Court No. - 59
Case :- FIRST APPEAL No. - 269 of 2018
Appellant :- Rama Nand And Others
Respondent :- State Of U.P. Thru Collector And Another
Counsel for Appellant :- S.K. Lakhtakia, Hemant Kumar,S.S. Singh
Counsel for Respondent :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Sri Hemant Kumar, learned counsel for the claimants-appellants and Sri Girish Vishwakarma, learned standing counsel for the respondent no.1 are present. No one appears on behalf of the respondent no.2 - NOIDA, even in the revised call.
In view of office report dated 29.5.2019, service of notices upon the respondents is deemed sufficient. This appeal was filed as a defective appeal in the year 2003. Regular number to it was allotted in the year 2018. Thus, this appeal is pending in this Court from last about 16 years.
By Notification published in the Gazettee on 02.02.1991, under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act'), land measuring 276-12-15 bighas, situate in Village - Morna, pargana & Tehsil - Dadri, District - Ghaziabad (now District - Gautam Budh Nagar) was acquired for planned development. Notification under Section 6(1) of the Act was published in the Gazettee on 04.01.1992. The Special Land Acquisition Officer (SLAO) made the award offering compensation @ Rs.74.40 per square yard. Dissatisfied with the offer made by SLAO under the aforesaid award, several land owners filed references under Section 18 of the Act. Thirty six such land acquisition references have been decided by the impugned common judgment dated 10.2.2003, passed by the 2nd Additional District and Sessions Judge, Ghaziabad. Present first appeal arise from the impugned common judgment passed in LAR No.185 of 1996.
Both the learned counsels for the parties jointly state that the controversy involved in the present appeal is squarely covered by a judgment of this Court dated 25.03.2019 in First Appeal No.467 of 2006 (Ram Phal And Others Vs. State Of U.P. And Others) and other connected First Appeal whereby the compensation of the land acquired under the same Notification and of the same Village, has been determined @ Rs.355/- per sq. yard.
In view of the statement made by learned counsels for the parties this appeal is also allowed in terms of the judgment in the case of Ram Phal and Others (supra). The claimant-appellants shall be entitled for compensation @ Rs. 355/- per sq. yard besides other statutory benefits and interest.
Order Date :- 30.5.2019/vkg