Shri Ram Niwas & Anr vs Union Of India & Anr
2010 Latest Caselaw 2754 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                               LA.APP. 578/2010


                                             Date of decision : 24.05.2010

IN THE MATTER OF :

       SHRI RAM NIWAS & ANR                 ..... Appellants
                    Through : Mr. Deepak Khosla, Adv.


                    versus


       UNION OF INDIA & ANR                 ..... Respondents
                     Through : Mr. Ramesh Ray, Adv. for UOI.
                               Mr. Amit Mehra, proxy counsel for
                               Mr. Ajay Verma, Adv. for DDA.



CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may        No
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?       No

     3. Whether the judgment should be               No
        reported in the Digest?


HIMA KOHLI, J. (ORAL)

1. The present appeal is directed against the order dated

20.10.2006 passed by the Additional District Judge on a reference filed

by the appellants in respect of the land situated in village Kakrola

covered under the Award No.1/93-94, praying inter alia for

enhancement of compensation payable by the respondents, for

acquiring their land, by Rs.1,20,500/- per Bigha. The UOI has also

preferred an appeal registered as LAA No.623/2009 seeking reduction

of the compensation fixed by the Reference Court @ Rs.1,09,500/- per

bigha.

2. Counsel for the appellants 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."

3. Guided by the aforesaid judgment dated 23.10.2008,

passed in the case of Ved Prakash (supra), the present appeal, filed by

the landowners, is allowed by enhancing the compensation payable to

the appellants herein from Rs.1,09,500/- to Rs.1,20,500/- per Bigha.

The appellants 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 1080

days on the enhanced compensation and costs in the appeal, in terms

of the order passed today in CM No.9867/2010 preferred by the

appellants for condonation of delay in filing the appeal.

Decree shall be drawn accordingly.

File be consigned to the record room.

                                                            (HIMA KOHLI)
MAY 24, 2010                                                   JUDGE
sk