Union of India & Ors Vs. Shri Risal Singh [1997] INSC 478 (29 April 1997)

K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK

ACT:

HEADNOTE:

O R D E R Delay condoned.

Leave granted.

This appeal by special leave arises from the judgment of the Delhi High court, made on October 30, 1991 in RFA No. 203/91.

Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the 'Act') was published on 27.7.1984 for acquiring the lands for development of the Delhi city. The Land Acquisition officer awarded compensation at the rate of Rs. 17,000/- and Rs. 14,000/- per Bigha. On reference, the civil Court enhanced the compensation to Rs. 20,000/- and Rs. 25,000/- per Bigha. On appeal, by a common judgment, the High court had disposed of as many as 161 appeals. We are informed that against one of the judgment from that batch, Appeal No. 871/95 was filed and this court has dismissed the SPL on the ground of delay as well as on merit. When we asked the learned counsel for the appellant to give the number of cases, though the case was adjourned from time to time, they have not been able to give any number to be lagged with this appeal for disposal. In that view of the matter, as many as 161, which we take it for the time being as 159 appeals, against the judgment, appeals have been allowed to become final; as one appeal has been dismissed by this court solitarily, we decline to go into and examine the merits in the matter for reducing the compensation. Under these circumstances, we are constrained to dismiss this appeal. In case the appellants are able to point out at a latter date that the appeals have been filed against the rest of 159 appeals, liberty is given to them to file an application for review in this appeal and it should be considered accordingly.

The appeal is accordingly dismissed with the above directions. No costs.

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