The court disposed of an appeal regarding land acquisition compensation by allowing it with conditions. The appellant is denied interest on delayed payment for 447 days and costs of the appeal, following a labor Bench precedent.
Appeal allowed subject to non-claiming of interest on enhanced amount for 447-day delay and non-claiming of appeal costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.
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 447 days in filing the appeal as also the costs of the appeal.
The application is disposed of.
LA.APP. 508/2011
By way of the present appeal, the appellant has assailed the judgment 27.01.2010 passed by the Reference Court in LAC No.133/09 arising out of Award No.3/DC(W)/2005-06 pertaining to village Mundka, pursuant to the notification dated 21.03.2003 issued under Section 4 of the Land Acquisition Act 1894 (in short 'the Act').
Counsel for the appellant submits that, the present case is squarely covered by the judgment of a co-ordinate Bench (Pradeep Nandrajog, J.) passed in a batch of matters, lead matter being LAAPP.No.784/2005 entitled 'Jamna vs. UOI & Ors.' decided as recently as on 08.07.2011. Learned counsel particularly draws the attention of this Court to the operative para 33 of the aforesaid judgment, relevant portions of which are reproduced herein below:-
"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:-
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PlAr
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For the land situated in village Mundka the fair market value is fixed at 4,03,425/- per bigha, i.e. 19,36,440/- per acre, as on 21.03.2003.
xxx
xxx
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vi) 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."
It is submitted by the counsel for the appellant that the appellant is also entitled to the relief as granted to other similarly placed appellants in the aforesaid batch of matters, to which counsel for the respondent/UOI has no objection.
Following the aforesaid decision dated 08.07.2011 in the case of Jamna (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 447 days in filing the appeal as
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also the costs of the appeal, in terms of the orders passed today in CM 14297/2011 preferred by the appellant for condonation of delay in
filing the appeal.
HIMA KOHLI,J
• AUGUST 03, 2011 rkb
LA.APP. 50812011
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2 issues framed by the court
Whether the appellant is entitled to interest on the enhanced compensation for the delay in filing the appeal.
Whether the appellant is entitled to costs of the appeal.
Appellant
Union of India
HIMA KOHLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
