Darshan Singh & Ors vs Uoi & Ors
2012 Latest Caselaw 2653 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Date of Judgment:23.04.2012.

+     CM(M) 723/2009 & CM No.10368/2009


      DARSHAN SINGH & ORS                             ..... Petitioner
                  Through                 Mr. I.S. Dahiya, Adv.

                      versus


      UOI & ORS                                       ..... Respondent
                               Through    Mr. Sanjay Kumar Pathak, Adv.


      CORAM:
      HON'BLE MS. JUSTICE INDERMEET KAUR


INDERMEET KAUR, J. (Oral)

1 Order impugned is dated 06.08.2008 whereby the interest had

been declined to the legal representatives of the petitioner for the period

as noted in the impugned order.

2 Record shows that an Award under Section 11 of the Land

Acquisition Act (hereinafter referred to as the 'said Act') had been

passed in favour of the successor in interest of the petitioners on

19.06.1992; Reference petition under Section 18 of the said Act had

been preferred on 03.08.1992.

3 IP No. 1 had expired on 28.06.1884, IP No. 2 had expired on

26.03.1999 & IP No. 3 had expired on 13.11.2003.The impugned order

had except for the period of 90 days (the limitation period for filing an

application under Order XXII Rule 4 of the Code of Civil Procedure

(hereinafter referred to as the 'Code') disallowed the interest to the

legal representatives of the deceased for the period thereafter i.e. no

interest was allowed to IP Nos. 1, 2 & 3 after 28.09.1994, 26.09.1999

and 13.02.2003 respectively. Reference petition was filed and taken

cognizance of on 20.08.2007; application under Order 22 Rule 4 of the

Code was filed on 15.3.2008.

4 Counsel for the petitioner has placed reliance upon a judgment of

a Bench of this Court reported in 157 (2009) DLT 210 Dayanand Dec.

Through LRs.Vs. UOI to support his claim that he was entitled to

interest for the period after 15.03.2008 when the application under Order

XXII Rule 4 of the Code had been allowed. In the judgment of

Dayanand (Supra) a reference petition had been filed on 22.11.2002;

application under Order XXII Rule 3 of the Code was filed on

31.10.2006; the Court had returned a finding that except for the

intervening period between 20.10.2005 up to 31.10.2006, the legal

representatives of the deceased would be entitled to interest.

5 In view of the ratio of the aforenoted judgment, in the instant case

as well except for the period from 20.08.2007 up to 15.03.2008 (for

which period no interest shall be granted) the legal representatives of the

deceased will be entitled to interest thereafter.

6 With these directions, petition disposed of.

                                               INDERMEET KAUR, J
APRIL      23, 2012
A