JALANDHAR IMPROVEMENT TRUST Vs. DALJINDER SINGH

JUDGEMENT

(1.) THE present appeal was failed beyond limitation. Notice of the application for condonation of delay was issued to the respondents. After hearing the learned counsel for the parties and for the reasons given in the application for condonation of delay, the delay in filing the appeal is condoned. We have heard the learned counsel for the parties at length on merits of the appeal as well. The appeal is being disposed of at the motion stage.

(2.) THE learned Single Judge allowed the writ petition filed by the claimant -respondents relying upon an earlier judgment of this Court. The learned counsel appearing for the appellant (Jalandhar Improvement Trust) relying upon the judgment of apex Court in Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama, AIR 1990 Supreme Court 981 : 1990(2) RRR 146, raised the contention that the claimant -respondent were not entitled to the additional compensation under Section 23 (1 -A) of the Land Acquisition (Amendment) Act, 1984.

(3.) AS against this, the learned counsel appearing for the respondents relied upon a later judgment of the Supreme Court in Union of India and another etc. etc. v. Zora Singh etc. etc. 1991(2) RRR 162 : JT 1991(4) S.C. 538, wherein the apex Court has specifically over -ruled the judgment on which reliance was placed by the counsel for the appellant. In view of the later judgment of the Supreme Court in Zora Singh's case it is held that the claimant respondents are entitled to the benefits of Section 23(1 -A) of the amended Act.