Court No. - 59
Case :- FIRST APPEAL No. - 149 of 2005
Appellant :- Power Grid Corporation Of India Ltd
Respondent :- Rameshwar And Others
Counsel for Appellant :- Piyush Bhargava
Counsel for Respondent :- Pankaj Mitthal,Madan Mohan,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.
Order on Delay Condonation Application No.10628 of 2016 and Substitution Application No.10630 of 2016 The respondent No.1 has died issue-less on 14.05.2005. The respondent No.2 has also died issue-less on 02.04.2013. It is stated that the aforesaid respondents have left behind their heir and legal representative namely Smt. Santosh, daughter of Mawasi.
Cause shown for delay in filing the substitution application is sufficient. The substitution application is not being opposed by the respondents. Therefore, the delay condonation application and Substitution Application are allowed. Legal representative of the deceased respondent Nos.1and 2 as mentioned in paragraph-5 of the affidavit accompanying the substitution application be substituted. Necessary correction in the array of parties be made.
Order on Appeal:-
By notification dated 27.10.1999 under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') published in local newspapers on 12.11.1999 and 13.11.1999, land measuring 3.9529 hectares situate in village 'Mataur' and village 'Samauli Salempur', Pargana and Tehsil Sardhana, District Meerut, was acquired for establishing 765/400/220 KV Sub-station. Notification under Section 6 of the Act was issued on 22.11.1999. The Special Land Acquisition Officer made the award. Dissatisfied with the offer made under the award, several land owners filed references under Section 18 of the Act. By the impugned common judgment dated 29.09.2004 passed by the Additional District Judge, Court No.17, Meerut, 39 land acquisition references were decided determining compensation @ Rs.131/- per square meter. Aggrieved with this judgment, the land owners filed first appeals before this court. The claimants-respondents herein have filed the present first appeal arising from the judgment passed in L.A.R. No.7 of 2002.
Prior to the aforesaid acquisition, huge land was earlier acquired by the appellants by notification dated 13.02.1995. Several land acquisition references under Section 18 of the Act were filed by land owners for compensation of land acquired under the notification dated 13.02.1995. Against the judgment passed by the reference court, the land owners as well as the appellant Power Grid Corporation of India Ltd. filed large number of first appeals before this court, leading first appeal being First Appeal No.96 of 2005 (Power Grid Corporation of India Ltd. vs. Jagpal Singh and others), which were disposed of by a Division Bench and the matter was remanded to the reference court. Against the Division Bench judgment remanding the matter, the claimants filed Special Leave to Appeal (Civil) No. 5429-5455 of 2017), which were allowed by Hon'ble Supreme Court on 01.05.2017 and High Court was requested to decide the appeals and cross- objections on merit instead of remanding it. Pursuant to the aforesaid order of Hon'ble Supreme Court, 208 first appeals, the leading first appeal being First Appeal No.96 of 2005, were decided by the Division Bench by a common judgment dated 12.12.2018. 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 present first appeal arises from the acquisition of adjoining land made subsequently in the year 1999. By the impugned judgment, the reference court has determined compensation @ Rs.131/- per square meter while the Division Bench of this court has determined higher compensation for acquisition of adjoining land made earlier by notification dated 13.02.1995. Therefore, the compensation determined under the impugned judgment by the reference court cannot be said to be excessive. Consequently, I do not find any merit in this appeal.
In view of the aforesaid, the appeal is dismissed.
Order Date :- 29.05.2019 NLY