Bala (Deceased) Thr Lrs v. Union Of India & ORS
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 145/2019 & CM APPL. 42823/2019 BALA (DECEASED) THR LRS ..... Appellant Through:
Mr. Ashutosh Baharan, Proxy counsel (M-9718424640) versus UNION OF INDIA & ORS ..... Respondents Through:
Mr. Yeeshu Jain, Ms. Jyoti Tyagi & Ms. Indira Karki, Advocates for R-1 (M-9315666037) Mr. Anirudh Sharma, Advocate for R2 (M-9999080715)
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 28.01.2020 1.
Learned counsel for the Appellant has pointed out that the present appeal is covered by the judgment of the Supreme Court in Krishan Kumar Vs. Union of India & Another, Civil Appeal No.9910/2011 decided along with several other civil appeals on 17th December, 2014. 2.
Learned counsel submits that the land in question in the present appeal falls in village Burari and was acquired vide notification dated 18th July, 2003 under Section 4 of the Land Acquisition Act. 3.
A perusal of the judgment of the Supreme Court in Krishan Kumar (supra) shows that the said judgment, inter alia, deals with the land acquired by the said notification in village Burari. The Supreme Court has fixed the market value of the land situated in village Burari at Rs.20,20,568/- per
Acre, which was acquired vide notification dated 18th July, 2003. This position is not disputed by learned counsel for the Respondent. 4.
Accordingly, since similarly placed persons have been given the benefit of the judgement of the Supreme Court, the delay in filing the appeal is condoned subject to payment of Rs. 20,000/- as costs. The appeal stands disposed of in terms of the judgment of the Supreme Court in Krishan Kumar (supra). The Appellant shall be entitled to all the statutory benefits apart from proportionate costs.
5.
Considering the delay of more than 3000 days in filing the appeal which has been condoned today, the Appellant will not be entitled to interest on the enhanced compensation for the period of delay. 6.
Appeal and all pending applications are disposed of. PRATHIBA M. SINGH, J.
JANUARY 28, 2020 Rahul/Ragini