Union Of India v. Balraj & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP. 58/2015 UNION OF INDIA ..... Appellant Through:

Ms. Jyoti Tyagi, Advocate.

versus BALRAJ & ORS ..... Respondents Through:

Ms. Sakshi Vaid, Advocate for respondent No.4.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 02.08.2016 1.

Learned counsel for the appellant could not dispute that the issue of award of compensation is decided against the appellant by the judgment of a learned Single Judge of this Court in the case of Jai Singh Vs. UOI & Anr. in LA. App. No.266/2008 decided on 23.8.2011 with other connected cases.

2.

The relevant para of the judgment in the case of Jai Singh (supra) reads as under:- "93.

As noted by me pertaining to the notification dated 23.5.2002 relating to village Holambi Kalan all lands have been treated in the same category by the learned Land Acquisition Collector and the learned Reference Court. The learned Reference Court has awarded compensation in sum of Rs.22,14,239/- per acre LA App. No.58/2015

which I have found to be excessive inasmuch as for the date 23.5.2002 I have held that fair market value would be Rs.18,65,500/- per acre and thus all appeals and cross objections filed by the land owners as per 'GRID-N' are dismissed and appeals and cross objections filed by Union of India are allowed by modifying the impugned decree passed by the learned Reference Court and reducing the compensation payable to Rs.18,65,500/- per acre on which, needless to state, with reference to the enhanced price with reference to the award the statutory benefits already granted stand maintained. No costs."

3.

In view of the above, since the issue stands decided in the case of Jai Singh (supra), this appeal is accordingly dismissed. VALMIKI J. MEHTA, J AUGUST 02, 2016 Ne LA App. No.58/2015