Court No. - 59
Case :- FIRST APPEAL No. - 857 of 1992 Appellant :- Harpal Singh Respondent :- State Of U.P. & Others Counsel for Appellant :- O.P.Srivastava Counsel for Respondent :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
List revised. Case called out. No one appears on behalf of the appellant. Sri B.K. Nagaich, learned standing counsel is present.
Learned standing counsel points out that connected First Appeal No.908 of 1987 (Shisho and others vs. State of U.P.) was decided on 28.02.2003 arises from the impugned common judgment passed by the reference court in which compensation with respect to the acquired land was determined @ Rs.15/- per square yard. The judgment in the aforesaid First Appeal No.908 of 1987, along with First Appeal No.466 of 1987 (Ran Pal Singh vs. State of U.P.), was passed on 28.02.2003, holding as under:
"These are six First Appeals under Land Acquisition Act (here in after referred to as the Act). These appeals arise out of same notification under section - 4 of the Act and common questions are involved. The award is also the same. The claimants tenure holders have filed the present appeal for further enhancement of compensation.
The State Government acquired 267 Bigha 7 Biswas and 5-biswansi land in Village Chhipyana buzurg district Ghaziabad. The land was acquired for the purposes of construction of Car-shed of the electric multiple units of the Indian Railways. The notifications under Sections 4 and 6 of the Land Acquisition Act were issued on 7-3-1981. The notification under section 17 of the Act was issued on 17.03.1981 and possession was taken on 16-4-1981. The Award is dated 15-3- 1982. The Special Land Acquisition Officer has given the compensation at the rate of Rs.8/- per Sq. yard.
Various references were filed at the instance of different tenure holders. Learned District Judge by the impugned judgment and decree dated 15-2-1986 decided sixty References and enhanced the compensation from Rs.8/- per sq. yard to Rs.12 per sq. yard. Learned District Judge, decided all the sixty references by a common judgment. The present appeals arise out of such six references.
These references were 292 of 1982, 291 of 1982, 261 of 1982, 254 of 1982, 243 of 1982 and 238 of 1982.
First appeal no.466 of 1987 had been filed against the joint reference of Shish Ram and Johan Singh. In appeal Johan Singh, co-tenure holder was deleted from the array of parties and, as such, the said First appeal no.466 of 1987 is confined to the claim of Shish Ram only.
I have heard Sri Y.K. Sinha, learned counsel for the appellant and the learned Standing Counsel.
Both the counsel jointly stated that the present controversy has been set at rest by a judgment of this Court passed in First appeal No.832 of 1988 decided on 14-2-
1997. This Court in the said First Appeal no.832 of 1988 disposed of bunch of first appeals with respect to the same notification and Award. This Court in the said appeal concluded that reasonable market value after reading the evidence on record can not be less than rupees fifteen per sq. yard and the District Judge has committed an error in awarding rupees twelve per sq. yard. The decree was accordingly modified.
Following the aforesaid judgment these appeals are also disposed of on the same terms and conditions, as mentioned in the said judgment. Consequently the judgment and decree of the learned District Judge is modified accordingly.
(1) each of the claimants is entitled to the price of his land or share of land calculated at the rate of Rs.15/- per sq. yard.
(2) each of the claimants are entitled to get interest at the rate of 9% per annum by virtue of act No.68 of 1984 for the year on enhanced rate from the date of taking possession and thereafter Rs.15/- per annum till the date of deposit.
(3) none of the appellants- claimants is entitled to get the benefit of Section 23(1- A) of the Land Acquisition Act since the Act is prospective.
(4) each of the claimants is entitled to get solatium at the rate of 30% on the market value of the land calculated at the rate of Rs.15/- per sq. yard.
In the result First appeal no.466 of 1987, First appeal no.892 of 1987, First appeal no.377 of 1994, First appeal no.281 of 1994, First appeal no.908 of 1987 and First appeal no.92 of 1988 are allowed partly and disposed of accordingly."
In view of the fair stand taken by the learned standing counsel as aforenoted, this first appeal is also partly allowed in terms of the judgment dated 28.02.2003 in First Appeal No.466 of 1987 (Ranpal Singh vs. State of U.P.).
Order Date :- 19.12.2018 NLY