Union Of India vs Raj Singh & Ors.
2014 Latest Caselaw 6734 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of Decision: December 12, 2014

+     LA.APP. 388/2014
      UNION OF INDIA                                       ..... Appellant
                    Through:             Mr. Sanjay Kumar Pathak,
                                         Mr. Sunil Kumar Jha, Mr. Kushal
                                         Raj Tater, Advocates

                         versus

      RAJ SINGH & ORS.                                  ..... Respondents
                    Through:             Mr. Arjun Pant, Advocate for
                                         proposed respondent-DDA

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                         JUDGMENT

% (ORAL)

C.M. No.20392/2014 (under Section 149 CPC r/w Section 151 CPC) Learned counsel for appellant undertakes to place on record requisite Court fee within four weeks.

While taking the aforesaid undertaking on record, this application is disposed of.

C.M. No. 20391/2014 (u/S 151 CPC) Allowed subject to all just exceptions. Application is disposed of.

C.M. No.20393/2014(under Order 41 Rule 3A r/w Section 151 CPC) There is delay of 206 days in filing the accompanying appeal.

LA.APP No.388/2014 Page 1 The averments made in paragraphs No.2 to 4 of the application sufficiently explain the delay occasioned. The application is allowed and delay is condoned.

The application stands disposed of.

C.M. No.20395/2014 (under Order 1 Rule 10 CPC) By this application, applicant-appellant seeks impleadment of Delhi Development Authority as respondent No.2 in this appeal.

Notice.

Mr. Arjun Pant, Advocate, accepts notice of this application on behalf of proposed respondent-Delhi Development Authority.

For reasons stated in the application, it is allowed and Delhi Development Authority is impleaded as second respondent in this appeal. Amended memo of parties filed along with this application is taken on record.

The application stands disposed of.

LA.APP. 388/2014 & C.M.APPL 20394/2014 (for stay) Impugned judgment of 4th February, 2014 grants compensation in respect of acquisition of land in village Burari, Delhi vide Notification of 18th July, 2003 under Section 4 of The Land Acquisition Act while relying upon a decision of a Coordinate Bench of this Court in LA.APP.No.1092/2008, titled as Jagdeep & Ors. v. Union of India, decided on 7th June, 2011.

Upon hearing and on perusal of the impugned judgment, I find that the compensation in respect of acquired land in question has been rightly assessed by the learned Reference Court while relying upon decision of a

LA.APP No.388/2014 Page 2 Coordinate Bench of this Court in Jagdeep (supra). In the considered opinion of this Court, there is no substance in this appeal.

In view of aforesaid, this appeal and application are dismissed.

                                                         (SUNIL GAUR)
                                                           JUDGE
DECEMBER 12, 2014
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LA.APP No.388/2014                                                  Page 3