Shanti Devi & Anr. vs Union Of India & Anr
2010 Latest Caselaw 853 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                            LA. APP. 84/2010

                                             Date of decision : 15.02.2010
IN THE MATTER OF :
SHANTI DEVI & ANR.                                  ..... Appellants
                        Through: Mr. S.K. Rout, Advocate with
                        Mr. M.K. Pradhan, Advocate and
                        Ms. Sunita Kumari, Advocates
                        versus

UNION OF INDIA & ANR                        ..... Respondents
                   Through: Mr. Ramesh Ray, Advocate for R1/UOI.
                   Ms. Shobhana Takiar, Advocate for R2/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

20.04.2006 passed by the Reference Court in respect of land situated

in village Tikri Kalan, covered under Award No.17/1997-98, pursuant

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

on 16.11.1995.

2. Counsel for the appellants states that the present appeal is

covered by a common judgment delivered by the Division Bench on

19.12.2008, in a batch of matters pertaining to village Tikri Kalan, lead

matter being Pratap Singh (deceased) through LRs vs. Union of India &

Ors.' registered as LA.APP. No. 193/2006. Counsel for the

respondent/Union of India states that he has obtained instructions

from his client and verified that the Union of India has not preferred

any appeal against the impugned judgment and decree. He further

states that the aforesaid judgment in the case of Pratap Singh (supra)

has attained finality in view of the fact that the Special Leave Petition

preferred by the respondent/Union of India as also by the landowners,

registered as SLP(Civil) No. 573-628/2010 has been dismissed by the

Supreme Court vide order dated 05.01.2010.

3. Guided by the judgment in the case of Pratap Singh

(supra), it is held that the market value for the land falling in category

'A' shall be maintained at Rs.2,15,160.00 per bigha and for category

'B' land at Rs.1,73,500.00. In addition to the market value, statutory

benefits as granted to the appellant in the case of Pratap Singh

(supra) shall also be granted to the appellants herein. However, it is

clarified that the appellants shall not be entitled to claim interest on

the enhanced compensation for the period of delay of 1224 days in

preferring the appeal and costs in the appeal, in terms of the orders

dated 27.01.2010 passed in CM 1553/2010 preferred by the appellants

for condonation of delay in filing the appeal.

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

accordingly. Files be consigned to the record room.

(HIMA KOHLI) JUDGE FEBRUARY 15, 2010/rkb