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High CourtsSingle Bench(2010) 05 DEL CK 0168

Surat Singh vs Union of India and Another

Delhi High Court · Decided on 26 May 2010

HON’BLE JUDGES
Hima Kohli, J
RESULT
Dismissed
CASE NUMBER
LA. App. No. 587 of 2010

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Judgment

6 paragraphs · 344 words

Hima Kohli, J.—The present appeal is directed against the order dated 6.1.2007 passed by the Additional District Judge on a reference filed by the appellant in respect of the land situated in village Kakrola covered under the Award No. 1/93-94, praying inter alia for enhancement of compensation payable by the respondents, for acquiring their land, by Rs. 1,20,500/- per Bigha. The UOI has also preferred an appeal registered as LAA No. 623/2009 seeking reduction of the compensation fixed by the Reference Court @ Rs. 1,09,500/- per bigha.

2.

Counsel for the appellant states that the present appeal is covered by a common judgment delivered by the Division Bench on 23.10.2008, in a batch of matters pertaining to village Kakrola, lead matter being Ved Prakash & Ors. vs. Union of India & Ors. registered as LAA No. 673/2008. Para 35 of the aforesaid judgment is reproduced hereinbelow for ready reference:

35.

In these circumstances, the appeals of the land owners are partly allowed by enhancing the compensation from Rs. 1,09,500/- to Rs. 1,20,500/- . These appeals are allowed in the aforesaid manner with proportionate costs. The appellants shall also be entitled to all other statutory benefits as awarded by the learned ADJ. All the pending applications also stand disposed of. As a consequence, the appeals preferred by the UOI are also dismissed.

3.

Guided by the aforesaid judgment dated 23.10.2008, passed in the case of Ved Prakash (supra), the present appeal, filed by the landowner, is allowed by enhancing the compensation payable to the appellant herein from Rs. 1,09,500/- to Rs. 1,20,500/- per Bigha. The appellant shall also be entitled to all other statutory benefits as awarded by the learned ADJ. However, it is clarified that the appellant shall not be entitled to any interest for a period of 1133 days on the enhanced compensation and costs in the appeal, in terms of the order passed today in CM No. 10122/2010 preferred by the appellant for condonation of delay in filing the appeal.

Decree shall be drawn accordingly.

File be consigned to the record room.