Union Of India v. Sharvan Kumar & ANR
$~55,56&57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 336/2013 UNION OF INDIA ..... Appellant Through:
Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.
Versus
SHARVAN KUMAR & ANR ..... Respondents Through:
Ms. Pooja Wason, Adv. for R-1.
Mr. Kunal Sharma, Adv. for DDA AND LA.APP. 341/2013 UNION OF INDIA ..... Appellant Through:
Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.
Versus
BED KAUR & ANR ..... Respondents Through:
Mr. Kunal Sharma, Adv. for DDA AND LA.APP. 342/2013 UNION OF INDIA ..... Appellant Through:
Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs.
Versus
DHARAMVIR RANA & ANR ..... Respondents Through:
Ms. Kanika Goel, Adv. for R-1.
Mr. Kunal Sharma, Adv. for DDA
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.
Only the counsel for the respondent no.1/private parties in LA. APP. No.336/2013 & 342/2013 appears.
6.
None appears for the respondent no.1/private party in LA.APP. No.341/2013 but in view of what is mentioned below, need to await the respondent no.1 in LA.APP. No.341/2013 is not felt. 7.
The counsel for appellant UOI has been heard separately in each of the appeals but for the sake of convenience, this common order is being passed.
8.
The counsel for appellant UOI states that these matters pertain to land acquired in village Shahbad Daulatpur compensation with respect to which was determined vide Award No.29/2002-2003.
9.
The counsel for appellant UOI further states that the compensation with respect to other land acquired vide the same notification and award has been determined by this Court in Hem Chander Malik Vs. Union of India 2011 SCC OnLine Del 4111 and SLP(C) No.26985/2012 titled Hem Chander
Malik Vs. Union of India preferred thereagainst was dismissed by the Supreme Court on 30th October, 2015. He thus states that the compensation with respect to the land subject matter of these appeals has to be determined in accordance with the dicta of this Court in Hem Chander Malik supra. It is further informed that this Court in Hem Chander Malik affirmed the compensation awarded by the Reference Court.
10.
Resultantly, the appeals are dismissed.
No costs.
Decree sheets be drawn up.
11.
Trial court record, if requisitioned, be returned. RAJIV SAHAI ENDLAW, J SEPTEMBER 05, 2018 'gsr'..