Union Of India vs Sher Singh & Ors.
2010 Latest Caselaw 850 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              LA. APP. 36/2010

                                                 Date of decision : 15.02.2010

IN THE MATTER OF :

UNION OF INDIA                                           ..... Appellant
                         Through: Mr. Ramesh Ray, Advocate


                         versus


SHER SINGH & ORS.                                          ..... Respondents
                         Through: Mr. S.K. Rout, Advocate with
                         Mr. M.K. Pradhan, Advocate and Ms. Sunita Kumari,
                         Advocate for R1 to R6.
                         Mr. Amit Mehra, Advocate for Mr. Ajay Verma,
                         Advocate for R7/DDA.

  CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may          Yes
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?         Yes

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


HIMA KOHLI, J. (ORAL)

1. The present appeal is directed against a judgment dated

20.05.2005 passed by the Reference Court in respect of land situated in

village Kakrola, covered under Award No.1/1993-94, pursuant to the

notification issued under Section 4 of the Land Acquisition Act, on

06.06.1991.

2. Counsels for the parties state 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 herein below 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. Guided by the aforesaid judgment dated 23.10.2008, passed in

the case of Ved Prakash (supra), the present appeal is allowed by reducing

the compensation payable to the respondents herein from Rs.1,25,000/- to

Rs.1,20,500/- per Bigha, with proportionate costs. The respondents shall

also be entitled to all other statutory benefits as awarded by the learned

ADJ.

4. The appeal is disposed of. Decree sheet be prepared accordingly.

File be consigned to the record room.

(HIMA KOHLI) JUDGE FEBRUARY 15, 2010 rkb