Union Of India & Anr. vs Smt. Devi Jain & Ors.
2008 Latest Caselaw 1554 Del

*             HIGH COURT OF DELHI : NEW DELHI

             Date of order: September 04, 2008

                     R.F.A. No.270 of 1997

%    Union of India & Anr.              ...       Appellants
                 Through:    Mr. Sanjay Poddar, Advocate.

                               versus

     Smt. Devi Jain & Ors.              ...       Respondents
                 Through:    Mr. Naresh Mann Advocate for Mr.I.S.
                             Dahiya.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE SUNIL GAUR

1. Whether the Reporters of local papers may
  be allowed to see the judgment?

2. To be referred to Reporter or not?

3. Whether the judgment should be reported
  in the Digest?

PRADEEP NANDRAJOG, J. (Oral)

1. Heard learned counsel for parties.

2. Learned counsel for the respondent concedes that the

direction in the impugned award directing benefit of Section 4(3)

of the Land Acquisition Act, 1894 has wrongly been allowed by

the learned reference Court for the reason that the award in

question is dated 14.7.1980.

3. At the same time, learned counsel for the appellant

concedes that the respondent would be entitled to the benefit of

the decision reported in Sunder vs. Union of India 93 DLT (2001)

579.

4. We thus dispose of the appeal modifying the impugned

judgment and decree by setting aside the direction that the

respondent would be entitled to the benefit of section 4(3) of

the Land Acquisition Act, 1894. We further modify the decree by

directing that the respondent would be entitled to the benefit

which was directed to be given to the land owners by the

Hon'ble Supreme Court in Sunder vs. Union of India.

5. No costs.

PRADEEP NANDRAJOG, J

SUNIL GAUR, J

September 4, 2008 PKB