K. C. Sharma Company vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 19

MINI PUSHKARNA
K. C. Sharma Company – Appellant
Versus
Union Of India – Respondent

Advocates Appeared:
For the Petitioner: Mr. Raj Kumar Sharma with Mr. Pradeep Kr. Sharma, Adv.
For the Respondents: Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Adv.

JUDGMENT :

[Mini Pushkarna, J.] :

1. By way of the present writ petition, the petitioner seeks directions against the respondents for considering the case of the petitioner for allotment of alternative plot of land in lieu of acquisition of the land bearing khasra no. 14/9(4-09), 12(4-16), 17(4-16), 18(4-16), 19(4-16), 20/1(2-12), 23(4-16), 24(5-10) total measuring 36 bighas 11 biswas at Village Lohar- Heri Palam vide award no. 161-86-87 dated 19.09.1986.

2. It is submitted that vide judgment dated 14.08.2020 in Civil Appeal no. 9049/2011, the Supreme Court has upheld the entitlement of the petitioner company to the extent of 87% of the amount of compensation, as was held by the Learned ADJ vide its order dated 28.09.1989. The balance 13% compensation was given to Gaon Sabha against the acquisition of the land in question. Thus, it is submitted that the petitioner is entitled for alternative allotment of land, as per the policy of the respondents.

3. Mr. Yeeshu Jain, standing counsel appearing for the respondents submits that all the persons who are entitled for alternative allotment of plots have already been allotted the said plots. Thus, he submits that the petitioner as such has

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