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1999 Supreme(SC) 2

SUPREME COURT OF INDIA
S.P. BHARUCHA, AND V.N. KHARE,JJ
UNION OF INDIA AND ANOTHER Appellants;
Versus
TEK CHAND AND OTHERS Respondents.
Civil Appeals No. 3525 of 1983 with No. 6011 of 1983
Decided on January 5, 1999

The court's decision was based on the approval of the judgment of the Delhi High Court and the disapproval of the contrary view taken by the Pradesh High Court.

Headnote:

Judgment - Legal View - The court approved the judgment of the Delhi High Court and disapproved the contrary view taken by the Pradesh High Court, leading to the dismissal of the appeals.

Fact of the Case:

The court approved the judgment of the Delhi High Court and disapproved the contrary view taken by the Pradesh High Court, leading to the dismissal of the appeals.

Finding of the Court:

The court found the view taken by the Delhi High Court to be correct and dismissed the appeals, while also refusing to interfere with the directions given in the judgment.

Issues: The main issue was the conflicting views taken by the Delhi High Court and the Pradesh High Court, and the appropriate view to be adopted by the court.

Ratio Decidendi: The court's decision was influenced by the approval of the judgment of the Delhi High Court and the disapproval of the contrary view taken by the Pradesh High Court.

Final Decision: The appeals were dismissed with no order as to costs.

ORDER

1.We have heard learned counsel and are satisfied that the view taken by 11ft is correct. We may point out that the judgment of the Delhi the case of Raj Singh v. Union of India1 followed therein has been approved by this Court in the case of Union of India v. Harish Chand Anand it must be said that the issue before this Court was much that before the Delhi High Court. In any event, we find that .en by the Delhi High Court is the appropriate view in the circumstance and we do not approve of the contrary view taken by the Pradesh High Court in Durga Dass Sud v. Union of India7. This would dispose of the appeal by the grantee.

2.So far as the appeal by the Union of India against the same judgment is concerned, we find no reason to interfere with the directions given in the se to hear the grantee on the aspect of the compensation.

3. The appeals are dismissed. No order as to costs.

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