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V/ $-5 to 13 HIGH COURT OF DELHI la'. App. Nos.78/2013 to 86/2013
UNION OF INDIA Appellant
Through: Mr, Siddharth Panda, Advocate.
UNION OF INDIA Appellant
Through: Mr, Siddharth Panda, Advocate.
VERSUS
VINEET JAIN&ANR.
USHA JAIN & ANR.
AVINASH JAIN & ANR.
RAKESH JAIN&ANR.
ANITA JAIN&ANR.
JAWAHAR LAL ALWANI & ANR.
SHEETAL KUMAR JAIN & ANR.
SUMESH JAIN&ANR.
NEETU ALWANI & ANR. Respondents
Through: Mr. Devinder Singh, Advocate for R-1 in
Item Nos.5 to 9,11 & 12.
Mr. S.K. Rout & Mr. Pramod Kumar, Advocates for R-1 in Item Nos.lO & 13.
Mr. Kunal Sharma, Advocate for the DDA.
USHA JAIN & ANR.
AVINASH JAIN & ANR.
RAKESH JAIN&ANR.
ANITA JAIN&ANR.
JAWAHAR LAL ALWANI & ANR.
SHEETAL KUMAR JAIN & ANR.
SUMESH JAIN&ANR.
NEETU ALWANI & ANR. Respondents
Through: Mr. Devinder Singh, Advocate for R-1 in
Item Nos.5 to 9,11 & 12.
Mr. S.K. Rout & Mr. Pramod Kumar, Advocates for R-1 in Item Nos.lO & 13.
Mr. Kunal Sharma, Advocate for the DDA.
CORAM:
HON'BLE MR. JUSTICE V.K. SHAH
ORDER o/o 25.07.2013 I have heard the learned counsel for the appellant as well as the learned counsel for the respondents. The learned counsel for the parties have stated that the
ORDER o/o 25.07.2013 I have heard the learned counsel for the appellant as well as the learned counsel for the respondents. The learned counsel for the parties have stated that the
JUDGMENT
passed by the High Court on 1.2.2012 in a batch ofland acquisition appeals with the lead case ofJaiPrakash vs. Union ofIndia &Anr.; 1^7 (2012) DLT 535 has already been challenged in the
Hon'ble Supreme Court by both the parties and the same is pending fmal
\ J]
2013:DHC:7923 \ V \ adjudication. So far as the present batch of appeals are concerned, the learned Additional District Judge has in the Reference Petition given the benefit ofland rates as fixed in Jai Prakash's case (supra) to the respondents whose land have been acquired. The said benefit is that for 'A' category of land, rate has been taken as ?17,45,000/-per acre and for B category, ithas been taken as ^17,01,375/- per acre.
Since the aforesaid land rates fixed by the High Court in Jai Prakash's case i^suprd) are already under challenge in the Apex Court and the learned
Reference Court has given the benefit ofthe said judgment, Ifeel that there is no other option for this court but to dismiss the appeal of the appellant/Union ofIndia.
Accordingly, the present appeals are treated as without any merit and
. . are dismissed. » ^ ^ ^ V.K.SHALI,J.
JULY 25, 2013 'AA' 2013:DHC:7923
Hon'ble Supreme Court by both the parties and the same is pending fmal
\ J]
2013:DHC:7923 \ V \ adjudication. So far as the present batch of appeals are concerned, the learned Additional District Judge has in the Reference Petition given the benefit ofland rates as fixed in Jai Prakash's case (supra) to the respondents whose land have been acquired. The said benefit is that for 'A' category of land, rate has been taken as ?17,45,000/-per acre and for B category, ithas been taken as ^17,01,375/- per acre.
Since the aforesaid land rates fixed by the High Court in Jai Prakash's case i^suprd) are already under challenge in the Apex Court and the learned
Reference Court has given the benefit ofthe said judgment, Ifeel that there is no other option for this court but to dismiss the appeal of the appellant/Union ofIndia.
Accordingly, the present appeals are treated as without any merit and
. . are dismissed. » ^ ^ ^ V.K.SHALI,J.
JULY 25, 2013 'AA' 2013:DHC:7923