IN
CIVIL APPEAL NO. 1060 OF 2021
In terms of Order dated 31.01.2020 of this Court, the
appellant authority deposited compensation at the rate of Rs.150/-
per Sq. Yard with all statutory benefits and interests in the
Registry of this Court.
While disposing of the Civil Appeal by order dated 23.03.2021,
we passed the following order:
“In the meantime, the compensation deposited pursuant
to our order dated 31.01.2020 may be released to the
respondents at the rate of Rs. 103.50 per Sq. Yd.
without prejudice to their rights and contentions for
enhancement of the same. The balance deposits may be
forwarded to the High Court to abide by a fresh final
decision that may be taken by it in the matter.”
In compliance of Order dated 23.03.2021, as there was a
dispute in reference to the quantification of payment at the rate
Anita MalhotraDate: of2021.12.04Rs.103.50 per Sq. Yard, as observed by this Court, the appellant
and the respondents both have filed their calculations for the
amount which is payable.
According to the appellant, they have paid in excess over the
rate of Rs. 103.50 per Sq. Yard, at the same time, the respondents
have disputed their mode of calculation and according to them the
deficit amount has been paid under the directions of this Court.
Since the mode of calculation inter se is disputed between the
parties, it may not be advisable for this Court to go into this
question at this stage more so when the matter is pending before
the High Court.
We dispose of the Miscellaneous Application with the
observation that the dispute in respect to the calculation in
compliance of Order dated 23.03.2021 of this Court, will be subject
to the outcome of pending proceedings before the High Court and the
parties are at liberty to question all issues including the
compensation paid pursuant to the directions of this Court. The
balance amount lying in the Registry of this Court shall be
transferred to the Registrar of the High Court of Allahabad under
intimation to this Court.
With these observations the Miscellaneous Application stands
disposed of.
Pending application(s), if any, shall stand disposed of.
IN
CIVIL APPEAL NO. 1061 OF 2021
In terms of Order of this Court dated 31.01.2020, the
appellant-authority deposited compensation at the rate of Rs.150/-
per Sq. Yard with all statutory benefits and interest in the
Registry of this Court.
While disposing of the Civil Appeal by order dated 23.03.2021,
we passed the following order:-
“In the meantime, the compensation deposited pursuant to
our order dated 31.01.2020 may be released to the
respondents at the rate of Rs. 103.50 per sq. yd.
without prejudice to their rights and contentions for
enhancement of the same. The balance deposits may be
forwarded to the High Court to abide by a fresh final
decision that may be taken by it in the matter.”
Mr. Amit Swami, learned counsel appearing on behalf of the
claimants-respondent Nos. 1 and 2 (Atul Chandra and Vibha Chandra)
submits that they are not disputing the calculation but the amount
be released amongst both the claimants in the ratio 1:1.
We direct that the money which has been deposited by the
appellant in terms of the Order of this Court dated 31.01.2020 out
of the total sum of Rs.76,46,878/- be released amongst the
claimants(respondent nos. 1 and 2) in the ratio of 1:1 as no other
claimant has come forward and this fact has not been disputed
before this Court as well, and the balance amount be transferred to
the Registry of the High Court under intimation to this Court.
With these directions, the Miscellaneous Application stands
disposed of.
Pending application(s), if any, shall stand disposed of.
ITEM NO.4 Court 14 (Video Conferencing) SECTION III-A
WITH
Date : 28-09-2021 These petitions were called on for hearing today.
For Petitioner(s) By Courts Motion, AOR
Mr. Rakesh Uttamchandra Upadhyay, AOR
For Respondent(s) Mr. Amit Swami, Adv.
Kumari Rashmi Rani, Adv.
Ms. Rashi Jaiswal, Adv.
Mr. Sriharsh Nahush Bundela, Adv.
Mr. Vipin Kumar Jai, AOR
Mr. Ajai Bhalla, Adv.
Mr. Rajeev Singh, AOR
Ms. Shashi Kiran, AOR
UPON hearing the counsel the Court made the following
Miscellaneous Applications stand disposed of in terms of the
signed orders.
(Signed Orders are placed on the file.)