Court No. - 30
Case :- FIRST APPEAL No. - 15 of 2013 Appellant :- Mst. Dei Respondent :- State Of U.P. Thru Collector And Others Counsel for Appellant :- T.N. Tiwari Counsel for Respondent :- Akhileshwar Singh,S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri T.N. Tiwari, learned counsel for the appellant as well as Sri Akhileshwar Singh, learned Standing Counsel appearing for the respondent-Corporation and have perused the record.
Sri T.N. Tiwari, learned counsel for the appellant has placed reliance on a judgement of Hon'ble Division Bench of this Court dated 16.4.2018 passed in First Appeal No. 161 of 2010 (U.P. State Industrial Development Corporation Ltd. vs. Nazir and others) along with connected appeals. Drawing attention to paragraphs 129 and 130 of the said judgement, he submits that this appeal is fully covered by the aforesaid judgement.
Sri Akhileshwar Singh, learned Standing Counsel appearing for the respondent-Corporation has not disputed the same.
Paragraphs 129 and 130 of the aforesaid judgement is quoted as under:
"129. When questioned, learned Senior Counsel Sri Chaturvedi could not point out any apparent discrepancy in the award dated 05.12.2009 in LAR No.3 of 2003 (First Appeal no.161 of 2010) wherein, for an area of 19 decimal of acquired land, market value has been determined by Reference Court at Rs.5,115/- per decimal relying on sale deed exemplar, which pertains to land measuring 6-1/4 decimal. Therefore, in our view, in all the cases, where area of acquired land of different landowners is upto 250 decimal, market value at Rs.5,115/- per decimal would be justified and we do not find any valid reason to make distinction in every separate piece of land for the purpose of compensation, particularly when entire land has been acquired under same acquisition notification and has same kind of potential for development.
130. However, in all those cases where acquired land of different landowners is more than 250 decimal, deduction for largeness of area should be applied at the rate of 58%, which will bring market value at Rs.4,570/- per decimal."
Consequently, the present appeal is also decided in terms of the aforesaid judgement dated 16.4.2018 as quoted above.
Order Date :- 25.7.2019 Abhishek