Court No. - 37
Case :- FIRST APPEAL No. - 434 of 2021 Appellant :- Ram Swarup Kohli And Others Respondent :- State of U.P. and Another Counsel for Appellant :- ,Jagdish Singh Counsel for Respondent :- Vivek Saran
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
1. Heard learned counsel for the parties and perused the record.
2. This appeal under Section 54 of Land Acquisition Act read with Section 96 of Civil Procedure Code has arisen from the award dated 14.07.1992 passed by District Judge, Ghaziabad (hereinafter referred to as the "Reference Court"), adjudicating 94 Land Acquisition References (hereinafter referred to as the "LAR") including LAR No. 445 of 1991 (Ram Swarup Kohli and others Vs. State of U.P.), determining compensation of acquired land at the rate of Rs. 75/- per sq. yard.
3. We propose to decide the appeal without original records. The pendency of this appeal is only litigation arising out of acquisition and appellate proceedings which has not attained finality. This appeal which was defective appeal of the year 1993 has been numbered by us after condoning the delay. The substitution application was also filed recently. The appeal came to be dismissed on 10.1.1996. The Court fees are also now paid. We are requested by both the learned Advocates to dispose of this appeal on the lines of order passed in First Appeal No. 433 of 2018 (Bishambhar Singh and others vs. State of U.P.) but Sri Vivek Saran, learned counsel for the respondent has rightly pointed out that for this long period of delay in filing restoration, we cannot saddle the respondents with interest on solatium. Relevant portion of the said order is as under:
"2. I am informed that against same acquisition notifications, in some other matters, compensation was determined at the rate of Rs. 120/- per sq. yard and said rate of compensation has been confirmed by this Court in First Appeal No. 56 of 2005 (U.P. Avas Evam Vikas Parishad Vs. Jawahar Lal and others), decided on 21.07.2015.
3. In view thereof and following the reasons given in aforesaid judgment dated 21.07.2015, I partly allow this appeal and modify impugned judgment and award dated 14.07.1992, providing that compensation shall be determined at the rate of Rs. 120/- per sq. yard. In respect of other aspects, i.e., rate of solatium, interest etc., the award is confirmed."
4. The aforesaid order will enure for the benefit of the appellants herein. In this case the appellants would be entitled to sum of Rs.120/- per sq. yard. However, for the period of delay in filing the restoration, the authority concerned shall not be liable for interest. The restoration was filed on 2.7.2021. The interest would be paid after the said date and for the period from 1993 to 1996 when it was remained as defective appeal. We also rely on the decision of this Bench in First Appeal No.436 of 2021 (Satya Prakash Vs. State of U.P. and another) decided today relying on the order of learned Single Judge in First Appeal Defective No.157 of 2017 dated 28.2.2020.
5. In view of the above, this appeal is partly allowed. The amount be deposited within 12 weeks from today.
6. The judgment and decree shall stand modified to the aforesaid extent.
Order Date :- 13.8.2021 DKS