LAWS(PAT)-2019-4-68

UNION OF INDIA, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, THROUGH DEFENCE ESTATE OFFICER Vs. ARJUN YADAV SON OF KISHUN YADAV

Decided On April 22, 2019
Union Of India, Ministry Of Defence, Government Of India, Through Defence Estate Officer Appellant
V/S
Arjun Yadav Son Of Kishun Yadav Respondents

JUDGEMENT

(1.) This appeal is by the Union of India arising out of a writ petition in proceedings under the Land Acquisition Act, 1894 where the appellant was not made a party and the writ petition was allowed vide impugned judgment dated 7th of May, 2014 in C.W.J.C. No. 20058 of 2012 and other analogous cases and in compliance whereof proceedings under the 2013 Act were drawn up and orders were passed in exercise of powers under Section 64 of the 2013 Act, thereby considerably enhancing the amount of compensation payable to the respondent-petitioners applying the rates as per the new Act. The appeal had been entertained and notices were issued on 17th of April, 2018 and, simultaneously, an interim order was passed staying the operation of the impugned judgment.

(2.) The order dated 17th of April, 2018 is extracted hereinunder:-

(3.) Thereafter vide order dated 18th December, 2018 leave to appeal was granted to the appellant and the delay in the filing of the appeal was condoned whereafter the respondents were called upon to file their response. The interim order extracted hereinabove was directed to continue until further orders.