Union Of India And Another v. Tek Chand And Others

1. We have heard learned counsel and are satisfied that the view taken by the High Court is correct. We may point out that the judgment of the Delhi High Court in the case of Raj Singh v. Union of India AIR 1973 Del 169 followed therein has been approved by this Court in the case of Union of India v. Harish Chand Anand 1995 Supp (4) SCC 113 though it must be said that the issue before this Court was much narrower than that before the Delhi High Court. In any event, we find that the view taken by the Delhi High Court is the appropriate view in the circumstances and we do not approve of the contrary view taken by the Himachal Pradesh High Court in Durga Dass Sud v. Union of India AIR 1972 HP 26. 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 individual case to hear the grantee on the aspect of the compensation.

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