Chandre (Deceased) Through Lrs & ... vs Union Of India & Anr.
2014 Latest Caselaw 1224 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                   L.A. Appeal No.311/2013

%                                                    6th March, 2014

CHANDRE (DECEASED) THROUGH LRS & ORS. ..... Appellants
                Through: Mr. S.C. Gulia, Advocate.

                          Versus
UNION OF INDIA & ANR.                                     ..... Respondents
                   Through:              Mr. Kunal Sharma, Advocate for
                                         respondent No.2/DDA.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

C.M.Nos.19369/2013 (condonation of delay in filing) and 19370/2013
(condonation of delay in re-filing)

1.           For the reasons stated in the applications, the same are allowed

subject to the condition that for the period of delay in filing and re-filing the

appeal, no interest will be payable to the appellants.

             C.M.s stand disposed of.

+ L.A. Appeal No.311/2013

2.           The issue in the present case is of enhancement of

compensation under Section 18 of the Land Acquisition Act, 1894 with

L.A Appeal No.311 /2013                                              Page 1 of 2
 respect to land in village Dhool Siras covered under the Award No.27/2002-

03 for notification under Section 4 dated 13.12.2000.

3.           The issue in the present case is covered by the judgment passed

by a learned Single Judge of this Court in L.A. Appeal No.232/2009 titled as

Sh. Jai Prakash Vs. Union of India and Anr. dated 31.10.2012. As per the

judgment in the case of Sh. Jai Prakash (supra) the market value of the land

has been fixed at Rs.16.50 lacs for category 'A' land.           The impugned

judgment in the present case shows that the subject land of the appellants is

category 'A' land and this is so mentioned in para 12 of the impugned

judgment.

4.           In view of the above, the appeal is allowed and appellants will

be entitled to compensation @ Rs.16,50,000/- for the category 'A' land and

all other statutory benefits except the interest for the period of delay as stated

above. Parties are left to bear their own costs.




MARCH 06, 2014                                 VALMIKI J. MEHTA, J.

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