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Delhi High Court - Orders

North Delhi Municipal Corporation vs M/S. Esvee Polymers Manufacturing ... on 24 August, 2021

Author: Amit Bansal

Bench: Amit Bansal

                     $~(12 & 16)
                     *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                     +     LA.APP. 55/2021
                           NORTH DELHI MUNICIPAL CORPORATION ..... Appellant
                                           Through: Ms. Mini Pushkarna and Ms. Namrata
                                                    Mukim, Standing Counsels for
                                                    NDMC with Ms. Garima Jindal, Ms.
                                                    Latika Malhotra and Ms. Khushboo
                                                    Nahar, Advocates
                                           versus

                           M/S. ESVEE POLYMERS MANUFACTURING
                           COMPANY & ANR.                            ..... Respondents
                                           Through: Mr. S. K. Rout, Advocate for
                                                    respondent No.1
                                                    Mr. Yeeshu Jain, Standing Counsel
                                                    for UOI with Ms. Jyoti Tyagi,
                                                    Advocates
                     16                    AND
                     +     LA.APP. 59/2021
                           NORTH DELHI MUNICIPAL CORPORATION ..... Appellant
                                           Through: Ms. Mini Pushkarna and Ms. Namrata
                                                    Mukim, Standing Counsels for
                                                    NDMC with Ms. Garima Jindal, Ms.
                                                    Latika Malhotra and Ms. Khushboo
                                                    Nahar, Advocates
                                           versus

                           M/S DIVYA AUTOMATES & ANR.               ..... Respondents
                                          Through: Mr. S. K. Rout, Advocate for
                                                   respondent No.1
                                                   Mr. Yeeshu Jain, Standing Counsel
                                                   for UOI with Ms. Jyoti Tyagi,
                                                   Advocates
                           CORAM:
                           HON'BLE MR. JUSTICE AMIT BANSAL
                                    ORDER

% 24.08.2021 Signature Not Verified Signed By:SAKSHI RAMOLA Location: LA.APP. 55/2021 and LA.APP.59/2021 Page 1 of 2 Signing Date:25.08.2021 23:55 [VIA VIDEO CONFERENCING] CM No. 27697/2021 (for exemption) in LA.APP. 55/2021 CM No. 27740/2021 (for exemption) in LA.APP. 59/2021

1. Allowed, subject to just exceptions.

2. The applications are disposed of.

LA.APP. 55/2021 & CM No. 27696/2021 (for stay) LA.APP. 59/2021 & CM No. 27739/2021 (for stay)

3. The present appeals are filed under Section 54 of the Land Acquisition Act impugning the judgment and decree dated 1st February, 2021 and 5th October, 2020 passed by the Reference Court whereby the reference petition filed by respondent no.1 was allowed and the compensation awarded in favour of respondent no.1 was enhanced.

4. Learned counsel appearing on behalf of the appellant submits that a similar appeal, being LA.APP.98/2016, arising out of the same award and pertaining to the same area, has been admitted by this Court.

5. Admit.

6. Issue Notice. Notice is accepted by the Counsels appearing on behalf of the respondents.

7. List the appeals on 21st October, 2021 when similar appeals are listed before this Court.

8. In accordance with the order passed by this Court in LA.APP.98/2016, subject to the appellant depositing 50% of the decretal amount within seven weeks, the operation of the impugned judgments and decrees shall remain stayed.

AMIT BANSAL, J.

AUGUST 24, 2021/dk Signature Not Verified Signed By:SAKSHI RAMOLA Location: LA.APP. 55/2021 and LA.APP.59/2021 Page 2 of 2 Signing Date:25.08.2021 23:55