Allowed

Dariyav Singh & Ors. v. Union of India & Anr.

Delhi HC2 Aug 2018LA.APP./447/2015

Case brief

AI extract

What is this about?

Single judge order allowing an appeal under Section 54 of the Land Acquisition Act, 1894, condoning a 1540-day delay and enhancing compensation based on a Supreme Court judgment, but denying interest for the delay period.

What did the court decide?

Compensation awarded by the Reference Court was enhanced as per the Supreme Court judgment; interest on enhanced compensation for the delay period was denied.

Dariyav Singh & Ors. Vs Union of India & Anr. — Land Acquisition | Delhi HC (2018)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LA.APP. 447/2015, CM No.27415/2015

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DARIYAV SINGH & ORS ..... Appellants

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Through: Ms. Smita Maan, Adv. versus

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UNION OF INDIA & ANR ..... Respondents Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for R-1.

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CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

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O R D E R

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% 02.08.2018

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This appeal under Section 54 of the Land Acquisition Act, 1894 against the judgment dated 31^st May, 2011 in LAC No.88/2010 and other connected appeals of the Court of Additional District Judge, South-West, has been preferred with application for condonation of delay of 1540 days in filing thereof.

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The counsel for the respondent no.1 otherwise states that compensation for other lands acquired vide the same notification and Award, on Special Leave Petition filed by others to the Supreme Court against the judgment of appeals filed by others to this Court, has been enhanced by the Supreme Court by dismissal of judgment dated 11^th December, 2014 in Civil Appeal No.10982-11033/2014.

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It is stated that while the Reference Court enhanced the compensation to Rs.17,45,000/- per acre, the Supreme Court has enhanced the compensation to Rs.25,00,000/- per acre in respect of Block A land and to Rs.22,00,000/- per acre with respect to Block B land.

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Page 1 of 2

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LA.APP. 447/2015

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The counsel for the respondent no.1 states that the appellant has filed this appeal only after the judgment aforesaid of the Supreme Court and the application for condonation of delay does not disclose any satisfactory reason.

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The counsel for the appellants, on enquiry, states that there is no dispute in this appeal as to the Block in which the land is situated. Otherwise, counsel for the appellants has supported the application for condonation of delay.

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Following the spirit of principle of parity, it is deemed appropriate to condone the delay in preferring the appeal, subject to the appellants paying costs of Rs.25,000/- to the counsel for the respondent no.1 and further subject to the condition that the appellants will not get interest on the enhanced compensation for the period of delay.

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CM 27415/2015 is disposed of.

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The appeal is allowed. The compensation awarded by the Reference Court is enhanced in terms of the judgment aforesaid of the Supreme Court and save that, appellants will not be entitled to interest on the said enhanced compensation for the period of delay.

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The appeal is disposed of.

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Decree sheet be prepared subject to payment of costs within three weeks.

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RAJIV SAHAI ENDLAW, J

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AUGUST 02, 2018/ak..

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Page 2 of 2

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LA.APP. 447/2015

Dariyav Singh & Ors. v. Union of India & Anr.

Case brief

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Dariyav Singh & Ors. v. Union of India & Anr.

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