Ombir v. Union of India & Anr

1. By way of the present applications, the applicant seeks condonation of 2110 days' delay in filing the appeal and condonation of 736 days' delay in re-filing the appeal. On the aspect of delay in filing the appeal, the appellant has stated on affidavit that he was unaware of his legal rights to file the appeal and was made aware of the same by other villagers and immediately thereupon he preferred the Appeal. For the delay in re-filing the Appeal, it is stated that the delay was caused on account of the illness of the counsel and the application is supported by the affidavit ofthe counsel.

2. Learned counsel for the Appellant states that in the case of similarly situated Appellants, the delay has been condoned 2013:DHC:7918 lA subject to the condition that the Appellants have been held not entitled to interest forthe periodof delay.

3. In view of the aforesaid, the prayer for condonation of delay in both the aforesaid applications is allowed subject to the,condition that the Appellant shall not be entitled to interest for the aforesaid period. LA.APP. 60/2013

1. The learned counsel for the Appellant states, and it is not disputed bythe Respondents, that the present case is covered by the judgment of this Court rendered in ^Jamna Vs. Union of India and Ors' in LPA No.784/2005 rendered on July, 2011 and that compensation in this Appeal can reasonably be assessed in terms ofthe saidjudgment.

2. The notification under Section 4 of the Land Acquisition Act in the present case is dated 25^'' February, 1997 pertaining to village Mundka, Delhi which has already been dealt with by this Court in Jamna's case(Supra). The relevant portion of the judgment in Jamna's case is reproduced herein:- "33. Accordingly, the appeals filed by the Union of India require to be dismissed and I hereby dismiss the same. The appeals filed by the land owners and the cross-objectionsfiled by the land owners stands decreed as under i) For the land falling in Category A land in Village Mundka thefair market value isfixed at is Rs. 2,49,408.75per bigha i.e. Rs. 11,97,162/-per acre and for Category B lands, the fair market value is fixed at Rs. 2,01,117/- per bigha i.e. Rs. 9,65,361.60per acre, as on 25.02.1997. ii). in). iv) })

3. In view of the aforesaid clearly the appeal is allowed in terms ofthe judgment ofthis Court in the case ofJamna (Supra).

4. LA.APP. 60/2013 stands disposed of in the above terms. /L- ®VA KHETRAPAL, J. REVA APRIL 08, 2013 sk