Madanlal v. Union of India

1. These matters were pending at the stage of admission awaiting the outcome of the reference made to the Full Bench vide order dated 6^*^ September, 2016 in LA. APP. 672/2011. The judgment on the reference has since been passed on 13^"^ April, 2018.

2. However, while hearing another matter, the counsel for the respondent Union of India (UOI) was requested to furnish particulars of "covered" matters pending for consideration.

3. The counsel for the respondent UOI, in pursuance thereto had furnished the particulars and the Registry was directed to list the said matters in the Cause List inthe category of 'After Notice Miscellaneous Page 2 of[4] Matters'. The Court Master was also directed to telephonically inform the Advocates for private parties ofthe matters so ordered to be listed.

4. In accordance with the said direction, these matters were listed on 8'^ August, 2018 along with certain other matters, but on which date, time did not permit the matters to be considered and the matters were adjourned to today.

5. The counsel for the appellant/s and the counsel for the respondent ^ UOI appear. ^ 6. The counsel for the respondent UOI, states that these matters pertain to land acquired in Village Dhool Siras, compensation with respectto which was determined vide Award No. 27/2002-2003 and though the compensation with respect to land subject matter of these appeals was enhanced in appeals preferred by others whose land was acquired by the same Notification and Award and the matters stand settled with the outcome of Civil Appeal No.2091/2014 titled Impulse India P. Ltd. & Ors. Vs. Union of India of the Supreme Court but these appeals are accompanied ^ with application for condonation of 2748 days delay in filing thereof It is # contended that the appellant/s are fence-sitters and ought not to have the benefit of enhancement. 7.. The counsel for the appellant/s confirms that the matters are covered as aforesaid.

8. In the spirit of the principle of parity, it is deemed appropriate to condone the delay in preferring the appeals, subject to the appellant/s paying costs of Rs.30,000/- to the counsel for the respondent UOI and further subject to the appellant/s being not entitled to interest for the period of delay. P«se ^of[4]

9. CM No. 19369/2016 in LA.APP. No. 120/2016, CM No. 19389/2016 in LA.APP. No.121/2016, CM No.19470/2016 in LA.APP. No.123/2016 & CM No. 19476/2016 in LA.APP. No. 124/2016 are disposed of.

10. The appeals are allowed; the compensation is enhanced in terms of Impulse India P. Ltd. supra.

11. The appellant/s shall however not be entitled to interest for the period of delay. 12.. Decree sheet be drawn up subject to the costs aforesaid being paid within four weeks.

AUGUST 14, 2018 bs..

RAJIV SAHAI ENDLAW, J. Page 4 of[4]