Indrawati v. Union of India & Ors.

Delhi High Court · 12 Aug 2011 · 2011:DHC:13545
Pradeep Nandrajog
LA.APP. 720/2006
2011:DHC:13545
property appeal_allowed Significant

AI Summary

Delhi High Court held that compensation for land acquired under the Land Acquisition Act must meet previously fixed fair market value rates with statutory benefits, denying 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. 720/2006
INDRAWATI Appellant
Through: Mr.S.Chaturvdi and Mr.R.S.Dalal, Advocate
VERSUS
UOl & ORS. Respondents . Through: Mr.Sanjay Poddar, Sr.Advocate with Mr.Sanjay Pathak, Advocate for UOl.
LA.APP. 721/2006
LADO DEVI Appellant
Through: Mr.S.Chaturvedi and Mr.R.S.DalaI, Advocates
VERSUS
UOl & ORS. Respondents
Through: M r.Sanjay Poddar, Sr.Advocate .
LA.APP. 722/2006
JOGINDER Appellant Mr.R.S.Dalal, Advocates
VERSUS
UOl & ORS. .....Respondents
Through: Mr.Sanjay Poddar, Sr.Advocate Advocate for UOI.
2011:DHC:13545
LA.APP. 723/2006
DALEL SINGH Appellant Mr.R.S.D'alal, Advocates
VERSUS
. UOl & ORS. Respondent
LA.APP. 172/2010
VIRENDER @ RAGHVENDER Appellant
Through: Mr.Deepak Khosla and Mr.S.S.Rana, Advocates
VERSUS
UOI &ANR Respondents .
LA APP. 173/2010
RANDHIR Appel!ant
VERSUS
UNION OF INDIA & ANR ...... Respondents -Through: Mr.Sanjay Poddar, Sr.Advocate
_r
LA.APP. 174/2010
SANDEEP Appellant
VERSUS
UNION OF INDIA & ANR Respondents . Through: Mr.Sanjay Poddar, Sr.Advocate
Advocate for UQI. I..A.APP. 175/2010 RAMA NAND Appellant
VERSUS
Throu,gh: Mr.Sanjay Poddar, Sr.Advocate
LA.APP. 183/2010
RAMBIR SINGH Appellant
VERSUS
Through: MrSanjay Poddar, Sr.Advocate - Advocate for UOI.
I
LA.APP. 187/2010
RAMPHAL . Appellant
VERSUS
LA.APP. 188/2010
BALBIR SINGH ..... Appellant
VERSUS
UOI & ANR . .....Respondents
LA.APP. 189/2010
PEHLAD SINGH Appel!ant
VERSUS
UNION OF !NDIA & ANR .....Respondents
Through: Mr.Sanjay, Poddar, Sr.Advocate q- a
I..A.APP. 222/2010
RAM RATI (DECEASED) THR. LRS Appellant
VERSUS
UOI & ANR . . ..... Respondents
• with Mr.Sanjay Pathak, LA.APP. 230/2010
RAJBIR SINGH Appellant
VERSUS
LA.APP. 231/2010
JASWANTSINGH Appellant Mr.S.S.Rana, Advocates.
VERSUS
LA.APP. 232/2010
SATYAVIR SINGH DECD THR LRS ..... Appellant
VERSUS
UNION OF INDIA & ANR .....Respondents with Mr.Sanjay Pathak, Advocate for UOl.
LA.APP. 238/2011
UNION OF INDIA Appellant for UOl.
VERSUS
JITENDER SINGH & ORS ..•... Respondents
Through: Ms.Amita Singh, Advocate for DDA
LA.APP. 178/2010
DEVENDER Appellant
VERSUS
UOI & ANR. Respondents for UOI
CORAM:
HON'BLE MR.JUSTICE PRADEEP NANDRAJOG
12.08.2011 Above capti9ned appeals and cross objections if any, pertain to acquisition of land in the revenue estate of village Holambi
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/Sincih Vs.
(JO1 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 Aand 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. (JO, 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.Aru.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.A.No.238/2011(Delay) For the reasons stated in the application, the delay of 70 days in filing the appeal is condoned.

PRADEEP NAN DRAJOG, J. AUGUST 12, 2011 mm