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HIGH COURT OF DELHI
LA.APP. No. 391/2009
Date of Decision: 09.12.2009 IN THE MATTER OF :
KALAWATI ..... Appellant
Through : Mr. Kanwar Udai Bhan, Adv.
Through : Mr. Sanjay Poddar, Adv.
JUDGMENT
1. Whether Reporters of Local papers may be allowed to see the Judgment? NO. 2. To be referred to the Reporter or not? No
3. Whether the judgment should be reported in the Digest? No. HIMA KOHLI, J. (ORAL) C.M. No.7540/2009 (exemption) Allowed, subject to all just exception. C.M. No.7539/2009 (for condonation of delay) At the outset, counsel for the appellant states that in case the delay of 506 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 costs in the appeal. Counsel for the respondent states that he has no objection to the 2009:DHC:5293 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 506 days in preferring the appeal and costs in the appeal. The application is disposed of. LA.APP. 391/2009
1. The present appeal is preferred by the appellant against the judgment a decree dated 17.9.2007, praying inter alia for enhancement of compensation payable by the respondents, for acquiring her land, by Rs.11,000/- per Bigha.
2. Counsel for the appellant 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 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:
3. Counsel for the respondent/UOI fairly states that the appeal preferred by the Union of India, registered as LAA No.740/2008 challenging the same judgment and decree dated 17.9.2007, was dismissed by the Division Bench on 23.10.2008 along with Ved Prakash & Ors.(supra). He further states that his clients are in the process of preferring an appeal against the aforesaid judgment before the Supreme Court.
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 appellant herein from Rs.1,09,500/- to Rs.1,20,500/- per Bigha, with proportionate costs. The appellant shall also be entitled to all other statutory benefits as awarded by the learned ADJ. However, it is clarified that the appellant shall not be entitled to any interest for a period of 506 days, in terms of the order dated 09.12.2009 passed in CM No.7539/2009 preferred by the appellant for condonation of delay in filing the appeal.
5. The trial court record be released. File be consigned to the record room. No orders as to costs. HIMA KOHLI,J DECEMBER 09, 2009 sk