Full Text
HIGH COURT OF DELHI
LA.APP. 647/2011
SUNITA Appellant
Through: Mr. Manish Vats, Advocate
Through: Mr. Sanjay Kumar Pathak, Advocate for respondent No. 1/UOI
Mr. Paramhans, Advocate for Mr. Arun Birbal, Advocate for respondent Nc.2/DDA.
28.09.2011
This application is filed by the appellant praying inter a/ia for condonation of delay of 5 days in filing the accompanying appeal.
For the reasons stated in the application, particularly paras 3 and 4 thereof, the same is allowed. The delay of 5 days in filing the accompanying appeal is condoned.
The application is disposed of.
ORDER
1. By way of the present appeal, the appellant has assailed the judgment dated 04.06.2011 passed by the Reference Court in LAC LA.APP. 64712011 Page 1 of[3] 2011:DHC:15689 No.84/10 arising out of Award No.13/DC(W)/2006-07 pertaining to village Mundka, pursuant to the notification dated 17.06.2005 issued under Section 4 of the Land Acquisition Act 1894 (in short 'the Act').
2. Counsel for the appellant submits that the present case is squarely covered by the judgment of a co-ordinate Bench (Pradeep Nandrajog, J.) passed in a batch of matters, lead matter being LAAPP.784/2005 entitled Jamna vs. UOI & Ors. decided as 0 recently as on 08.07.2011. Learned counsel particularly draws the attention of this Court to the operative paras 31 and 33 of the aforesaid judgment, relevant portions of which are reproduced herein below:- "31. As noted hereinabove, in Chiranii Lal's case (sura), pertaining to the notification dated 6.2.2003, fair market value assessed by me was 4,03,425/per bigha and thus, increasing the same by 10% for 2 years and 131 days, the figure comes to 4,98,589/- per bigha, which comes to 23,93,227.20 per acre. The same is held by me to be the fair market value of land in Village Mundka and Village Bakkarwala as of 17.6.2005. I decree the same. xxx xxx xxx
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:i) xxx LAAPP. 64712011 IA XXX For the land situated in village Mundka the fair market value is fixed at !4,98,589/- per bigha, i.e. 23,93,227.20 per acre, as on 17.06.2005. xxx xxx Appellants and cross-objectors who have succeeded would also be entitled to solatium and interest as per statute and as clarified in the decision reported as 93(2001) DLT 569 Sunder vs. UOl, for the compensation, paid originally and as enhanced by the Reference Court and finally on the sum enhanced by the present judgment and decree." It is submitted by the counsel for the appellant that the appellant is also entitled to the relief as granted to other similarly placed appellants in the aforesaid batch of matters. Following the aforesaid decision dated 08.07.2011 in the case of Jamna (surwa), the present appeal is also disposed of on the same lines, while granting the same relief to the appellant as granted to the appellants of village Mundka, covered by notification dated 17.06.2005 in the LAAPP.784/2005. HIMA KOHLI,J SEPTEMBER 28, 2011 rkb