Allahabad High Court
Purushottam vs State Of U.P. & Another on 2 August, 2016
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 25
1-Case :- FIRST APPEAL No. - 554 of 2008
Appellant :- Purushottam
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,U.P. Singh,V.B. Singh
Counsel for Respondent :- Smt.Rekha Pundir
Connected with
2-Case :- FIRST APPEAL No. - 519 of 2008
Appellant :- Harish Kumar And Others
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Radhey Shyam,Smt.Rekha Pundir,U.P. Singh,V.B. Singh
3-Case :- FIRST APPEAL No. - 517 of 2008
Appellant :- Bhujbir Singh
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Radhey Shyam,Smt. Rekha Pundir,Udai Pratap Singh,V.B. Singh,V.P. Singh
4-Case :- FIRST APPEAL No. - 275 of 2009
Appellant :- Pyare S/O Jhandu
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Ramesh Pundir,Uday Pratap Singh,V.B. Singh (Senior Advo.)
5-Case :- FIRST APPEAL No. - 274 of 2009
Appellant :- Mamraj
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Ramesh Pundir,U.P. Singh,V.B.Singh
Counsel for Respondent :- S.C.
6-Case :- FIRST APPEAL No. - 45 of 2009
Appellant :- Dharam Veer & Others
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Smt.Rekha Pundir,Udai Pratap Singh,V.B.Singh,V.B.Singh (Senior Advo.)
7-Case :- FIRST APPEAL No. - 47 of 2009
Appellant :- Jai Prakash Sharma
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Ramesh Pundir,Udai Pratap Singh,V.B.Singh
8-Case :- FIRST APPEAL No. - 48 of 2009
Appellant :- Mamchand
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Ramesh Pundir,Udai Pratap Singh,V.B. Singh
9-Case :- FIRST APPEAL No. - 46 of 2009
Appellant :- Bhagwat Ram
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Udai Pratap Singh,V.B.Singh
10-Case :- FIRST APPEAL No. - 52 of 2009
Appellant :- Chandra Pal & Others
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhdey Shyam,Ramesh Pundir,Udai Pratap Singh,V.B. Singh
11-Case :- FIRST APPEAL No. - 553 of 2008
Appellant :- Jai Pal And Two Others
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Radhey Shyam,Smt.Rekha Pundir,Udaya Pratap Singh,V.B. Singh
12-Case :- FIRST APPEAL No. - 551 of 2008
Appellant :- Shardanand
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Radhey Shyam,Ramesh Pundir,Uday Pratap Singh,V.B. Singh
13-Case :- FIRST APPEAL No. - 251 of 2009
Appellant :- Bhujbir & Others
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhdey Shyam,Smt. Rekha Pundir,U.P. Singh,V.B. Singh
14-Case :- FIRST APPEAL No. - 44 of 2009
Appellant :- Anand Kumar & Others
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Smt.Rekha Pundir,Udai Pratap Singh,V.B.Singh
15-Case :- FIRST APPEAL No. - 51 of 2009
Appellant :- Mahendra Sharma
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhdey Shyam,Ramesh Pundir,Smt.Rekha Pundir,Udai Pratap Singh,V.B. Singh
16-Case :- FIRST APPEAL No. - 50 of 2009
Appellant :- Mahendra Sharma & Others
Respondent :- State Of U.P.& Another
Counsel for Appellant :- Radhey Shyam,Ramesh Pundir,Udai Pratap Singh,V.B. Singh
17-Case :- FIRST APPEAL No. - 884 of 2014
Appellant :- Harish Chand & Others
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhdey Shyam,Ramesh Pundir,U.P.Singh,V.B.Singh
18-Case :- FIRST APPEAL No. - 194 of 2013
Appellant :- Shiv Charan
Respondent :- State Of U.P. & Another
Counsel for Appellant :- B.D. Tripathi,M.K. Tripathi
19-Case :- FIRST APPEAL No. - 631 of 2014
Appellant :- Deep Chand
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhdey Shyam,Smt. Rekha Pundir,U.P.Singh,V.B.Singh
20-Case :- FIRST APPEAL No. - 627 of 2014
Appellant :- Devki Nandan And Others
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Radhey Shyam,Smt.Rekha Pundir,U.P. Singh,V.B. Singh
21-Case :- FIRST APPEAL No. - 620 of 2014
Appellant :- Sri. Krishna
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Radhey Shyam,Smt.Rekha Pundir,Uday Pratap Singh,V.B. Singh
22-Case :- FIRST APPEAL No. - 476 of 2012
Appellant :- Chandra Pal And Another
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Radhey Shyam,Ramesh Pundir,U.P. Singh,V.B. Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Ramesh Pundir, learned counsel for the appellant and Sri Yateendra, learned standing counsel for the State-respondents.
These appeals arise from common judgment dated 31.5.2001 passed by the Court of VIIIth Additional District Judge, Ghaziabad in 79 land acquisition references, the leading reference being Land Acquisition Reference No.212 of 1990 (Bijendra v. State of U.P. and others ) against which several first appeals were filed by National Thermal Power Corporation, through its General Manager as well as by the claimants. Out of which 69 such appeals were decided by the Division Bench by judgment dated 8.4.2015 passed in Leading First Appeal No.865 of 2002 ( National Thermal Power Corporation Through its G.M. v. State of U.P. and others ) and other connected appeals.
By the aforesaid judgment, the Division Bench partly allowed the appeal as under :
"78. We are also of the view that considering the location and other potentiality of land acquired, as mentioned by S.L.A.O. and also noticed by Reference Court, the deduction of 35% is slightly on higher side and it should be 30% which would meet the ends of justice.
79. The correct and actual market rate as per award in question, therefore, would come to Rs. 40/- (round off) per sq. yard. The rest of the award with regard to amount of solatium, interest etc. is hereby confirmed.
80. In the result, the appeals preferred by claimant-tenure holders are partly allowed to the extent that deduction of 35% made by Reference Court is reduced to 30%. Similarly, the appeals preferred by N.T.P.C. are partly allowed to the extent that actual rate of compensation awarded by Reference Court stands reduced from Rs. 43/- per sq. yard to Rs. 40/- per sq. yard. The direction of Reference Court with respect to payment of solatium @ 30% and interest at different rates for different periods mentioned therein shall remain intact and is hereby confirmed.
81. All the appeals stand partly allowed in the manner as aforesaid. However, there shall be no order as to costs"
In view of the aforesaid, all the appeals are partly allowed in terms of the judgment dated 8.4.2015 passed in Leading First Appeal No.865 of 2002 ( National Thermal Power Corporation Through its G.M. v. State of U.P. and others ) and other connected appeals. The substitution applications in the aforenoted appeals are allowed and the delay in filing the substitution applications is condoned.
Order Date :- 2.8.2016
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