Court No. - 59
Case :- FIRST APPEAL No. - 431 of 2018 Appellant :- Ramanand Respondent :- State Of U.P. Thru Collector And Another Counsel for Appellant :- S.K. Lakhtakia,Hemant Kumar,Shiv Shankar Singh,Shiv Sharan Singh Counsel for Respondent :- S.C.,Ambrish Shukla,C S C,Kaushalendra Nath Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Shiv Shankar Singh,learned counsel for the appellant, learned Standing Counsel for the State-respondents and Sri Ambrish Shukla, learned counsel for respondent NOIDA.
Admit.
Learned counsel for the parties jointly state that the controversy involved in this appeal is squarely covered by the judgment of this Court dated 25.3.2019 in First Appeal No.467 of 2006(Ram Phal v. State of U.P. and others) and other connected first appeals.
Briefly stated the facts of the present case are that by a Notification under Section 4 of the Land Acquisition Ac, 1894, published in the Gazette dated 2.2.1991, land of village Morna, Pargana and Tehsil Dadri, district Ghaziabad ( Now Gautambudh Nagar), measuring 276-12-15 bighas was acquired. Notification under Section 6 of the Act, was published in the Gazette dated 4.1.1992. The Special Land Acquisition Officer made the award offering compensation @ Rs.74.40 per Sq. yard.
Aggrieved with the offer made, large number of land holders filed references under Section 18 of the Act. Thirty-six references were decided by the impugned common judgment dated 10.2.2003 passed by the Second Additional District & Sessions Judge, Ghaziabad, determining compensation @ Rs.264/- per Sq. yard along with other statutory benefits.
The present appeal has been filed against the judgment in LAR No.177 of 1996, which finds mention at Serial No.10 of the impugned judgment. By the judgment in the case of Ram Phal (supra), the compensation has been determined @ Rs. 355/- per Sq. yard along with other statutory benefits and interest.
Learned counsels for the parties jointly state that the present first appeal being similar to first appeal of Ram Phal (supra) may also be allowed in terms of the judgment in the case of Ram Phal (supra).
In view of the aforesaid, the present appeal is allowed in terms of the judgment in the case of Ram Phal (supra). The impugned judgment and decree passed by the reference court is accordingly modified.
Order Date :- 26.4.2019 Ak/