Anil Jain vs Union Of India & Anr.
2010 Latest Caselaw 628 Del

Citation : 2010 Latest Caselaw 628 Del
Judgement Date : 4 February, 2010

Delhi High Court

Anil Jain vs Union Of India & Anr. on 4 February, 2010

Author: Hima Kohli

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              LA. APP. 613/2009

                                                 Date of decision : 04.02.2010
IN THE MATTER OF :

ANIL JAIN                                                  ...... Appellant
                         Through: Mr. S. Chaturvedi, Advocate

                         versus

UNION OF INDIA & ANR.                                ...... Respondents
                    Through: Mr. Sanjay Poddar, Advocate with
                    Mr. Ramesh Ray, Advocate

  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. Pursuant to the order dated 08.12.2009, counsel for the

appellant has placed on record a copy of the order dated 06.02.2008 passed

by the Division Bench of this Court in a batch of matters, lead matter being

LAA No.135/2004 entitled Narender Lal Anand vs. Union of India & Anr.

He has also placed on record a copy of the judgment and decree dated

31.03.2009 passed by the Reference Court, pursuant to the aforesaid order

of the Division Bench. Copies of the said judgments have been furnished

to the counsel for the respondent/Union of India.

2. The present appeal is directed against a judgment dated

31.08.2004 passed by the Reference Court in respect of land situated in

village Shahbad Daulatpur, subject matter of Award No.1/1998-99, made

pursuant to the notification issued under Section 4 of the Land Acquisition

Act on 28.04.1995. Counsel for the appellant states that the present

matter be remanded back to the Reference Court for being decided afresh on

the same lines as observed in the judgment in the case of Narender Lal

Anand (supra).

3. In the aforesaid case, the Division bench allowed the appeals of

the land owners seeking enhancement of compensation held payable to

them by the Reference Court and remanded the matters back to the

Reference Court with directions that the references shall be decided afresh

after affording the parties an opportunity to lead further evidence in support

of their respective versions. The operative paras of the aforesaid judgment

are reproduced hereinbelow:

"12. In the result, we allow these appeals; set aside the judgment and impugned orders passed by the reference court and remand the matters back to the reference court with the directions that it shall decide the references afresh after affording to the parties an opportunity to lead further evidence in support of their respective versions. To avoid any further confusion, we direct that the appellants shall within four weeks from the date they appear before the reference court file a list of witnesses and documents which they wish to produce in support of their claim for enhancement and produce all such documents and oral evidence on their own responsibility before the reference court on dates which the reference court shall fix for that purpose. Upon conclusion of the evidence by the appellants, the respondents may similarly file a list of witnesses and enclose documents with the same upon which they place reliance and take steps to examine such witnesses and prove such documents by adducing necessary evidence in accordance with law on dates to be fixed by the reference court. The reference court shall then examine whether the appellants land owners

have any right to lead evidence in rebuttal and in case they have, permit them to do so in accordance with law.

13. Keeping in view the fact that the matter has been hanging fire for sometime past, the reference court endeavour to expedite the disposal of the references and ensure that final orders on the same are passed not later than six months from the date the evidence is concluded on both sides. The court shall, needless to say, lend such assistance to the parties as may be necessary by issuing dasti summons to them for service upon witnesses and summoning of documents.

14. We further hold that the appellants shall be entitled to refund of the court fee paid by them on the memos of appeal. We direct the issue of a certificate in their favour to enable them to receive back from the Collector the full amount of stamp book paid on the memo of appeal. The Registry shall do the needful in accordance with the rules on the subject. There shall be no order as to costs."

4. Counsel for the appellant states that the present matter be also

remanded back as it pertains to the same village and the award and the

notification are also identical. Counsel for the respondent/Union of India has

no objection to the aforesaid submission.

5. Accordingly, the present appeal is disposed of on similar lines.

The impugned judgment dated 31.08.2004 is set aside. The matter is

remanded back to the Reference Court for it to be decided afresh after

giving opportunity to the parties to lead evidence in support of their claims.

While deciding the reference petition, the Reference Court shall bear in mind

the order dated 08.12.2009 by which, the application for condonation of

delay in filing the appeal preferred by the appellant (registered as CM

17793/2009) was allowed, subject to the condition that the appellant would