Indrawati v. Union of India

Delhi High Court · 12 Aug 2011 · 2011:DHC:13270
Pradeep Nandrajog
LA.APP. 7.20/2006
2011:DHC:13270
property appeal_allowed Significant

AI Summary

Delhi High Court held that appellants are entitled to enhanced compensation based on previously determined fair market value with statutory benefits, but no interest for delayed appeals where delay is condoned.

Full Text
Translation output
$-319 to 322, 326 to 338 & 340 HIGH COURT OF DELHI
LA.APP. 7.20/2006 INDRAWATI Appellant
Through: Mr.S.Chaturvedi and Mr.R.S.Dalal, Advocate
VERSUS
UOI & ORS. Respondents .
Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOI.
LA.APP. 721/2006
LADO DEVI Appellant Mr.R.S.DaIaI, Advocates
VERSUS
UOI & ORS. .....Respondents
-• . .
. with Mr.Sanjay Pathak, LA.APP. 722/2006 JOGINDER Appellant
Mr.R.S.Dalal, Advocates
VERSUS
UOI & ORS. . .....Respondents Advocate for UOl.
2011:DHC:13270
LA.APP. 723/2006
DALEL SINGH Appellant Mr.R.S.DaIaI, Advocates
VERSUS
•UOI & ORS. Respondent
• Through: Mr.Sanjay Poddar, Sr.Advocate
I..A.APP. 172/2010
VIRENDER @ RAGHVENDER Appellant
Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
VERSUS
UOl & ANR Respondents
LA.APP. 173/2010
RANDHIR Appellant
VERSUS
UNION OF INDIA & ANR . ......Respondents
LA.APP. 174/2010
SANDEEP Appellant, •
VERSUS
UNION OF INDIA & ANR ..... Respondents
• Through: Mr.Sanjay Poddar, Sr.Adv1ocate
• with Mr.Sanjay Páthak, LA.APP. 175/2010
RAMA NAND Appellant
VERSUS
UNION OF INDIA & ANR Respondents
LA.APP. 183/2010
RAMBIR SINGH . Appellant
VERSUS
LA.APP. 187/2010
RAMPHAL . Appellant
VERSUS
UNION OF INDIA & ANR Respondens
LA.APP. 188/2010
BALBIR SING H Appellant
Through: Mr. Deepak Khosla and
VERSUS
UOI & ANR ......Respondents
Through: Mr.Sanjay Poddar,. Sr.Advocate
• I..A.APP. 189/2010
PEHLAD SINGH .... Appellant
VERSUS
LA.APP. 222/2010
RAM RATI (DECEASED) THR. LRS .....Appellant
VERSUS
UOl & ANR .....Respondents
Through: Mr.Sanjáy Poddar, Sr.Advocate with Mr.Sanjay. Pathak, LA.APP. 230/2010
RAJBIR SINGH Appellant
VERSUS
with Mr.Sanjay. Pathak, AdvocateforUOl.
LA.APP. 231/2010
JAS WANT SING H Appellant
• Through: Mr. Deepak Khosla and
• Mr.S.S.Rana, Advocates
VERSUS
UNION OF INDIA & ANR . .....Respondents '41'~
'T
LA.APP. 232/2010
SATYAVIR SINGH DECD THR LRS .....Appellant
VERSUS
with MhSanjay Pathak, Advocate for UOI.
LA.APP. 238/2011
UNION OF INDIA
Through
VERSUS
JITENDER SINGH & ORS
Through Appellant Mr.Sanjay Poddar, Sr.Advocte with Mr.Sanjay Pathak, Advocate for UOI.
Respondents Ms.Amita Singh, Advocate for DDA
LA.APP. 178/2010
DEVENDER Appellant
VERSUS
UOI & ANR. Respondents with Mr.Sanjay Pathak, Advocate
CORAM: for UOI
HON'BLE MR.JUSTICE PRADEEP NANDRAJOG
12.08.2011 Above captioned appeals and cross objections if, any, pertain to acquisition of land in the revenue estate of village Holarnbi
Khurd which were acquired pursuant to a notification dated
15.11.1996 issued under Section 4 of the Land Acquisition Act.
Pertaining to the same notification and relating to adjoining village fair market value determined by this Court in the decision reported as 2006 (VI) AD (Delhi) 13 Ga/ra/5/ncih Vs.
UO/ has been held to be 9,76,121/- per acre for category A land for 9,51,121/- per acre for category B land.
ORDER

3. The appeals stand disposed of decreeing that where the Court has awarded the compensation as aforesaid the Said appeal would stand dismissed without any. orders as to costs and in such appeals where the Reference Court has determined a fair market value less than 9,76,121/- for category A and. 9,51,121/- for category B, the appellants or the cross objectors as the case may be, would be entitled to compensation at the said rate and needless to state on the enhanced compensation statutory benefits as per the Land Acquisition Act 1894 as interpreted in the decision reported as 93 (2001) DLT 569 Sunder vs. UQI shall be granted. In cases where there is delay in filing the appeal and delay has been condoned, on the enhanced compensation interest would not be paid for the period of delay. Proportionate costs as well.. C.M. No.8313/2011 in LA.Ar.No.238/2011 (Stay): Since the appeal is being heard for final disposal, instant application seeking stay of operation of impugned decree is dismissed. C.M. No.8314/2011 in LA.Arp.No.238/2011(Dela'/) For the reasons stated in the.application, the delay of 70 days in filing the appeal is condoned.

PRADEEP NANDRAJOG, J. AUGUST 12, 2011 mm S