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High Court of DelhiLA.APP./519/2015

Union Of India v. Yogender & ORS

2016-07-25Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

$~8 and 9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP.

519/2015 and C.M.

Appl.

Nos.

32520-21/2015 & 32523/2015 UNION OF INDIA ..... Appellant Through:

Ms. Jyoti Tyagi and Mr. Yeeshu Jain, Advocates.

versus YOGENDER & ORS ..... Respondents Through:

Mr. Karan Sharma and Mr. Rohit Kaliyar, Advocates for R-2/DDA.

+ LA.APP. 520/2015 and C.M. Appl. Nos. 32524-25/2015 and C.M. Appl. No. 32527/2015 UNION OF INDIA ..... Appellant Through:

Ms. Jyoti Tyagi and Mr. Yeeshu Jain, Advocates.

versus MAHIPAL SINGH & ANR ..... Respondents Through:

Mr. Karan Sharma and Mr. Rohit Kaliyar, Advocates for R-2/DDA.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 25.07.2016 1.

Learned counsel for the appellant could not dispute that the issue of enhancement of compensation in the present case stands LA.APP. 519-20/2015

decided by the judgment of the learned Single Judge of this Court in the case titled as Jai Singh Vs. Union of India in LA. Appeal No. 266/2008 decided on 23.8.2011.

2.

In this judgment the operative paragraph pertaining to village Alipur, where the suit land is situated, is paragraph 94 and this paragraph reads as under:- "94.

Pertaining to the notification dated 23.5.2002 relating to village Ali Pur, for parity of reasons qua the said notification relating to village Holambi Kalan and Shahpur Garhi I determine fair market value payable at Rs.18,65,500/- per acre and thus all appeals and cross objections filed by Union of India as per 'GRID-O' are dismissed and all appeals and cross objections filed by land owners as per said Grid are allowed by enhancing the compensation payable to Rs.18,65,500/- per acre on which statutory benefits as per Land Acquisition Act as interpreted in the judgment reported as Sunder Vs. UOI 2001 (93) DLT 569 shall be paid save and except in such appeals or cross objections where there is a delay, interest would not be paid for the period of delay. Proportionate costs as well."

3.

In view of the above and in view of the ratio in the case of Jai Singh (supra), these appeals are dismissed.

VALMIKI J. MEHTA, J JULY 25, 2016 AK LA.APP. 519-20/2015