Delhi High Court - Orders
Union Of India vs Sh. Om Prakash Deceased Thr, Lrs (A) Sh. ... on 23 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LA.APP. 248/2023
UNION OF INDIA ..... Appellant
Through: Mr. Sanjay Kumar Pathak, Advocate
with Mr. Sunil Kumar Jha, Mr. M.S.
Akhtar, Mrs. Rini V. Tigga and Mrs.
Nidhi Thakur, Advocates
versus
SH. OM PRAKASH DECEASED THR, LRS (A) SH. SANJAY
KHATRI S/O LATE OM PRAKASH & ORS. ..... Respondents
Through: Ms. Mrinalini Sen, Standing Counsel
for DDA.
Ms. Anusuya Salwan, Ms. Ruchika
Rathi, and Mr. Harshit Gupta,
Advocates for DSIIDC.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 23.05.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 27518/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM APPL. 27519/2023 (for extension of time to file court fees)
3. This is an application seeking extension of time to affix the Court fees on the appeal.
4. For the reasons stated therein, the application is allowed.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 01:05:39 Further time of six weeks is granted to affix the appropriate Court fees.
5. The application stands disposed of.
CM APPL. 27521/2023 (for delay in filing the appeal)
6. This is an application seeking condonation of delay of 1288 days in filing the present appeal.
7. Mr. Pathak, learned counsel appearing for the applicant/ appellant submits that though the appeal was drafted, however, due to COVID-19 as also due to frequent transfers of the LAC, the appeal could not be filed in time.
8. Issue notice. Notice is accepted by Ms. Mrinalini Sen, learned Standing Counsel appearing on behalf of respondent DDA and Ms. Anusuya Salwan, learned counsel appearing on behalf of Respondent DSIIDC.
9. So far as the un-served respondent is concerned, upon the appellant taking steps within two weeks, notice be issued to respondent no.1, by all permissible modes. LA.APP. 248/2023 & CM APPL. 27520/2023 (for stay)
10. Appellant challenges the judgment and decree dated 16.07.2019 passed in LAC No. 165/2016 titled as "Sh. Om Prakash vs. UOI & Anr." in respect of the acquisition of land of Village Bhorgarh, whereby the compensation as awarded by the LAC was enhanced.
11. Mr. Pathak, learned counsel appearing for the appellant submits that the issues in the present appeal are similar to the issue already raised in LA.APP. 100/2023 titled as "Union of India vs. Om Prakash and Anr." which is listed before this Court on 13.09.2023.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 01:05:39
12. Issue notice. Notice is accepted by Ms. Mrinalini Sen, learned Standing Counsel appearing on behalf of respondent DDA and Ms. Anusuya Salwan, learned counsel appearing on behalf of Respondent DSIIDC.
13. So far as the un-served respondent is concerned, upon the appellant taking steps within two weeks, notice be issued to respondent no.1, by all permissible modes.
14. Upon deposit of the entire decretal amount within eight weeks from today, the operation of impugned order passed by the learned Reference Court shall remain stayed.
15. List on 31.07.2023 before the Joint Registrar for completion of service qua respondent no.1.
16. Thereafter, list the present appeal on 13.09.2023 alongwith LA.APP. 100/2023 before the Court TUSHAR RAO GEDELA, J MAY 23, 2023/nd This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 01:05:39