Union of India v. Anand & Ors.; Union of India v. Ram Kishan & Ors.

Delhi High Court · 10 Dec 2014 · 2014:DHC:6927
Sunil Gaur
LA.APP.Nos.336 & 338 of 2014
2014:DHC:6927
property appeal_dismissed

AI Summary

The Delhi High Court dismissed the Union of India's appeals challenging compensation awarded for land acquisition in village Bamnoli, upholding the Reference Court's assessment as fair and reasonable.

Full Text
Translation output
LA.APP.Nos.336 & 338 of 2014 Page 1 HIGH COURT OF DELHI
Dated of Decision: 10th December, 2014
LA.APP. 336/2014
UNION OF INDIA ..... Appellant
Through: Ms.Jyoti Tyagi, Advocate
VERSUS
ANAND & ORS ..... Respondents
Through: Mr.Abhishek Kumar Singh, proxy counsel for Mr.Kunal Sharma, Advocate for R-3/DDA.
LA.APP. 338/2014
UNION OF INDIA ..... Appellant
Through: Ms.Jyoti Tyagi, Advocate
VERSUS
RAM KISHAN & ORS ..... Respondents
Through: Mr.Abhishek Kumar Singh, proxy counsel for Mr.Kunal Sharma, Advocate for R-3/DDA.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
ORAL
CM No. 14367/2014 (delay in re-filing) LA.APP.No. 336/2014
CM No. 14404/2014 in LA.APP.No. 338/2014 Delay of 90 days in re-filing the accompanying appeal is condoned for the reasons stated in the application.
Application is disposed of.
2014:DHC:6927 LA.APP.Nos.336 & 338 of 2014 Page 2
CM No. 14366/2014 (delay in filing) in LA.APP.No.336/2014
CM No. 14403/2014 (delay in filing) in LA.APP.No.338/2014
There is a delay of 77 days and 12 days respectively in filing the accompanying appeal which stands duly explained in paragraph no.3 of instant applications. Accordingly, the applications are allowed and the delay is condoned.
LA.APP. 336/2014 & LA.APP.338/2014
Learned counsel for appellant submits that both these appeals can be heard together as they pertain to the same village and relate to the same Notification. Therefore, these appeals were heard together and are being disposed of by this common judgment.
Impugned judgment assessed compensation of land in village
Bamnoli which was acquired in pursuance to Notification of 4th November, 2004 under Section 4 of the Land Acquisition Act. The
Reference Court has relied upon the decision of this Court in
LA.APP.No. 115/2011 Jai Prakash vs. Union of India & Anr. decided on 1st February, 2012 to determine the compensation in these appeals.
Upon hearing and on perusal of the impugned judgment and the aforesaid decision, I find that the compensation assessed in the impugned judgment is the fair compensation. There is no substance in these appeals. Accordingly, both these appeals are dismissed.
(SUNIL GAUR)
JUDGE
DECEMBER 10, 2014 mb 2014:DHC:6927