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CASE NO.: Appeal (civil)  7040 of 2000

PETITIONER: Om Prakash & Ors.

RESPONDENT: Dil Bahar & ors.

DATE OF JUDGMENT: 19/05/2006

BENCH: Dr. AR. Lakshmanan & Lokeshwar Singh Panta

JUDGMENT: J U D G M E N T           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

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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.