Delhi High Court
Kalawati vs Uoi & Anr. on 9 December, 2009
Author: Hima Kohli
10.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LA.APP. No. 391/2009
Decided on : 09.12.2009
IN THE MATTER OF :
KALAWATI ..... Appellant
Through : Mr. Kanwar Udai Bhan, Adv.
versus
UOI & ANR. ..... Respondents
Through : Mr. Sanjay Poddar, Adv.
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)
C.M. No.7540/2009 (exemption)
Allowed, subject to all just exception.
C.M. No.7539/2009 (for condonation of delay)
At the outset, counsel for the appellant states that in case the delay of
506 days in preferring the accompanying appeal is condoned, the appellant
shall not claim interest on the enhanced amount for the period of delay as
also costs in the appeal.
Counsel for the respondent states that he has no objection to the
aforesaid suggestion made by the counsel for the appellant. Accordingly,
the present application is allowed with the condition that the appellant shall
not be entitled to claim interest on the enhanced amount for the period of
delay of 506 days in preferring the appeal and costs in the appeal.
The application is disposed of.
LA.APP. 391/2009
1. The present appeal is preferred by the appellant against the
judgment a decree dated 17.9.2007, praying inter alia for enhancement of
compensation payable by the respondents, for acquiring her land, by
Rs.11,000/- per Bigha.
2. Counsel for the appellant 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. Counsel for the respondent/UOI fairly states that the appeal
preferred by the Union of India, registered as LAA No.740/2008 challenging
the same judgment and decree dated 17.9.2007, was dismissed by the
Division Bench on 23.10.2008 along with Ved Prakash & Ors.(supra). He
further states that his clients are in the process of preferring an appeal
against the aforesaid judgment before the Supreme Court.
4. Guided by the aforesaid judgment dated 23.10.2008, passed in
the case of Ved Prakash (supra), the present appeal is partly allowed by
enhancing the compensation payable to the appellant herein from
Rs.1,09,500/- to Rs.1,20,500/- per Bigha, with proportionate costs. The
appellant 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 506 days, in terms of the order dated
09.12.2009 passed in CM No.7539/2009 preferred by the appellant for
condonation of delay in filing the appeal.
5. The trial court record be released. File be consigned to the
record room. No orders as to costs.
HIMA KOHLI,J
DECEMBER 09, 2009
sk
