Bhim Singh Decd. Thr. LRs v. Union of India & Anr.

Delhi High Court · 11 Feb 2010 · 2010:DHC:867
Hima Kohli
LA. APP. 134/2010
2010:DHC:867
property appeal_allowed Significant

AI Summary

The Delhi High Court partly allowed the appeal by enhancing compensation for land acquired in village Kakrola, applying a prior Division Bench judgment as binding precedent.

Full Text
Translation output
HIGH COURT OF DELHI
LA. APP. 134/2010
Date of Decision: 11.02.2010 IN THE MATTER OF :
BHIM SINGH DECD. THR. LR'S ..... Appellants
Through: Mr. S.S. Gulia, Advocate
VERSUS
UNION OF INDIA & ANR. ...... Respondents
Through: Mr. Ramesh Ray, Advocate for R1/UOI.
Ms. Saumya Chitranshi, Advocate for Mr. Rajiv Bansal, Advocate for R2/DDA.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
JUDGMENT

1. Whether Reporters of Local papers may No be allowed to see the Judgment?

2. To be referred to the Reporter or not? No

3. Whether the judgment should be No reported in the Digest? HIMA KOHLI, J. (ORAL)

1. The present appeal is directed against a judgment dated 04.06.2008 passed by the Reference Court in respect of land situated in village Kakrola, covered under Award No.1/1993-94, pursuant to the notification issued under Section 4 of the Land Acquisition Act, on 06.06.1991.

2. Counsel for the appellants states that the present appeal is covered by a common judgment delivered by the Division Bench on 23.10.2008, in a batch of matters pertaining to village Kakrola, lead matter 2010:DHC:867 being Ved Prakash & Ors. vs. Union of India & Ors. registered as LAA No.673/2008. Para 35 of the aforesaid judgment is reproduced hereinbelow for ready reference:-

“35. In these circumstances, the appeals of the land owners are partly allowed by enhancing the compensation from Rs.1,09,500/- to Rs.1,20,500/-. These appeals are allowed in the aforesaid manner with proportionate costs. The appellants shall also be entitled to all other statutory benefits as awarded by the learned ADJ. All the pending applications also stand disposed of. As a consequence, the appeals preferred by the UOI are also dismissed.”

3. Counsel for the respondent/UOI concedes that the present case is also covered by the aforesaid judgment. He, however, submits that his clients are contemplating assailing the aforesaid judgment before the Supreme Court. However, as on date, the appeal has not been filed.

4. Guided by the aforesaid judgment dated 23.10.2008, passed in the case of Ved Prakash (supra), the present appeal is partly allowed by enhancing the compensation payable to the appellants from Rs.1,09,500/- to Rs.1,20,500/- per Bigha. The appellants shall also be entitled to all other statutory benefits as awarded by the learned ADJ.

5. Decree sheet be prepared accordingly. File be consigned to the record room.

JUDGE FEBRUARY 11, 2010 rkb