Smt Bala v. Union of India & Ors.
Case brief
What is this about?
High Court delay allowance order in a land acquisition appeal. The court allowed the application as per the principles in the lead matter Jamna vs. UOI, granting fair market value enhancement but denied interest on the enhanced amount for the specific delay period.
What the court decided
A compact analysis
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.
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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 444 days in filing the appeal as also the costs of the appeal.
The application is disposed of.
LA.APP. 519/2011
By way of the present appeal, the appellant has assailed the judgment dated 14.01.2010 passed by the Reference Court in LAC No.12/09/07 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 LA.APP.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 crossobjections filed by the land owners stands decreed as under:-
LA.APP. 51912011
Issues for consideration
2 issues framed by the court
Whether the appellant is entitled to fair market value of acquired land as determined in the co-ordinate batch decision of Jamna vs. UOI.
Whether interest is payable on the enhanced compensation for the delay period of 444 days in filing the appeal.
Parties & counsel
- appellant
Land Owners
- respondent
Union of India
Coram
HIMA KOHLI
Case details
As recorded by the court registry
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