Court No. - 34
Case :- FIRST APPEAL No. - 740 of 2004 Appellant :- U.P. State Industrial Development Corporation Ltd.
Respondent :- Chandrapal Singh & Others Counsel for Appellant :- S.K. Mishra Counsel for Respondent :- J.P. Singh,Dinesh Kumar Chadha
Hon'ble Sudhir Agarwal,J.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Rishi Chadha, learned counsel for the appellant in this Cross Objection/Cross Appeal, Sri S.K. Mishra, learned counsel for the U.P.S.I.D.C. and Sri M.C. Chaturvedi, learned Additional Advocate General appearing for the State.
2. Learned counsel for parties admitted that in respect of same acquisition proceeding, Reference Court determined market value of acquired land at the rate of Rs. 80/- per sq. yard and one of such award dated 19th September, 2002, passed by 12th Additional District Judge, Aligarh, in Land Acquisition Reference No. 6 of 1997, has been confirmed by this Court in First Appeal No. 613 of 2005 (U.P. State Industrial Development Corporation Ltd Vs. Smt. Ram Rakhi and others) vide judgment dated 23.4.2015. It is said that in the above and other matters compensation has been determined at the rate of Rs. 80/- per sq. yard, hence appellant in the present case is also entitled for same rate of compensation, particularly, since land in question has also been acquired in same acquisition proceeding as involved in aforesaid L.A.R. No. 79 of 1993.
3. In view of above, this Cross Appeal is partly allowed and impugned judgment and award dated 19th September, 2002 passed in Land Acquisition Reference No.6 of 1997 stands modified only to the extent that market value for the purpose of compensation of acquired land of appellant shall be Rs. 80/- instead of Rs. 60/- per share yard but in respect to other aspects like solatium, interest, the impugned judgment and award is confirmed.
Order Date :- 19.12.2018 Manish Tripathi