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2009 Supreme(SC) 511

ASOK KUMAR GANGULY, ARIJIT PASAYAT
D. D. A. – Appellant
Versus
Mahender Singh – Respondent


Advocates appeared:
For the Appellant :A.Sharma, ASG, Vishnu B. Saharaya, Advocates. For the
Respondents:Satpal Singh, N.S. Vashisht, Vishal, Kanchan Kaur Dhodi, Advocates

Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in these appeals is to the judgment of a Division Bench of the Delhi High Court allowing the Writ Petitions filed by respondents under Article 226 of the Constitution of India, 1950 (in short the ‘Constitution). Prayer in the writ petitions was to direct the present appellant to make payment of statutory interest under Section 34 of the Land Acquisition Act, 1894 (in short the ‘Act) for the acquisition of the land in terms of the award No.3/1997-98 dated 10.12.1997. The appellant resisted the claim on the ground that such a prayer cannot be accepted in the writ petitions. The High Court, however, held that the writ applications were to be allowed. Accordingly, it directed the respondents in the writ petitions including the present appellant to pay the interest payable to the claimants in terms of Section 34 of the Act and pay costs of Rs.10,000/- .

3. In support of the appeals, learned counsel for the appellant submitted that the direction given by the High Court is clearly contrary to a Full Bench judgment of the Delhi High Court in Net Ram and Anr. v. Union of India and Ors. (86 (2000) DLT 606).

4. Learned counsel fo










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