Mange Ram vs Union Of India & Anr.
2009 Latest Caselaw 4160 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

                         + LA. APP. 1230/2008


                                          Date of decision : 14.10.2009

IN THE MATTER OF :

MANGE RAM                                                 ..... Appellant
                         Through: Mr. Deepak Khosla, Advocate with
                         Mr. Inder Singh, Advocate

                   versus


UNION OF INDIA & ANR.                                 ..... Respondents
                    Through: Mr. Sanjay Poddar, Advocate for UOI.
                    Ms. Indrani Ghosh, Advocate for Ms. Shobhana
                    Takiar, Advocate for 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 preferred by the appellant against the

judgment a decree dated 3.10.2007, praying inter alia for enhancement of

compensation payable by the respondents, for acquiring his land, by

Rs.15,000/- per Bigha.

2. At the outset, counsel for the appellant states that a

typographical error has crept in the impugned judgment and decree dated

03.10.2007, inasmuch as in para 3 of the judgment, a mention has been

made of three Khasras bearing No. 71/1(4-16), 9(4-16) and 10/1 (4-12)

situated in the revenue estate of village Kakrola for which, the appellant

claimed one half share, but no relief has been granted in respect of the

aforesaid Khasra numbers. He reserves his right to approach the Trial

Court by way of an appropriate application for carrying out the necessary

corrections. Leave, as prayed for, is granted.

3. 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."

4. Counsel for the respondent/UOI fairly states that the appeal

preferred by the Union of India, registered as LAA No. 1069/2008

challenging the same judgment and decree dated 03.10.2007, was

dismissed by the Division Bench on 11.11.2008. He further states that his

clients are in the process of preferring an appeal against the aforesaid

judgment before the Supreme Court.

5. 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 286 days, in terms of the order dated

02.04.2009 passed in CM No.16930/2009 preferred by the appellant for

condonation of delay in filing the appeal.

The trial court record be released. File be consigned to the

record room.

                                                         (HIMA KOHLI)
OCTOBER 14, 2009                                           JUDGE
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