Vk Paul v. Union Of India & ANR
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + V.K. PAUL ..... Appellant Through:
None.
Versus
UNION OF INDIA & ANR ..... Respondents Through:
Mr. Sanjay Kumar Pathak, Mr. Sunil Kumar Jha, Mr. Kushal Raj Tater & Mr. M.S. Akhtar, Advs. for UOI.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 05.09.2018 1.
This appeal under Section 54 of the Land Acquisition Act, 1894 impugns the judgment and decree [dated 21st December, 2011 in LAC No.71/11/06 of the Court of Additional District Judge, Dwarka] dismissing the Reference under Section 18 of the Act preferred by the appellant for the reason of the appellant in another Reference under Section 30-31 of the Act having been held to be not entitled to any compensation. 2.
The appeal was admitted for hearing and ordered to be listed in the category of "Regulars".
3.
The counsel for the respondent no.1 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 appeal is listed today in terms of above. 5.
None appears for the appellant.
6.
The Court Master informs that he had telephonically informed Mr. G.S. Tiwari, Advocate for the appellant on 2nd September, 2018 at phone No.9818195977.
7.
The counsel for the respondent no.1 UOI states that this matter pertains to land acquired in village Pochanpur, compensation with respect to which was determined vide Award No.30/2002-03. It is further stated that the appellant has preferred an appeal against the order in the Reference aforesaid under Section 30-31 of the Act being LA APP. No.169/2012 titled V.K. Paul Vs. Prem Singh and the same has also been admitted and ordered to be listed in the category of "Regulars".
8.
On further enquiry, it is informed that compensation with respect to other land acquired vide the same notification and award has been finally determined by the Supreme Court in Impulse India Pvt. Ltd. Vs. Union of India 2016 (12) SCALE 396 and the compensation was determined at Rs.21 lacs per acre for the land situated in Block 'A' and Rs.19 lacs per acre for the land situated in Block 'B'. On further enquiry, it is stated that it is not in dispute as to in which block the land of the appellant is situated. 9.
In the aforesaid view of the matter, need to await the appellant is not felt.
10.
This appeal is disposed of with the direction that in the event of the appellant succeeding in the LA APP. No.169/2012, the compensation if any payable to the appellant shall be in terms of Impulse India Pvt. Ltd. supra. No costs.
Decree sheet be prepared.
Trial Court record if requisitioned be sent back. RAJIV SAHAI ENDLAW, J SEPTEMBER 05, 2018 'gsr'..