Om Prakash & Ors Vs. Dil Bahar
& Ors  Insc 329 (19 May 2006)
Ar. Lakshmanan & Lokeshwar Singh Panta Dr. Ar. Lakshmanan, J.
appeal is directed against the judgment and final order dated 31.3.2000 passed
by the High Court of Delhi at New Delhi in
Civil Appeal no.820 of 1987. The same has been pending before this Court since
above matter was listed for final hearing before us during summer vacation. On
16.5.2006, after hearing the respective learned counsel appearing for the
parties, we passed an order requesting the learned counsel for the parties to
discuss this matter with their respective clients and explore the possibility
of settling the matter amicably by sharing the compensation amount according to
their due share and thereafter pursue the Reference jointly under section 18 of
the Land Acquisition Act for enhancement of compensation. Again on 18.5.2006,
we passed a detailed order after hearing all the parties. Both the parties
agreed to share the compensation at the rate of 65% for the respondents 1,2
& 3 and 35% for the appellants and respondent no.5. Certain other
directions were also issued by that order.
to the above two orders, the parties to this appeal have filed an application
for placing on record and recording compromise arrived at between the parties.
We have perused the Compromise Memo. The Compromise Memo has been signed by Mr.
Harinder Mohan Singh, learned counsel for the appellants and Mr. Randhir Singh
Jain, learned counsel for the respondent nos.1,2 & 3. The compromise is in
tune with the discussions made by the parites on the two earlier occasions as
mentioned in other two orders. Mr. Om Prakash, appellant no.1 herein, Mr. Ajit
Singh, appellant no.2 herein, Mr. Sumer Singh, appellant no.3 herein, Mr. Rajinder
Prashad, appellant no.4 herein, Mr. Jai Pal, respondent no.6 herein, Mr. Dil Bahar,
who was originally arrayed as respondent no.2 in the above appeal and presently
respondent no.1, Mr. Mohinder Singh, who was originally arrayed as respondent
no.3 in the above appeal and presently respondent no.2, and Mr. Gulab Singh,
who was originally arrayed as respondent no.4 in the above appeal and presently
respondent no.3 have filed sworn affidavits stating that the compromise has
been arrived at with cosent which has been given by them of their free will and
volition and the same shall be binding on all of them. They also ratified that
the statements made in para nos.1 to 6 of the application for placing on record
and recording compromise arrived at between the parties are true to their
knowledge. The affidavits have been attested by Mr. Dipankar Das, Notary
Public, on 18.5.2006.
the parties have mutually and amicably settled the matter amongst themselves,
we dispose of the appeal by recording the compromise arrived at between the
parties. The Compromise Memo will form part of the judgment and decree in this
appeal. The Compromise Memo will also be attached with the Judgment and copies
will be furnished to all the parties on payment of necessary charges. In view
of the compromise, the parties are at liberty to withdraw the compensation
which is now available with the Land Acquisition Officer, New Delhi and also that may be awarded in
Reference under Section 18 of the Land Acquisition Act and in other appeals/proceedings
that may be taken up subsequently in accordance with Law.
appeal is accordingly disposed of. There shall be no orders as to costs.