Full Text
•
'
'....
CD
HIGH COURT OF DELHI
LA.APP. 59/2013
P.D. GOEL AND SONS
Through:
Through:
Ms. Shobhana Takiar, Advocate for R-2.
HON'BLE MS. JUSTICE REVA KHETRAPAL
ORDER (ORAL)
: REVA KHETRAPAL, J.
CM No.4473/2013 Exemption granted subject to all just exceptions.
Application stands disposed of.
CM No.4472/2013
JUDGMENT
1. By way of the present application, the Appellants seeks condonation of 730 days delay in re-filing the Appeal on the ground of illness of the counsel. The application is supported by the Affidavit ofthe counsel Shri L.B. Rai, Advocate.
2. For the reason stated in the application, the delay in re-filing the Appeal is condoned subject to the condition that the Appellant shall not be entitled to interest for the aforesaid LA. APP. 5912013 Page 1 of[3] 2013:DHC:7916 • period.
3. Application stands disposed ofaccordingly. CM No.447112013
1. By way of the present application, the Appellant seeks condonation of delay in filing the Appeal. The Appellant has stated on Affidavit that he was unaware of his legal right to file an Appeal and on coming to know about his right to file Appeal from other villagers, he immediately filed the same.
2. For the reason stated in the application, the delay in filing the Appeal is condoned subject to the condition that the Appellant shall not be entitled to interest for the aforesaid period.
3. Application stands disposed ofaccordingly. LA.APP. 59/2013
1. The learned counsel for the Appellant states, and it is not disputed by the Respondents, that the present case is covered by the judgment ofthis Court rendered in 'Jamna Vs. Union of India and Ors' in LPA No.784/2005 rendered on gth July, 2011 and that compensation in this Appeal can reasonably be assessed in terms ofthe said judgment.
2. The notification under Section 4 ofthe Land Acquisition Act in the present case is dated 25th February, 1997 pertaining to Village Mundka, Delhi which has already been dealt with by this Court in Jamna's case (Supra). The relevant portion ofthe judgment in Jamna's case is reproduced herein:- LA. APP. 5912013 "33. Accordingly, the appeals filed by the Union of India require to be dismissed and I Page2of[3].) • hereby dismiss the same. The appeals filed by the land owners and the cross-objections filed by the land owners stands decreed as under:i) For the land falling in Category A land in Village Mundka the fair market value is fixed at is ~ 2,49,408. 75 per bigha i.e. ~ 11,97,1621- per acre and for Category B lands, the fair' market value is fixed at ~ 2,01,1171- per bigha i.e. ~ 9,65,361.60 per acre, as on 25.02.1997. ii) iii) iv)........................................................................................... "
3. In view of the aforesaid the appeal is allowed in terms of the judgment of this Court in the case ofJamna (Supra).
4. LA.APP. 59/2013 stands disposed of in the above terms. March 15, 2013 km LA. APP. 5912013 ~- (Wr-.,-l
REVA KHETRAPAL (JUDGE) Page3of[3]