Court No. - 18
Case :- FIRST APPEAL No. - 204 of 2014 Appellant :- Sharda (Deceased) And Others Respondent :- Collector,Varanasi And Others Counsel for Appellant :- K.S.Shukla,K.N. Rai
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This appeal arises out of Land Acquisition Reference No.125 of 1998 pertaining to acquisition of land in Village Lalpur Pargana Shivpur, District Varanasi vide notification dated 10.7.1992 issued under Section 4 of the Land Acquisition Act.
2. In respect to the said acquisition, several appeals have already been decided by this Court vide judgment 3.10.2016 and the award of the reference Court has been upheld. Reference in this regard is First Appeal No. 829 of 2003 and connected appeals decided on 3.10.2016 which reads as under:-
"Heard learned counsel for the parties in the aforenoted first and second set of appeals.
Learned counsel for the parties jointly state that in both the aforesaid two sets of appeals, namely the appeals filed by the Varanasi Development Authority and the appeals filed by the claimants, the controversy involved relate to the market value of the lands of Village Lalpur Pargana Shivpur, District Varanasi acquired by Varanasi Development Authority for developing a residential scheme. The total area acquired was 147.734 acres. The acquisition was made by notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') published in the U.P. Gazette dated 10.07.1992. Notification under Section 6(1) was issued on 08.07.1993. Collector took actual possession of only 139.72 acres of land. After award was made by the S.L.A.O. on 08.10.1997, several references were made under Section 18 of the Act. The reference court determined the market value of acquired land @ Rs.24000/- per biswa after applying 20% deduction of market value of the land, arrived from exemplar sale deed.
Learned counsel for the parties jointly state that the controversy involved in these appeals, is squarely covered by the judgment of Division Bench dated 24.02.2016 in First Appeal No.933 of 2004, Secretary, Varanasi Development Authority, Varanasi Vs. Lalta and others. They jointly submit that in view of the aforesaid Division Bench judgment in the case of Lalta and others (supra), all the first appeals of First Set filed by the Varanasi Development Authority, deserve to be dismissed and all the first appeals of Second Set filed by the claimants, deserve to be allowed in terms of the said Division Bench judgment.
In view of the submissions made by learned counsel for the parties, all the afore-noted first appeals of First Set filed by the Varanasi Development Authority, are dismissed and first appeals of Second Set, i.e. First Appeal Nos.365 and 366 both of 2006 and First Appeals No.672 of 2008 are hereby allowed in terms of the aforesaid judgment of the Division Bench in the case of Lalta and others (supra)."
3. Accordingly, this appeal has to be decided in terms of the judgment and order dated 3.8.2016 referred to above as it arises out of same award.
4. Appeal allowed.
Order Date :- 29.10.2018 Mukesh