Union Of India vs Mst Anisa Khaton And Anr.
2014 Latest Caselaw 6703 Del

$~4 & 5

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: December 11, 2014

+ (i) LA.APP. 236/2014
       UNION OF INDIA                                  ..... Appellant
                     Through:        Ms. Jyoti Tyagi, Advocate for Mr.
                                     Yeeshu Jain, Advocate

                     versus

       MST ANISA KHATON AND ANR                .....Respondents
                    Through: Through: Mr. Abhishek Kumar
                             Singh, Advocate for Mr. Kunal
                             Sharma, Advocate for respondent -
                             DDA

+ (ii) LA.APP. 237/2014
       UNION OF INDIA                                  ..... Appellant
                     Through:        Ms. Jyoti Tyagi, Advocate for Mr.
                                     Yeeshu Jain, Advocate

                     versus

       JAGDISH CHAND GUPTA & ANR               .....Respondents
                    Through: Through: Mr. Abhishek Kumar
                             Singh, Advocate for Mr. Kunal
                             Sharma, Advocate for respondent -
                             DDA

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR
                              JUDGMENT

%                               (ORAL)
LA.APPs. 236 & 237 of 2014                                       Page 1

C.M.APPL. No.7249/2014 (for condonation of delay) C.M.APPL. No.7267/2014 (for condonation of delay)

There is delay of 237days' in the above-captioned first appeal and of 207 days' in the above-captioned second appeal in filing the accompanying appeals.

The averments made in paragraph No.3 of the instant applications provide sufficient cause for condoning the delay occasioned. Accordingly, these applications are allowed and the delay is condoned.

The applications are accordingly disposed of.

LA.APP. 236/2014 & C.M.APPLN.7248/2014 (Stay) LA.APP. 237/2014 & C.M.APPLN.7266/2014 (Stay)

Since these two appeals relate to acquisition of land by one Notification of 27th October, 1999 under Section 4 of the Land Acquisition Act, 1894 and pertain to the same village i.e. village Pansali, therefore, these two appeals are being taken up together and by this common judgment, they are being disposed of.

Vide impugned judgment, the compensation of the acquired land in question has been assessed at the rate of `12,85,650/- per acre with statutory benefits which is in consonance with the rate of compensation determined in cases of similarly placed claimants in LA APP. No.489/2008 titled Chiranji Lal v. UOI decided on 2nd June, 2011 by a co-ordinate Bench of this Court.

In the considered opinion of this Court, the compensation determined vide impugned judgment is fair and reasonable and there is no substance in these two appeals.

LA.APPs. 236 & 237 of 2014 Page 2 Accordingly, these two appeals and applications are dismissed.

                                                      (SUNIL GAUR)
                                                         JUDGE
       DECEMBER 11, 2014
       s




LA.APPs. 236 & 237 of 2014                                          Page 3