Union Of India vs Harphool Deceased Thr. Lrs And ...
2010 Latest Caselaw 1987 Del

*            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

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