Power Grid Corporation Of India ... vs S.S. Gupta & Others
2015 Latest Caselaw 2534 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- FIRST APPEAL No. - 835 of 2003
 

 
Appellant :- Power Grid Corporation Of India Ltd.
 
Respondent :- S.S. Gupta & Others
 
Counsel for Appellant :- Piyush Bhargava
 
Counsel for Respondent :- Madan Mohan
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

1. Heard learned counsel for the parties 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 24.12.2002 passed by Sri Umesh Chandra-II, Additional District Judge, Court No. 5, Ghaziabad in Land Acquisition References No. 587 of 1991 (S.S. Gupta through its Proprietor Vs. State of U.P. and another) and thirteen other connected matters.

3. Facts in brief are that acquisition proceedings proposing to acquire some land belonging to the claimants along with others situate in village - Mandola Nanu, District- Ghaziabad for appellant-Power Grid Corporation of India Ltd. by State Government, commenced on a Notification issued under Section 4(1) of Act, 1894 vide Gazette Notification dated 25.02.1988. Notification under Section 6(1) of Act, 1894 was published in Official Gazette on 15.5.1988. The Special Land Acquisition Officer (hereinafter referred to as "SLAO") made its award computing market value of the land at the rate of Rs.20/- per sq. yard. The land owners being dissatisfied with the offer made by SLAO got references made to District Judge under Section 18 of the Act, 1894 whereafter impugned award has been made whereby the Court below has enhanced the rate of compensation to Rs.52/-per square yards in respect of acquired land.

4. Learned counsel for the parties stated at the bar that the issue raised in this appeal is same as has already been considered, discussed and decided in a Division Bench judgment of this Court in respect of land acquired of the village Naanu and Mandola, Pargana- Loni, District- Ghaziabad vide judgment dated 12.8.2015 passed in First Appeal No. 837 of 2003 (Power Grid Corporation of India Ltd vs. M/S. Garg Famrs And others) and other connected matters.

5. For the reasons contained in judgment of this court dated 12.8.2015 in First Appeal No.837 of 2003 (Power Grid Corporation of India Ltd vs. M/S. Garg Famrs And others) (supra) and having found that the facts and legal issues involved in this appeal are same as involved in that matter, we follow the aforesaid judgment and dismiss this appeal filed by Power Grid Corporation of India Ltd.

Order Date :- 22.9.2015

Ishan