Court No. - 59
Case :- FIRST APPEAL No. - 900 of 1992
Appellant :- Pratap Singh & Others Respondent :- State Of U.P. & Others Counsel for Appellant :- Pankaj Mithal
Counsel for Respondent :- Dr. Daya Shankar,Mahendra Pratap
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 Amendment Application No. 206259 of 2003 and Appeal.
The Amendment Application No. 206259 of 2003 is 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