Court No. - 59
Case :- FIRST APPEAL No. - 597 of 2004
Appellant :- U.P. Avas Evam Vikas Parishad
Respondent :- Sunder Lal And Others
Counsel for Appellant :- Pankaj Barman,N.C.Tripathi,V.K.Barman
Counsel for Respondent :- Shailendra Kr.Jauhari,Kshitij Shailendra
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri N.C.Tripathi, learned standing counsel for the appellant and Sri Kshitij Shailendra, learned counsel for the respondent.
By Notification dated 26.07.1980, under Section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam, land of the claimant-respondent was acquired for "Uttar Pradesh Bhoomi Grah Sthaniya Yojana - I, Chandausi, Moradabad". The Special Land Acquisition Officer made the award on 22.09.1986 offering compensation @ Rs.30.04 per sq. meter. Dissatisfied with the award the claimant filed LAR No.244 of 1987 (Sunder Lal And Others Vs. Collector Moradabad & others), which was decided by the Court of Additional District Judge, Court No.9, Moradabad, by judgment dated 19.09.2002, determing compensation @ Rs.60 per sq. yard alongwith other statutory benefits and interest. A similar FIRST APPEAL No. - 907 of 1991, arising from the same acquisition and the scheme, filed by the appellant herein was dismissed as not pressed by order dated 16.7.2018.
The Valuation of the appeal is Rs.45,677.62/-.
By policy decision dated 13.10.2016, the State Government has amended its State Litigation Policy by inserting para 4(ff) whereby it has been provided that first appeals in land acquisition matters below monetary limit of Rs.2 lacs, shall not be filed and the first appeals which have already been filed below the aforesaid monetary limit, shall be withdrawn.
Learned standing counsel would submit that the valuation of the appeal is less than Rs.2 lac.
A detail order dated 17.10.2016 in First Appeal No.29 of 2014, Agra Development Authority Vs. Munna Lal (Deceased) and seven others has been passed quoting therein the affidavit filed on behalf of the State Government and the government order dated 13.10.2016, and in view thereof the appeal has been dismissed on the ground of smallness of valuation of appeal.
In view of the aforesaid, this appeal is also dismissed.
However, dismissal of this appeal shall not come in the way of the State Government to contest appeal of higher valuation as provided in the policy decision dated 13.10.2016. Liberty is also granted to the State Government to file a recall application for recall of this order of dismissal of appeal on the ground of smallness of valuation, in case any technical objection is raised by other claimants for dismissal of some other appeal of higher valuation filed by the State Government and arising from the same acquisition.
Order Date :- 29.5.2019/vkg