,20,500/- per Bigha. The UOI has also preferred an appeal registered as LAA No.623/2009 seeking reduction of the compensation fixed by the Reference Court @ Rs.1,09,500/- per bigha.
2. Counsel for the appellants states that the present appeal is covered by a common judgment delivered by the 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. Para 35 of the aforesaid judgment is reproduced hereinbelow for ready reference:
"35. In these circumstances, the appeals of the land owners are partly allowed by enhancing the compensation from Rs.1,09,500/- to Rs.1,20,500/-. These appeals are allowed in the aforesaid manner with proportionate costs. The appellants shall also be entitled to all other statutory benefits as awarded by the learned ADJ. All the pending applications also stand disposed of. As a consequence, the appeals preferred by the UOI are also dismissed."
3. Guided by the aforesaid judgment dated 23.10.2008, passed in the case of Ved Prakash (supra), the present appeal, filed by the landowners, is allowed by enhancing the compensation payable to the appellants herein from Rs.1,09,500/- to Rs.1,20,500/- per Bigha. LA. APP. 427/2010 Page 2 of 3 The appellants shall also be entitled to all other statutory benefits as awarded by the learned ADJ. However, it is clarified that the appellant shall not be entitled to any interest for a period of 806 days on the enhanced compensation and costs in the appeal, in terms of the order dated 28.4.2010 passed in CM No.7795/2010 preferred by the appellants for condonation of delay in filing the appeal.
Decree shall be drawn accordingly.
File be consigned to the record room.
(HIMA KOHLI)
MAY 17, 2010 JUDGE
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LA. APP. 427/2010 Page 3 of 3