Court No. - 59
Case :- FIRST APPEAL No. - 417 of 2018 Appellant :- Ramanand Respondent :- State Of U.P. Thru Collector And Another Counsel for Appellant :- Hemant Kumar,S.K. Lakhtakia,Shiv Shankar Singh Counsel for Respondent :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Shiv Shankar Singh, learned counsel for the appellant, Sri Shyam Sundar, learned Standing Counsel for respondent no.1 and Sri Ambrish Shukla, learned counsel for respondent no.2, NOIDA.
This appeal has been filed to challenge the judgment dated 10.2.3003 in LAR No.193 of 1996 (Rama Nand v. State of U.P.) passed by the the IInd Additional District & Sessions Judge, Ghaziabad. The impugned judgment is a common judgment which has been passed in 36 LARs, arising from the land acquisition made by notification dated 2.2.1991, under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'), whereby 276-12-15 bighas land of Village Morna, Pargana and Tehsil Dadri, District Ghaziabad (now Gautam Budh Nagar), was acquired.
Dissatisfied with the offer made by the Special Land Acquisition Officer, the claimants filed several references under Section 18 of the Act. Thirty-six references were decided by the impugned common judgment dated 10.2.2003 determining compensation @ Rs.264/- per Sq. yard.
Aggrieved with the judgment, the appellant has filed the present appeal for compensation.
Learned counsel for the parties joint inform that similar First Appeal No.467 of 2006 (Ram Phal v. State of U.P. and others) and other connected appeals have been decided by common judgment dated 25.3.2019 passed by this Court, which arose from the impugned common judgment and, therefore, the present appeal may also be allowed in terms of the aforesaid judgment in the case of Ram Phal (supra).
In view of the statement made by the learned counsel for the parties, the present appeal is also allowed in terms of the judgment in First Appeal No.467 of 2006 in the case of Ram Phal (supra) and other connected first appeals. The appellants shall be entitled compensation @ Rs.355/- per Sq. yard along with other statutory benefits. The deficiency of court fees shall be determined by the office within a week which shall be deposited by the appellants within one month of the determination.
Order Date :- 29.4.2019 Ak/