HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- FIRST APPEAL No. - 455 of 2005 Appellant :- U.P.S.I.D.C. Thru' Its M.D. Respondent :- Suresh Kumar Gupta & Another Counsel for Appellant :- S.K. Mishra Hon'ble Sudhir Agarwal,J.
Hon'ble Brijesh Kumar Srivastava-II,J.
1. Sri S.K. Mishra, Advocate for the appellant. None appeared on behalf of the respondents though the case is called in revised.
2. It is stated that this matter is squarely covered by the judgment and order dated 05.08.2015 passed by this Court in First Appeal No. 881 of 2004 U.P.S.I.D.C. Thru' Its M.D. Versus Satya Narain & Another, wherein this Court passed following order:
"1. Heard Sri S. K. Mishra, learned counsel for the appellant and perused the record.
2. This appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") read with Section 96 of Code of Civil Procedure has arisen from the award dated 23.12.2003 passed by Sri S. K. Goyal, Additional District Judge, Court No. 12, Ghaziabad in Land Acquisition Reference No. 338 of 1994 (Satya Narayan Vs. State of U.P. and others).
3. Acquisition notification issued under Section 4(1) of Act, 1894 was published vide Gazette Notification dated 06.04.1989, proposing to acquire 184.45 acres of land in Village Pavi, Pargana Loni, Tehsil and District Ghaziabad. The Special Land Acquisition Officer(hereinafter referred to as "SLAO") made its award computing market value of the land at the rate of Rs.39.62 per sq. yard. Thereagainst, claimants-land owners being dissatisfied with the offer made by SLAO got References made to District Judge under Section 18 of Act, 1894 whereafter impugned award dated 23.12.2003 has been made whereby the Court below has determining market value of acquired property, for the purpose of compensation, at the rate of Rs. 78/- per square yard.
4. Only dispute raised in this appeal is regarding rate of market value determined by the court below.
5. It is contended that the SLAO has determined the market value at the rate of Rs. 39.62/- per square yard and now it has been enhanced upto at the rate of Rs. 78/- by the court below in favour of land owner, which is excessive and illegal.
6. Learned counsel for appellant stated at the Bar that the controversy in this appeal is similar and identical to the First Appeal No. 613 of 2005, U.P. S.I.D.C. Vs. Smt. Ram Rakhi and others, decided vide judgment dated 23.04.2015 holding that market value determined by Reference Court was neither excessive nor illegal in any manner.
7. For the reasons contained in judgment of this Court dated 23.04.2015 in First Appeal No. 613 of 2005, U.P. S.I.D.C. Vs. Smt. Ram Rakhi and other (supra) and having found that the facts and legal issues involved in this appeal are same as involved in that matter, we follow the reasons stated in the aforesaid judgment and dismiss this appeal.
8. No costs."
3. Following the aforesaid judgment and for the same reasons contained therein, this appeal is dismissed.
Order Date :- 22.9.2015 Ishan