Union of India & Anr v. Sudesh & Anr

ORDER %

17.11.2011 C.M.No. 13771/2011 (Condonation of delay)

¶1Thereis delay of131 days in filingthe accompanyingappeal.

¶2For the reasons stated in the application,the same is allowed and the delayinfilingthe accompanyingappealis condoned.

¶3CM stands disposed of LA.APP. 458/2011

¶1The fate of this appeal would be governedby the decisionof this court,in LA APP.266/2008,titled as 'Jai Singh Vs. UOI & Another', rendered on 23.8.2011, wherein dealing with the LA.App.No.458/2011 Pagg l of3 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. Notificationdated 11.9.2000 under Section 4 of Land Acquisition Act, 1894 pertainingto the VillageKhera Khurd, the compensation awarded is Rs. 18,65,500/-.

¶2The Notificationunder Section 4 of Land AcquisitionAct, 1894 in the instantappeal is of 11.9.2000and this appealpertainsto Village Khera Khurd and while dealingwith this very Notification, this Court in Jai Singh (supra)in respectofthis Villagehas awarded the compensationfor 'A' categoryland at Rs.18,65,500/-per acre and / the operativepart ofthe decisionrenderedin Jai Singh (supra)reads as under;-

¶70With reference to the notification dated 9.8.2001 wherein with effect from 1.4.2000 minimum price notifiedper acre is ^13.82 lakhsper acre andrequiring saidprice to be suitablyupdatedto reach the date ofthe notificationi.e. 11.9.2000and with referenceto the sale deed dated 25.5.2002whereinfor Category 'C lands, landpriceper acre comes to ^17,74,109/-,roundedoff to ^17,75,000/-per acre, andfor Category 'B' lands increasing the same by 2.5% the price comes to ^18.2 lakhsper acre andfurtherincreasingby 2.5% theprices comes to ^18,65,500/-per acrefor Category 'A ' lands; and decreasingthe saidprices by 11% to reflect the price with reference to the sale deed for the date

11.9.2000; the mean average price for Category 'A' lands in villageKheraKhurdcomes to ^14,83,500/-per acre and decreasing the same by 2.5%), it comes to f74,46,413/-per acrefor Category 'B'lands.

¶3The impugned order of

29.11.2010 reveals that the respondent'sland is of 'A' category and since the compensation awarded by the impugned order for 'A' category of land is Rs.14,40,157/-per acre and is less than the one grantedby this Court LA-App.No.458/2011 Page2of3 in Jai Singh (supra), therefore this appeal is required to be dismissed and is accordingly dismissed.

¶4No costs. NOVEMBER 17, 2011 pkb IL GAUR, J LA.App.No.458/2011 Page3of3

$-17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 458/2011 UNIONOF INDIA&ANR Appellants Through: Mr.Sanjay Poddar, Senior Advocate with Mr.Sanjay Kumar Pathak, Mr.Mohitrao Jadhav, and Ms.Navlin Swain, Advocates for UOI/LAC versus SUDESH&ANR Respondents Through: None. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR