Full Text
HIGH COURT OF DELHI
LA.APP. 510/2011
SHUSHILA Appellant
Through: Mr. L.B. Rai, Advocate
Through: Mr. Sanjay Poddar, Advocate for respondent No. 1/UOI.
$ Mr. Mr. Arun Birbal, Advocate for respondent
No.2/DDA.
CO RAM
HON'BLE MS. JUSTICE HIMA KOHLI
03. 08. 20 11
This application is filed by the appellant praying inter a/ia for condonation of delay of 95 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 95 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 14.01.2010 passed by the Reference Court in LAC 510/2011 Page 1 of[3] 2011:DHC:13635 No.72/08/07 arising out of Award No.3/DC(W)/2005-06 pertaining to village Mundka, pursuant to the notification dated 21.03.2003 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, 3.) passed in a batch of matters, lead matter being LA.APP.No.784/2005 entitled 'Jamna vs. UOI & Ors.' decided as recently as on 08.07.2011. Learned counsel particularly draws the attention of this Court to the operative para 33 of the aforesaid judgment, relevant portions of which are reproduced herein below:-
VW 19,36,440/- per acre, as on 21.03.2003. xxx 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. 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." LA.APP. 51012011 C) 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, to which counsel for the respondent/UOI has no objection. Following the aforesaid decision dated 08.07.20 11 in the case of Jamna (supra), the present appeal is also disposed of on the same • lines, while granting the same relief to the appellant as granted to the appellants in the LA.APP.784/2005. HIMA KOHLI,J AUGUST 03, 2011 rkb