Union Of India vs Smt. Phool Kaur & Anr.
2014 Latest Caselaw 5630 Del

Citation : 2014 Latest Caselaw 5630 Del
Judgement Date : 10 November, 2014

Delhi High Court

Union Of India vs Smt. Phool Kaur & Anr. on 10 November, 2014

    *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of Decision: 10th November, 2014
+       LA.APP. 164/2013
        UNION OF INDIA                                    ..... Appellant
                      Through:          Mr. Siddharth Panda &
                                        Mr. Priyabrat Sahu, Advocates

                           versus

        SMT PHOOL KAUR & ANR.                          ..... Respondents
                     Through: Nemo.

        CORAM:
        HON'BLE MR. JUSTICE SUNIL GAUR

                              JUDGMENT

(Oral)

C.M. No.13930/2013 (u/O XXXXI Rule 3A r/w Sec. 151 CPC & Sec. 5 of the Limitation Act)

The stand taken in paragraph No.3 of the instant application discloses bureaucratic lethargy, which has caused delay of 256 days' in filing the accompanying appeal. Applying the parameters governing condonation of delay, as reiterated by the Apex Court in Esha Bhattacharjee Vs. Raghunathpur Nafar Academy (2013) 12 SCC 649 to the instant case, I find that delay occasioned has not been satisfactorily explained. Hence, this application is dismissed.

LA.APP. 164/2013 & C.M.No.13929/2013 (for stay)

Impugned judgment grants compensation for 'A' category of land

LA.APP.No.164/2013 Page 1 @ `19,43,500/- per acre with consequential benefits to respondents in respect of their land situated in village Rajapur Kalan, Delhi, which was acquired vide Notification of 27th January, 2003, under Section 4 of the Land Acquisition Act, 1894.

Since appellant's application seeking condonation of delay stands dismissed, therefore, this appeal is dismissed as time barred. Even on merits, impugned order suffers from no infirmity or illegality, as it grants compensation at par with compensation granted to similarly situated persons in LA.APP No. 266/2008, Jai Singh Vs. Union of India & Anr., decided by a Coordinate Bench of this Court on 23rd August, 2011. Application for stay is dismissed as infructuous.



                                                        (SUNIL GAUR)
                                                          JUDGE

NOVEMBER 10, 2014
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LA.APP.No.164/2013                                                   Page 2