Court No. - 59
1. Case :- FIRST APPEAL No. - 151 of 2005 Appellant :- Power Grid Corporation Of India Ltd Respondent :- Govind And Others Counsel for Appellant :- Piyush Bhargava Counsel for Respondent :- Vinayak Mithal
2. Case :- FIRST APPEAL No. - 154 of 2005 Appellant :- Power Grid Corporation Of India Ltd Respondent :- Raj Singh And Others Counsel for Appellant :- Piyush Bhargava Counsel for Respondent :- Vinayak Mithal
3. Case :- FIRST APPEAL No. - 155 of 2005 Appellant :- Power Grid Corporation Of India Ltd Respondent :- Illahibaksh And Others Counsel for Appellant :- Piyush Bhargava Counsel for Respondent :- Vinayak Mithal
4. Case :- FIRST APPEAL No. - 159 of 2005 Appellant :- Power Grid Corporation Of India Ltd Respondent :- Sukhbir And Others Counsel for Appellant :- Piyush Bhargava Counsel for Respondent :- Vinayak Mithal Hon'ble Surya Prakash Kesarwani,J.
Heard Sri J. Nagar, learned senior advocate assisted by Sri Piyush Bhargava, learned counsel for the appellant and Sri Madan Mohan and Sri Vinayak Mithal, learned counsels for the claimants-respondents/ cross objectors.
By notification dated 13.02.1995 under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act'), certain land situate in village 'Mataur' and village 'Samauli Salempur', Pargana and Tehsil Sardhana, District Meerut, was acquired for establishing 765/400/220 KV Sub-station.
The controversy relating to the determination of compensation arising from the same acquisition and for the adjoining land, has been decided by a Division Bench of this court by a common judgment dated 12.12.2018 passed in 208 first appeals, the leading first appeal being First Appeal No.96 of 2005 (Power Grid Corporation of India Ltd. vs. Jagpal Singh and others). The operative portion of the aforesaid judgment dated 12.12.2018 (Paras 135, 136 and 137), is reproduced below:
"135. In the result, market value of acquired land of Land Owners subject matter of these appeals are determined as under:
(I) The acquired land which is within 500 meters of G.T. Road will be paid compensation at the rate of Rs. 200/- per square meter provided area of acquired land of separate khasra numbers and land owners is upto 10,000 square meters.
(II) Where area of acquired land is more than 10,000 square meters and it is within 500 meters from G.T. Road, compensation shall be determined at the rate of Rs. 180/- per square meter.
(III) For the land beyond 500 meters from G.T. Road upto area 10,000/- square meters of different khasra no., land owners will be paid compensation at the rate of Rs. 150/- per square meter.
(IV) Where area of acquired land is more than 10,000 square meters and it is beyond 500 meters from G.T. Road, compensation shall be determined at the rate of Rs. 135/- per square meter.
136. In respect to other statutory compensations, like, solatium, interest etc. impugned judgments and awards of Court below are hereby affirmed, but in respect to market value, i.e., rate of compensation, impugned awards shall stand modified in the manner hereinabove.
137. In view of above, all the appeals preferred by PGCIL are dismissed and the Appeals/Cross Objections of Land Owners are partly allowed in the manner as aforesaid.
138. There shall be no order as to costs. "
The claimants respondents have filed Cross Objection No.51754 of 2005 in First Appeal No.151 of 2005, Cross Objection No.51756 of 2005 in First Appeal No.154 of 2005 and Cross Objection No.51757 of 2005 in First Appeal No.155 of 2005.
Learned counsels for the parties jointly state that the controversy involved in the present first appeals and the cross objections, is squarely covered by the aforesaid Division Bench judgment in First Appeal No.96 of 2005 and, therefore, the first appeals as well as cross- objections may be disposed of in terms of the aforesaid Division Bench judgment.
In view of the statement jointly made by learned counsels for the parties as afore-noted, all the first appeals are dismissed and cross- objections are disposed of in terms of the Division Bench judgment dated 12.12.2018 in First Appeal No.96 of 2005 (Power Grid Corporation of India Ltd. vs. Jagpal Singh and others). The impugned judgments and decrees passed by the court below are accordingly modified.
Since Substitution Application Nos.431713 of 2015 and 431704 of 2015 in First Appeal No.154 of 2005, Substitution Application Nos.174505 of 2012 and 377411 of 2015 in Cross-Objection in First Appeal No.154 of 2005 and Substitution Application No.19049 of 2014 in Cross-Objection in First Appeal No.155 of 2005, are not being opposed by the either side, therefore, all the substitution applications are allowed. Necessary correction in the array of parties be carried immediately.
Order Date :- 29.05.2019 NLY