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High Court of DelhiLA.APP./71/2014

Union Of India v. Vijay Kumar & ANR

2018-09-05Hon'Ble Mr. Justice Rajiv Sahai Endlaw3 pages

$~62 to 65 & 71 * IN THE HIGH COURT OF DELHI AT NEW DELHI LA.APP. 57/2014 & CM Nos.2965/2014 (for stay) UNION OF INDIA ..... Appellant Through:

Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.

Versus

SARITA AGARWAL & ANR ..... Respondents Through:

Ms. Kanika Goel, Adv. for R-1.

Mr. Kunal Sharma, Adv. for DDA.

AND LA.APP. 69/2014 & CM No.3164/2014 (for stay) UNION OF INDIA ..... Appellant Through:

Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.

Versus

PREM CHAND & ANR ..... Respondents Through:

Ms. Pooja Wason, Adv. for R-1.

Mr. Kunal Sharma, Adv. for DDA.

AND + LA.APP. 71/2014, CM No.3170/2014 (for stay) UNION OF INDIA ..... Appellant Through:

Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.

Versus

VIJAY KUMAR & ANR ..... Respondents Through:

Mr. Kunal Sharma, Adv. for DDA.

AND LA.APP. 88/2014 UNION OF INDIA ..... Appellant Through:

Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.

Versus

MANISH SEHGAL & ANR.

..... Respondents Through:

Mr. Vijender Bhardwaj, Adv.

AND

LA.APP. 19/2015 UNION OF INDIA ..... Appellant Through:

Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.

Versus

HARISH KUMAR & ANR.

..... Respondents Through:

Ms. Kanika Goel, Adv. for R-1.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 05.09.2018 1.

These appeals under Section 54 of the Land Acquisition Act, 1894 impugn the compensation awarded to the respondents / land owners by the Reference Court under Section 18 of the Act.

2.

The appeals were admitted for hearing and ordered to be listed in the category of "Regulars".

3.

The counsel for the appellant Union of India (UOI) on request of this Court to furnish particulars of 'covered' matters pending consideration, furnished the particulars and the Registry was directed to list the said matters in the cause list in the category of 'After Notice Miscellaneous Matters'. The Court Master was also directed to telephonically inform the Advocates for the private parties of the matters so ordered to be listed. 4.

The appeals are listed today in terms of above. 5.

The counsels for respondents in LA.APP. Nos.57/2014, 69/2014, 88/2014 & 19/2015 only appear.

6.

None appears for the respondent no.1 in LA.APP.No.71/2014.

7.

The counsel for appellant UOI has heard separately in each of the appeals but for the sake of convenience, this common order is being passed. 8.

The counsel for the appellant UOI states that LA.APPs. No.57/2014, 71/2014 and 19/2015 pertain to land acquired in village Holambi Kalan, compensation with respect to which was determined vide Award No.33/2003-2004 and LA.APP.No.69/2014 pertains to land acquired in village Sanoth compensation with respect to which was determined vide Award No.11/2004-2005.

9.

The counsel for the appellant UOI further states that the lands subject matter of these appeals though situated in different villages and for acquisition of which lands separate awards were passed but the compensation with respect to land in all the said villages has been determined by this Court in judgment dated 23rd August, 2011 in LA.APP. No.266/2008 titled Jai Singh Vs. Union of India and which has attained finality upon dismissal by the Supreme Court of Civil Appeal No.675/2012 titled Union of India Vs. Jai Singh preferred thereagainst on 16th December, 2014.

10.

The counsel for the appellant thus states that these appeals have to be dismissed.

11.

The appeals are accordingly dismissed.

No costs.

Decree sheets be drawn up.

Trial court record if requisitioned be returned. RAJIV SAHAI ENDLAW, J SEPTEMBER 05, 2018/'gsr'..