Jai Hinder Singh & Ors. v. Union of India & Anr.

6 ORDER 16.09.2011 By way of the present appeal, the appellants have assailed the judgment 16.5.2011 passed by the Reference Court in LAC No.72/10 arising out of Award No.01/DCW/2006-07 pertaining to village Bakkarwala passed pursuant to the notification dated 17.6.2005 issued under Section 4 of the Land Acquisition Act 1894 (in short 'the Act') and the declaration dated.5.2006 issued under Section 6 of the Act. Counsel for the appellants submits that the present case is squarely covered by the judgment of a co-ordinate Bench (Pradeep Nandrajog, ].) passed in a batch of matters, lead matter being LA.APP..No.784/2005 entitled 'Jamna vs. UOI & Ors.' decided as recently as on 8.7.2011. LA.APP. 619/2011 2011:DHC:1903[1] H

3. Counsels for the parties state that in the aforesaid batch of matters, apart from the land acquired in village Mundka, the learned Single Judge had also decided the cases arising out of the same Award covered under Section 4 of the Act dated 17.6.2005 pertaining to village Bakkarwala. In this regard they draw the attention of this Court to the operative para 33 of the aforesaid judgment, relevant portions of which are reproduced herein below:

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 xxx xxx For the land situated in Village Bakkarwala the fair market value is fixed at Rs.4,98,589/- per bigha i.e. Rs.23,93,227.20 per acre, as on 17.06.2005. 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. UOI, for the ' compensation, paid originally and as enhanced by the Reference Court and finally on the sum enhanced by the present judgment and decree. The appellants and cross-objectors who succeed would also be entitled to proportionate costs. All pending applications stand disposed of in terms of the prayers made therein." H It is submitted by the counsel for the appellants that the appellants are also entitled to the relief as granted to other similarly placed appellants in the aforesaid batch of matters, to which counsel for the respondent/UOI has no objection. Following the aforesaid decision dated 8.7.2011 inthe case of Jamna (supra), the present appeal is also disposed of on the same lines, while granting the same relief to the appellants as granted to the other similarly laced appellants of village Bakkarwala, covered by notification dated 17.06.2005, subject matter of LA.APP.784/2005. HIMA KOHLI,J SEPTEMBER 16, 2011 sk