SUPREME COURT OF INDIA
Om Prakash and Others
Vs
Dil Bahar and Others
Appeal (Civil) 7040 of 2000
(Dr. Ar. Lakshmanan and L. S. Panta, JJ)
19.05.2006
DR. AR. LAKSHMANAN, J.
The 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 2000.
The 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.
Pursuant 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.
Since 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.
The appeal is accordingly disposed of. There shall be no orders as to costs.