Union of India v. Sher Singh & Ors.

Delhi High Court · 15 Feb 2010 · 2010:DHC:902
Hima Kohli
LA. APP. 36/2010
2010:DHC:902
property appeal_allowed Significant

AI Summary

The Delhi High Court allowed the Union of India's appeal to reduce land acquisition compensation in village Kakrola, aligning it with a prior Division Bench ruling and ensuring uniformity in awards.

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Translation output
HIGH COURT OF DELHI
LA. APP. 36/2010
Date of Decision: 15.02.2010 IN THE MATTER OF :
UNION OF INDIA ..... Appellant
Through: Mr. Ramesh Ray, Advocate
VERSUS
SHER SINGH & ORS. ..... Respondents
Through: Mr. S.K. Rout, Advocate with Mr. M.K. Pradhan, Advocate and Ms. Sunita Kumari, Advocate for R1 to R6.
Mr. Amit Mehra, Advocate for Mr. Ajay Verma, Advocate for R7/DDA.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
JUDGMENT

1. Whether Reporters of Local papers may Yes be allowed to see the Judgment?

2. To be referred to the Reporter or not? Yes

3. Whether the judgment should be Yes reported in the Digest? HIMA KOHLI, J. (ORAL)

1. The present appeal is directed against a judgment dated 20.05.2005 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. Counsels for the parties state that the present appeal is covered by a common judgment delivered by the Division Bench on 23.10.2008, in a 2010:DHC:902 batch of matters pertaining to village Kakrola, lead matter being Ved Prakash & Ors. vs. Union of India & Ors. registered as LAA No.673/2008. Para 35 of the aforesaid judgment is reproduced herein below 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. Guided by the aforesaid judgment dated 23.10.2008, passed in the case of Ved Prakash (supra), the present appeal is allowed by reducing the compensation payable to the respondents herein from Rs.1,25,000/- to Rs.1,20,500/- per Bigha, with proportionate costs. The respondents shall also be entitled to all other statutory benefits as awarded by the learned ADJ.

4. The appeal is disposed of. Decree sheet be prepared accordingly. File be consigned to the record room.

JUDGE FEBRUARY 15, 2010 rkb