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HIGH COURT OF DELHI
LA.APP. 516/2011
MAHABIR GOEL 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.
03.08.2011
Allowed, subject to just exception.
This application is filed by the appellant praying inter a/ia for condonation of delay of 291 days in filing the accompanying appeal.
At the outset, counsel for the appellant states that in case the delay of 291 days in preferring the accompanying appeal is condoned, the appellant shall not claim interest on the enhanced amount for the period of delay as also the costs of the appeal.
LA.APP. 51612011 2011:DHC:13638 Counsel for the respondent No. 1/Union of India and respondent
No. 2/DDA state that they have no objection to the aforesaid suggestion made by the counsel for the appellant.
Accordingly, the present application is allowed with the condition that the appellant shall not be entitled to claim interest on the enhanced amount for the period of delay of 291 days in filing the appeal as also the costs of the appeal.
- The application is disposed of.
Byway of the present appeal, the appellant has assailed the
ORDER
No.139/09/07 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 31.5.2006 issued under Section 6 of the Act.
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.APPNo.784/2005 entitled 'Jamna vs. UOI & Ors.' decided as recently as on 8.7.2011.
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 11 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:xxx xxx xxx For the land situated in Village Bakkarwala 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
4 I 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."
4. It is submitted by the counsel for the appellant that the appellant is also entitled to the relief as granted to other similarly (7 placed appellants in the aforesaid batch of matters, to which counsel for the respondent/UOI has no objection.
5. Following the aforesaid decision dated 8.7.2011 in the case of ]amna (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. However, it is clarified that the appellant shall not be entitled to claim interest on the enhanced compensation for the period of delay of 291 days in preferring the appeal, in terms of the orders passed today in CM 14309/2011 preferred by the appellant for condonation of delay in filing the appeal. HIMA KOHLI,J AUGUST 03, 2011 rkb