Leelu Ram (Deceased) Thr Lrs v. Union Of India & ANR
$~139 & 140.
* IN THE HIGH COURT OF DELHI AT NEW DELHI LA.APP. 505/2015 & CM No.31604/2015 (for condonation of 2365 days delay in filing the appeal).
SHIV NARAIN (DECEASED) THR LRS & ORS ..... Appellants Through:
Mr. S.S. Gulia, Adv.
versus UNION OF INDIA & ANR ..... Respondents Through:
Mr. Yeeshu Jain, Adv.
AND + LA.APP. 506/2015, CM No.31606/2015 (for condonation of 2465 days delay in filing the appeal) and CM No.31607/2015 (for condonation of 90 days delay in re-filing the appeal). LEELU RAM (DECEASED) THR LRS ..... Appellant Through:
Mr. S.S. Gulia, Adv.
versus UNION OF INDIA & ANR ..... Respondents Through:
Mr. Yeeshu Jain, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 06.08.2018 1.
These appeals under Section 54 of the Land Acquisition Act, 1894 impugn the judgments, both dated 5th August, 2008 in LAC No.66-A/2006 and LAC No.40-A/2006 respectively and both of the Court of Additional District Judge (LAC), Delhi in Reference under Section 18 of the Act, enhancing the compensation awarded for acquisition of land in village Dhool Siras, New Delhi from Rs.13,82,000/- per acre to Rs.15,00,000/-. 2.
The appeals are accompanied with the applications for condonation of delay of 2365 days and 2465 days respectively in filing thereof. In LA.APP. No.506/2015, there is also an application for condonation of 90 days delay in re-filing the appeal.
LA.APP. 505/2015 & LA.APP. 506/2015
3.
The counsels state that on appeals preferred by others whose land was acquired vide the same Notification and Award, this Court enhanced the compensation to Rs.16,50,000/- per acre and the Supreme Court has ultimately enhanced the compensation to Rs.21,00,000/- per acre. 4.
The counsel for the respondent no.1 states that these appeals have been preferred after the judgment of the Supreme Court and the appellants are fence-sitters and the applications do not disclose any ground whatsoever for condonation of delay aforesaid, lest is sufficient ground. 5.
Be that as it may, in the spirit of the principle of parity, it is deemed expedient to condone the delay subject to the appellants paying costs of Rs.30,000/- in each of the appeals to the counsel for the respondent no.1 and further subject to the condition that the appellants shall not be entitled to interest on the enhanced compensation for the period of delay. 6.
Accordingly, CM No.31604/2015, CM No. No.31606/2015 and CM No.31607/2015 are allowed on the above terms. 7.
The appeals are allowed in terms of the judgment of the Supreme Court in Civil Appeal No.2091/2014 titled Impulse India P. Ltd. Vs. Union of India MANU/SC/1316/2014 and the compensation awarded is enhanced as ordered by the Supreme Court. It is however, made clear that the appellants shall not be entitled to interest, on the enhanced compensation and enhanced solatium, for the period of delay. 8.
Subject to the appellants paying costs as aforesaid within six weeks of today, decree sheet be drawn up.
RAJIV SAHAI ENDLAW, J AUGUST 06, 2018 'pp'..
LA.APP. 505/2015 & LA.APP. 506/2015