Court No. - 2
Case :- FIRST APPEAL No. - 433 of 2018 Appellant :- Bishambhar Singh Andothers Respondent :- State Of U.P.
Counsel for Appellant :- S.Kumar,Santosh Kumar,Virendra Kumar Jaiswal
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as the "Act, 1894") has arisen from the award dated 14.07.1992 passed by District Judge, Ghaziabad (hereinafter referred to as the "Reference Court"), adjudicating 94 Land Acquisition References (hereinafter referred to as the "LAR") including LAR No. 433 of 1991 (Bishambhar Singh and others Vs. State of U.P.), determining compensation of acquired land at the rate of Rs. 75/- per sq. yard.
2. I am informed that against same acquisition notifications, in some other matters, compensation was determined at the rate of Rs. 120/- per sq. yard and said rate of compensation has been confirmed by this Court in First Appeal No. 56 of 2005 (U.P. Avas Evam Vikas Parishad Vs. Jawahar Lal and others), decided on 21.07.2015.
3. In view thereof and following the reasons given in aforesaid judgment dated 21.07.2015, I partly allow this appeal and modify impugned judgment and award dated 14.07.1992, providing that compensation shall be determined at the rate of Rs. 120/- per sq. yard. In respect of other aspects, i.e., rate of solatium, interest etc., the award is confirmed.
4. The appeal is partly allowed. The State shall act as per the judgment referred herein above and deposit the said awarded amount within 12 weeks from today.
5. Record, if any, be sent to the Trial Court forthwith.
Order Date :- 31.5.2018 Mukesh