Court No. - 59
Case :- FIRST APPEAL No. - 630 of 1993
Appellant :- U.P. Avas Evam Vikas Parishad Through Housing Commissioner
Respondent :- Atar Singh And Others
Counsel for Appellant :- P.K.Singhal
Counsel for Respondent :- Ashok Kumar Tripathi (Now Ashok Tripathi)
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri A.S. Rana, learned counsel for the appellant-U.P. Avas Evam Vikas Parishad and Sri Ashok Kumar Tripathi, learned counsel for the respondents.
Order on Civil Misc. Application Nos.241 of 1997 and 242 of 1997
The application No.241 of 1997 has been filed for substitution of heirs and legal representatives of deceased-respondent no.1 Atar Singh, as mentioned in paragraph no.2 of the affidavit accompanying the Substitution Application, who died on 1.9.1996. The application No.242 of 1997 has been filed for condonation of delay.
The heirs of the deceased respondent no.1 are represented through counsel Sri Pankaj Tyagi and subsequently by Sri Ashok Kumar Tripathi,.
Learned counsel for the respondents have no objection to the aforesaid delay condonation application and Substitution application. Delay in filing the substitution application is condoned. Delay Condonation Application is allowed. Substitution Application is also allowed. Heirs and legal representatives of the respondent No.1, as mentioned in paragraph 1 of the affidavit accompanying the substitution application be substituted. Necessary correction in the array of parties be carried within two days.
Order on appeal and cross objection No.33 of 2019
This first appeal has been filed challenging the judgment dated 9.7.1993 in LAR No.126 of 1987, passed by the Court of IX Additional District Judge, Bulandshahar.
By Notification under Section 4(1) of the Land Acquisition Act, 1894, dated 29.9.1979, which was published on 29.9.1979, certain land of claimants situate in Village - Mohalla Tanda, District - Bulandshahar, was acquired for "गगृहस्थथान ययोजनथा ससंख्यथा-२". The award was made on 11.10.1984. The reference Court determined compensation @ Rs.80/- per sq. yd. alongwith other statutory benefits and interest.
In First Appeal No.910 of 1993 (U.P. Avas Evam Vikas Parishad Vs. Kuria Singh and others) arising from the same acquisition and with respect to the land of the same village, the compensation has been determined @ Rs.87/- per sq. yard by judgment dated 12.12.2018.
Both learned counsels for the parties jointly state that the controversy involved in this appeal and cross objection is squarely covered by the aforesaid judgment in First Appeal No.910 of 1993, decided on 12.12.2018.
In view of the statement, the First Appeal filed by the U.P. Avas Evam Vikas Parishad is dismissed and the cross objection filed by the claimants- respondents is allowed in terms of the judgment dated 12.12.2018 in First Appeal No.910 of 1993 (U.P. Avas Evam Vikas Parishad Vs. Kuria Singh and others) The claimants-respondents may submit their bank account details to the competent authority of U.P. Avas Evam Vikas Parishad, within three weeks from today so that the entire balance amount of compensation, if any, may be remitted to them directly in their bank account after due verification.
Order Date :- 27.2.2019/vkg