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LA.APP. 19/20 13 NIRANJAN SINGH Appellant
Through: Mr.L.B.Rai, Advocate.
Through: Mr. A.S. Rao, Law Officer, DMRC
ORDER (ORAL)
REVA KHETRAPAL, J.
CM No.1156/2013 - Exemption granted subject to all just exptions.
Application stands disposed of CM No.1157/2013
By way of the present application, the Appellant seeks condonation of 40 days delay in re-filing the Appeal on the ground of illness of the counsel. The application is supported by the Affidavit of the counsel Shri L.B. Rai, Advocate.
For the reason stated in the application, delay in re-filing the
Appeal is condoned subject to the condition that the Appellant shall not be entitled to interest for the aforesaid period.
LA. APP. 1912013 -3 2013:DHC:7870 Application stands disposed of accordingly.
CM No.1155/2013
JUDGMENT
1. By way of the present application, the Appellant seeks condonation of 2203 days 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, 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 of accordingly. LA.APP. 19/2013 The learned counsel for the Appellant states, and it is not disputed by the 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 8th July, 2011 • and that compensation in this Appeal can reasonably be assessed in terms of the said judgment. The notification under Section 4 of the 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 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 LA. APP. 1912013 Pare 2 of 3 5; hereby dismiss the same. The appeals filed by the land owners and the cross-objections filed by the land owners stands decreed as under:- For the land falling in Category A land in Village Mundka the fair market value is fixed at is Rs. 2,49,408.75 per bigha i.e. Rs. 11,97,1621-per acre and for Category B lands, the fair market value is fixed at Rs. 2,01,117/- per bigha i.e. Rs. 9,65,361.60 per acre, as on 25.02.1997.............................................................................. iv).................................. In view of the aforesaid clearly the appeal is allowed in terms of the judgment of this Court in the case of Jamna (Supra). LA.APP. 19/2013 stands disposed of in the above terms.
REVA KIIETRAPAL (JUDGE) March 04, 2013 k