KHAZAN Vs. UNION OF INDIA

JUDGEMENT

(1.) CM 6136/2009 (condonation of delay)Reply to the application has not been filed. Counsel for the appellant fairly states that the application may be allowed but the appellant may not be held entitled to interest for the delayed period, i. e. , 221 days, less a period of 90 days permitted to prefer an appeal. Counsel for respondent No. 1 states that in view of the above statement of counsel for the appellant, he has no objection to the application being allowed. In view of the above, the delay of 221 days in preferring the appeal is condoned. However, the appellant shall not be entitled to interest for the delayed period as noted above. The application is disposed of. LA. APP. 315/2009 the present appeal is preferred by the appellant against the judgment and decree dated 09. 01. 2008, praying inter alia for enhancement of compensation payable by the respondents, for acquiring his land, by Rs. 15,000/- per Bigha.

(2.) COUNSEL for the appellant states that the present appeal is covered by a common judgment delivered by the Division Bench on 23. 10. 2008, in a batch of matters pertaining to village Kakrola, lead matter being Ved Prakash and Ors. vs. Union of India and Ors. registered as LAA No. 673/2008. Para 35 of the aforesaid judgment is reproduced hereinbelow for ready reference:

(3.) COUNSEL for the respondent/uoi fairly states that the appeal preferred by the Union of India, registered as LAA No. 1012/2008 challenging the same judgment and decree dated 09. 01. 2008, was dismissed by the Division Bench on 10. 11. 2008. He further states that his clients are in the process of preferring an appeal against the aforesaid judgment before the Supreme Court.