Court No. - 24
Case :- FIRST APPEAL No. - 381 of 1983 Appellant :- Nathey Respondent :- State Of U.P.& Another Counsel for Appellant :- J.C. Srivastva,J.S. Srivastava,Kr.
R.C. Singh,Shri Krishna Mishra Counsel for Respondent :- V.K. Rastogi,A.K.Rastogi,K.B.Garg,S.C.
Hon'ble Saral Srivastava,J. Order on Substitution Application
The substitution application has been filed for substituting the legal heirs of sole appellant Nathey who has died on 22.11.1987.
No counter affidavit has been filed to the substitution application.
The Substitution Application No. Nil of 1988 dated 30.01.1988 is allowed.
Learned counsel for the applicant is permitted to carry out necessary correction in the array of parties, in the memo of appeal as well as stay application during the course of the day.
Order on Appeal
In this land acquisition appeal, the appellant has prayed for enhancement of compensation. The learned counsel for the appellant has relied upon the Division Bench judgment of this Court rendered in First Appeal No. 699 of 1987 Smt. Kamlesh Kumari Vs. State of U.P. decided on 17.7.2001 by which the Division Bench has allowed the appeal and directed to pay the compensation as per award made in the Land Acquisition Reference No.238 of 1984 passed by the learned District Judge of the same village. The learned District Judge had awarded the compensation at the rate of Rs.28.12 per sq. yard.
In this case also after the perusal of the judgment, I find that the appellant has been granted the same rate as was granted in the land Acquisition Reference No.213 of 1977. The land is of the same vicinity and the village. Therefore, I allow the appeal with the direction that the appellant should be given compensation at the rate of Rs.28.12 per sq. yard along with 30% solatium and other benefits accordingly as per the provisions of land Acquisition Act.
The appeal is allowed accordingly. No order is passed as to costs.
Order Date :- 17.9.2018 Ishan