Delhi High Court
Union Of India vs Sat Pal & Ors. on 27 November, 2014
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: November 27, 2014
+ LA.APP. 137/2013
UNION OF INDIA ..... Appellant
Through : Mr. Sidhanth Panda, Mr.Priyabrat
Sahu, Advocates.
versus
SAT PAL & ORS ..... Respondent
Through : Ms. Neelam, Advocate for
Mr.S.K. Verma, Advocate for LRs
of R1 and R2.
Mr. S.K. Taneja, Sr. Advocate
with Mr.Puneet Taneja, Advocate
for R3/NTPC.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
CM No. 5804/2014 (application for condonation of delay in filing CM
5803/2014
There is a delay of 389 days in filing the accompanying application
under Order 22 Rule 4 for substitution of the legal heirs of the deceased
respondent No. 1 on record.
Ms. Neelam, learned counsel accepts notice on behalf of Mr. S.K.
Verma, learned counsel for legal heirs of deceased respondent No. 1 and
respondent No. 2.
LA APP. 137/2013 Page 1
For the reasons stated in paragraph No. 2 of the instant application,
the delay of 389 days in filing the accompanying application under Order
22 Rule 4 being CM No. 5803/2014 for substitution of the legal heirs of
the deceased respondent No. 1 on record, is condoned and the application
is allowed.
CM No. 5803/2014 (under Order XXII Rule 4 of CPC for bring on
record the LRs of deceased Respondent No. 1 on record)
By way of this application, the five legal heirs of deceased
respondent No. 1 are sought to be brought on record. Learned counsel for
the appellant submits that there is no other legal heir of deceased
respondent No. 1 who died on 3rd December, 2012. The copy of the death
certificate of respondent No. 1 has been placed on record.
Ms. Neelam, learned counsel accepts notice on behalf of Mr. S.K.
Verma, learned counsel for legal heirs of deceased respondent No. 1 and
respondent No. 2. She confirms that the respondent No. 1 had died on 3rd
December, 2012.
For the reasons stated in the instant application, five legal heirs of
deceased respondent No. 1 as mentioned in para 2 of the application are
brought on the record and the amended memo of parties of 27 th March,
2013 filed along with this application is taken on record.
The application is disposed of in the above terms.
LA.APP. 137/2013 & CM No. 11423/2013(Stay)
The impugned judgment of 17th July, 2012, grants the
compensation @ ` 6,51,000/- per acre with statutory benefits.
LA APP. 137/2013 Page 2
The challenge to the impugned judgment in this appeal is on the
ground that the case of respondents No. 1 and 2 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 and 2 points out that in the
instant appeal, the land of village Aali was acquired vide Notification of
3rd November, 1993 under Section 4 of the Land Acquisition Act whereas
vide Notification of 31st October, 1996 land of this village in appeal of
Bhule Ram (supra) was acquired. It was pointed out that the
compensation in these matters was assessed vide a common Award and
so the case of respondents No. 1 and 2 is at par with the case of Bhule
Ram (supra) against which a 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 and 2 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 17th July, 2012 is dismissed.
CM No. 6157/2014 (for condonation of delay in filing CM No.
6156/2014)
This application is filed by respondent No. 3/cross objector for
condoning the delay of 390 days in moving the accompanying application
being CM No. 6156/2014 for impleadment of legal heirs of deceased
respondent No. 1 on record in the cross objection/cross appeal filed on
behalf of respondent No. 3/NTPC.
LA APP. 137/2013 Page 3
Ms. Neelam, Advocate accepts notice on behalf of Mr. S.K.
Verma, Advocate for respondent No. 1 and counsel for respondent No. 2
accepts notice.
For the reasons stated in the instant application, the application is
allowed and delay condoned.
The application is disposed of in the above terms.
CM No. 6156/2014 (under Order 22 Rule 4 read with Section 151
CPC for impleadment of LRs of respondent No. 1 in the cross
objection/cross appeal on behalf of respondent No. 3.
By way of this application, the five legal heirs of deceased
respondent No. 1 are sought to be brought on record. Learned counsel for
the appellant submits that there is no other legal heir of deceased
respondent No. 1 who died on 3rd December, 2012. The copy of the death
certificate of respondent No. 1 has been placed on record.
Ms. Neelam, learned counsel accepts notice on behalf of Mr. S.K.
Verma, learned counsel for legal heirs of deceased respondent No. 1 and
respondent No. 2. She confirms that the respondent No. 1 had died on 3 rd
December, 2012.
For the reasons stated in the instant application, five legal heirs of
deceased respondent No. 1as mentioned in para 4 of the application are
brought on the record and the amended memo of parties of 28 th March,
2013 filed along with this application is taken on record.
The application is disposed of in the above terms.
CM 15098/2013
This is the cross objection/cross appeal filed by the beneficiaries
i.e. respondent No. 3/NTPC. The Registry of this court is directed to
LA APP. 137/2013 Page 4
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.
Learned Senior Counsel for respondent No. 3/Cross-objector seeks
time to argue the cross appeal.
List on 27th January, 2015.
(SUNIL GAUR)
JUDGE
NOVEMBER 27, 2014
j
LA APP. 137/2013 Page 5
