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I-i HIGH COURT OF DELHI
LA.APP 18/2013
NARESH KUMAR. Appellant
Through: Mr.L.B.Rai, Advocate.
28.02.2013 S CM No.1152/2013 Exemption granted subject to all just exceptions.
Application stands disposed of CM No.1151/2013 and CM No.1153/2013
These are the applications praying for condonation of 169 days delay in filing the Appeal and 291 days delay in re- filing the Appeal on the ground of illness of the counsel.
Both applications are supported by the Affidavit of the counsel Shri L.B. Rai, Avocate.
For the reason stated in the applications, delay in filing
• and re-filing the Appeal is condoned subject to the condition that the Appellant shall not be entitled to interest for the aforesaid period. •
UNION OF INDIA & ORS ..... Respondents
Through: Mr.Bankey Bihari Sharma, • Advocate for the Respondent
No.2.
2013:DHC:7868 6) r
ORDER
3. Both applications stand disposed of in the above terms. LA.APP. 18/2013
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 of this Court rendered in 'Jamna Vs. Union of India and Ors.' in LPA No.784/2005 rendered on 8t[1] July, 2011 and that compensation in this Appeal can reasonably be assessed • in terms of the said judgment.
2. I find that the only difference is that in Jamna's case compensation was assessed in respect of land situated in Village Bakkarwala as on 17th June, 2005 and as on 24th September, 2003 whereas the notification in the present case is dated 13th December, 2004. The relevant portion of the judgment in Jamna's case is reproduced herein:-
, • i.e. 20,43,07680 per acre, which I determine to be the fair market value of land in Village Bakkarwala as of24.9.2003.
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-objections filed by the land owners stands decreed as under:-.......................................... ii)...................................... 5 j iii). For the land situated in Village Bakkarwala the fair market value is fixed at Rs. 4,98,5891- per bigha i.e. Rs.23,93,227.20 per acre, as on 17.062005. For the land situated in Village Bakkarwala the fair market value is fixed at Rs. 4,25,6411- per bigha i.e. Rs. 20,43,076.80 per acre, as on 24.09.2003." In view of the aforesaid clearly the Appellant will be entitled to fair market value of the land after giving an enhancement of 10% per acre for the period intervening 24.09.2003 and 13.12.2004, i.e., Rs.22,47,384.48/- per acre as on 13.12.2004. 'Appeal stands disposed of in the above terms. REVA KHETRAPAL, J. FEBRUARY 28, 2013 k