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6th March, 2014 CHANDRE (DECEASED) THROUGH LRS & ORS. ..... Appellants
Through: Mr. S.C. Gulia, Advocate.
Through: Mr. Kunal Sharma, Advocate for respondent No.2/DDA.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
C.M.Nos.19369/2013 (condonation of delay in filing) and 19370/2013
(condonation of delay in re-filing)
JUDGMENT
1. For the reasons stated in the applications, the same are allowed subject to the condition that for the period of delay in filing and re-filing the appeal, no interest will be payable to the appellants. C.M.s stand disposed of. + L.A. Appeal No.311/2013
2. The issue in the present case is of enhancement of compensation under Section 18 of the Land Acquisition Act, 1894 with 2014:DHC:1239 L.A Appeal No.311 /2013 respect to land in village Dhool Siras covered under the Award No.27/2002- 03 for notification under Section 4 dated 13.12.2000.
3. The issue in the present case is covered by the judgment passed by a learned Single Judge of this Court in L.A. Appeal No.232/2009 titled as Sh. Jai Prakash Vs. Union of India and Anr. dated 31.10.2012. As per the judgment in the case of Sh. Jai Prakash (supra) the market value of the land has been fixed at Rs.16.50 lacs for category ‘A’ land. The impugned judgment in the present case shows that the subject land of the appellants is category ‘A’ land and this is so mentioned in para 12 of the impugned judgment.
4. In view of the above, the appeal is allowed and appellants will be entitled to compensation @ Rs.16,50,000/- for the category ‘A’ land and all other statutory benefits except the interest for the period of delay as stated above. Parties are left to bear their own costs.
MARCH 06, 2014 VALMIKI J. MEHTA, J. Ne