Court No. - 59
Case :- FIRST APPEAL No. - 642 of 2017
Appellant :- Smt. Murti Devi & Ors. Respondent :- State Of U.P.& Ors. Counsel for Appellant :- Madan Mohan Counsel for Respondent :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Madan Mohan, learned counsel for the claimants-appellants, learned standing counsel for the State-respondents and Sri Anurag Yadav, learned counsel for the respondent-Ghaziabad Development Authority on Delay Condonation Application No.3 of 2018, Recall Application No.4 of 2018, the Amendment Application No.219281 of 2003 and appeal.
Cause shown for delay in filing the recall application is sufficient. Cause shown for non-appearance is also sufficient. Therefore, the Delay Condonation and Recall Applications are allowed. Order dated 07.10.2017 is recalled. The First Appeal is restored to its original number.
The Amendment Application No.219281 of 2003 is also allowed. Necessary correction be carried out within three days. The Stamp Reporter shall determine the deficient amount of court fees within a week, which shall be deposited by the appellants within two weeks thereafter.
The land of the claimants was acquired by notification under Section 4(1) of the Land Acquisition Act, 1893 published on 09.02.1962. The award was passed on 01.02.1964. The reference court passed the impugned judgment dated 04.04.1991 determining compensation of the acquired land at the rate of 7% per square yard along with other statutory benefits. Dis-satisfied with the aforesaid judgment, the claimants filed present appeal.
Learned counsels for the appellants and respondents jointly submit that the controversy is covered by a Division Bench judgment of this Court dated 10.11.2016 in First Appeal No.543 of 1997 (Bandhu Khan vs. State of U.P.), therefore, the present appeal may also be disposed of in terms of the aforesaid judgemnt in the case of Bandhu Khan (supra), which has been partly allowed following the judgment of Hon'ble Supreme court dated 23.02.2016 in Civil Appeal No.1710 of 2016 wherein the compensation has been finalized at the rate of Rs.42.50 per square yard.
In view of the statement made by the learned counsels for the parties, as above-noted, the present appeal is also partly allowed in terms of the judgment dated 10.11.2016 in First Appeal No.543 of 1997 (Bandhu Khan vs. State of U.P.) subject to deposit of court fees as directed above. The impugned judgment is accordingly modified.
Order Date :- 28.11.2018 NLY