Jaipal & ORS v. Union Of India & ORS
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 40/2019, CM Appl. No. 12899/2019 JAIPAL & ORS ..... Appellants Through : Mr.Aakar Bhardwaj, Advocate.
versus UNION OF INDIA & ORS ..... Respondents Through : Mr.Yeeshu Jain, Ms.Jyoti Tyagi, Advocates for UOI.
Ms.Ruchka Rathi, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
O R D E R
% 31.07.2019 The learned counsels present have shown me the judgment dated 23.08.2011 passed in Jai Singh vs. UOI and Anr. in LA APP.266/2008 as also the order dated 05.09.2018 in Virender Kumar & Anr. vs. UOI & Anr. in LA APP.104/2013 concerning the compensation awarded for a possession of land in village Khera Khurd vide notification dated 11.09.2000. It is stated the present matter is covered in the category of 'covered' matters as it pertain to the land acquired in village Khera Khurd, compensation with respect to which was determined vide Award No.20/2002-2003. It is further stated that compensation with respect to other land acquired vide the same notification and award was determined by this Court in judgment dated 23rd August, 2011 in L.A.APP. No. 266/2008 titled Jai Singh Vs. Union of India and
Special Leave Petition (SLP) preferred by UOI to the Supreme Court were granted and converted to Civil Appeal No.675/2012 titled Union of India Vs. Jai Singh which was dismissed on 16th December, 2014. It is thus stated that the compensation as determined by this Court in Jai Singh (supra) has attained finality.
On enquiry, it is stated that this Court in Jai Singh (supra) has enhanced the compensation then determined by the Reference Court under Section 18 of the Act.
This appeal is disposed of with a direction that the appellants in this appeal, if have been awarded compensation less than that determined in Jai Singh supra, shall be entitled to enhancement in compensation in terms of Jai Singh (supra).
No costs.
Decree sheets be drawn up.
Trial court record, if requisitioned, be sent back. YOGESH KHANNA, J.
JULY 31, 2019 DU