Union Of India vs Brig R.K.Ghai & Ors.
2014 Latest Caselaw 6255 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                      Date of Decision: November 27, 2014

+     LA.APP. 136/2013

      UNION OF INDIA                              ..... Appellant
                    Through :         Mr. Sidhanth Panda, Mr.Priyabrat
                                      Sahu, Advocates.
                         versus

      BRIG R.K. GHAI & ORS.                        ..... Respondent
                     Through :        Mr. Inderjeet Singh, Adv. for R1 to
                                      R3.
                                      Mr. S.K. Taneja, Sr. Advocate with
                                      Mr.Puneet Taneja, Advocate for
                                      R4/NTPC.
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                         JUDGMENT

% (ORAL)

LA.APP. 136/2013 & CM 11407/2013 (STAY)

The impugned judgment of 29th January, 2013 grants the compensation @ `9,53,130 per acre with statutory benefits.

The challenge to the impugned judgment in this appeal is on the ground that the case of respondents No. 1 to 3 is not at par with the case bearing LAA No. 173/2007 in Bhule Ram v. UOI and Ors. decided on 3rd June, 2010.

Learned counsel for respondents No. 1 to 3 points out that in the instant appeal as well as in the appeal filed by Bhule Ram, the land of village Aali was acquired vide the same Notification of 31 st October, 1996 under Section 4 of the Land Acquisition Act and the compensation LA. APP. 136/2013 Page 1 was assessed vide a common Award and so the case of respondents No. 1 to 3 is at par with the case of Bhule Ram (supra) against which Special Leave Petition has already been dismissed by the Apex Court.

At the hearing, learned counsel for the appellant was not in a position to show as to how the case of respondents No. 1 to 3 is not at par with the case of Bhule Ram (supra).

In view of the aforesaid, the appellant's appeal and the application against the impugned judgment of 29th January, 2013 is dismissed. CM No. 15091/2013 This cross objection/cross appeal is filed by the beneficiaries i.e. respondent No. 4/NTPC. The Registry of this court is directed to register the cross objection/cross appeal as a fresh Land Acquisition Appeal and number the same.

The cross objector shall place on record a fresh Memo of Parties within a period of four weeks from today.

The notice of the appeal is accepted by learned counsel for respondents No. 1 to 3 who seeks four weeks' time to respond to the same.

Rejoinder thereto, if any, be filed within two weeks thereafter. List on 27th January, 2015.

                                                          (SUNIL GAUR)
                                                            JUDGE

        NOVEMBER 27, 2014
        j


LA. APP. 136/2013                                                      Page 2