UOI v. Bhola Decd.Thr. Lr'S & Anr

ORDER %

18.11.2011

¶1Last order records that legal heirs of respondent No.l, except Smt.Angoori Devi, have been served and Notice was issued to Smt. Angoori Devi for today and Mr. Atul Aggarwal, Advocate, has put in appearance on her behalf. Thus, service is complete.

¶2A short point which arises for consideration in this appeal is whether the respondents would be entitled to any additional amount Section 23 (lA) of the Land Acquisition Act in view of the Judgment of the Apex Court in *K.S. Paripoornan Vs. State of Kerala* 1994 (5) SCC 593. LA.APP.380/2009 Page 1 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. (o

¶3Section 23 (lA) of the Land Acquisition Act, came into existence by virtue of amendment made w.e.f. 24.09.1984 with a clarification that its application would be to proceedings pending on or after 30.04.1982.

¶4It is a matter of record that award No. 1238, in respect of petitioner's land situated in Village Joga Bai, Delhi, was passed on 30.12.1961 and the Reference Petition was not pending on 30.4.1982, It is so evident from the impugned order, which discloses that the Reference Petition is of the year 2006.

¶5Thus, the impugned order of 18.8.2006 granting an additional compensation amount under Section 23 (1 A) of the Land Acquisition Act @ 12% p.a., is contrary to the decision of the Apex Court in K.S. Paripoornan (Supra), and so, the impugned order to this extent is set aside. It is made clear that the respondents shall not be entitled to any additional amount under Section 23 (1 A) of the Land Acquisition Act with interest @ 12% p.a.

¶6This appeal is allowed to the aforesaid extent. No costs. rUNIL GAUR, J NOVEMBER 18, 2011 rs LA.APP.380/2009 Page 2

$-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 380/2009 UOI Appellant Through: Mr. Sanjay Kumar Pathak & Mr. Navlin Swain, Advocates. versus BHOLA (DECEASED) THR. LR'S & ANR Respondents Through: Mr. T.C. Yogi & Mr. Amit Sarkar, Advocate Mr. Atul Aggarwal for Mr. Jagdeep Sharma, Advocate for LR No. 2(a) CORAM: HON'BLE MR. JUSTICE SUNIL GAUR