Satpal Singh And Others vs State Of U.P. & Others
2017 Latest Caselaw 1391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 
Reserved on 17.11.2016
 
Deliverred on 30.5.17   
 
Court No. - 34
 

 
Case :- FIRST APPEAL No. - 155 of 2002 
 

 
Appellant :- Satpal Singh And Others 
 
Respondent :- State Of U.P. & Others 
 
Counsel for Appellant :- Deo Prakash Singh,Madan Mohan 
 
Counsel for Respondent :- SC, Mahendra Pratap 
 
 
 
Hon'ble Sudhir Agarwal,J. 

Hon'ble Virendra Kumar-II,J.

( Delivered by Hon'ble Sudhir Agarwal, J.)

1. This appeal was heard on 17.11.2016 and judgement was reserved. Learned counsel for parties stated before Court that already a bunch of appeals led by First Appeal No.665 of 1999 was heard and reserved on 02.11.2016 and since this appeal involves similar question, therefore, learned counsel adopted arguments advanced in the aforesaid bunch of appeals and requested that this matter may also be connected and decided with First Appeal No.665 of 1999. Hence following order was passed on 17.11.2016 on separate sheet :

"1. Heard Sri Madan Mohan, learned counsel for appellants, learned Standing Counsel for State - Respondent No. 1 and Sri Anurag Yadav holding brief of Sri Mahendra Pratap for respondent No. 2.

2. It is stated that similar issue has already been argued in First Appeal No. 665 of 1999 and judgement has been reserved. Learned counsel for the parties adopted arguments raised therein and submitted that this appeal may also be decided along with the same.

3. Connect with First Appeal No. 665 of 1999.

4. Judgement reserved."

2. However, Private Secretary, who took aforesaid dictation kept the file of this appeal with him and did not bring it to the notice of Court. In the meantime, First Appeal No.665 of 1999 connected with eight other First Appeals was decided vide judgment dated 06.01.2017 but since the record of this case was neither placed before us nor it was brought to our notice that First Appeal No.665 of 1999 is already notified or decided, the present appeal could not be decided and remained pending.

3. We find that Judgment Writer Sri L.B.Yadav, who took dictation on 17.11.2016 is directly responsible for this lapse and since it is a serious misconduct, we find it appropriate to direct Registrar General of this Court to take appropriate disciplinary action in accordance with relevant Rules and inform the Court about final outcome by completing proceedings within three months.

4. Now coming to merits of the matter, we find that this appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") has arisen from the judgment and order dated 31.10.1994 and decree dated 14.11.1994, passed by Sri D.D.Sharma, VIth Additional District Judge, Ghaziabad in Land Acquisition Reference (hereinafter referred to as "LAR") No.245 of 1991 connected with LAR No.480 of 1991, determining market value of acquired land at the rate of Rs.7/- per sq. yard, besides other benefits like, solatium, interest etc. as per provisions of Act, 1894.

5. Proceedings for acquisition of land in Village Jathwara Kalan commenced by publication of notification dated 09.07.1962 under Section 4(1) of Act, 1894. In respect of similarly placed other landowners, by judgment and award dated 23.05.1987 passed in LAR No.91 of 1979, District Judge, Ghaziabad determined compensation at Rs.7/- per sq. yard. Some other similar matters came to be decided by different/other Reference Courts. LAR Nos.184 and 185 of 1988, LAR Nos.55 and 56 of 1989 were adjudicated by Smt. Sadhna Chaudhary, VIth Additional District Judge, Ghaziabad vide judgment and order dated 04.04.1991 and following earlier awards, Sri D.D.Sharma, VIth Additional District Judge, Ghaziabad, by impugned award, also determined market value at the rate of Rs.7/- per sq. yard in respect of LAR No.480 of 1991. This judgment came to be considered by this Court in First Appeal No.56 of 1995 , Abhay Ram and others Vs. State of U.P. and others and vide judgment dated 06.01.2017, appeal has been allowed, following judgment of Supreme Court in Ghaziabad Development Authority Vs. Anoop Singh and others, 2003 (2) SCC, 484 where, in respect of acquired land under notification in question, with which we are concerned, relating to Village Jathwara Kalan, compensation was determined at the rate of Rs.85/- per sq. yard. This was also followed by another Division Bench in Ghaziabad Development Authority Vs. Ram Kishan and others connected seven appeals, decided on 01.12.2014. Operative part of judgment dated 06.01.2017 contained in paragraphs no.18, 19, 20 and 21 passed in First Appeal No.56 of 1995 (Leading First Appeal No.665 of 1999) read as under :

"18. Following the said decision, in other appeals i.e. GDA Vs. Ram Kishan, and others connected seven appeals (supra), decided by this Court vide judgment dated 01.12.2014, it has been held that Claimants/Tenure holders, whose land was acquired by notification dated 09.02.1962, they are also entitled for compensation at the rate of Rs.85/- per square yard. Operative part of judgment dated 01.12.2014 reads as under:-

"Here also, the land situates at Village Jatwara Kalan. The date of notification is 9.2.1962, whereas the date of notification of the aforesaid case is 18.8.1962. Of course, there is a gap of six months between these notifications. In this regard, it is necessary to mention that so far more than five decades have passed. Hence, a gap of six months in publication of notices is negligible. Moreover, both the matters pertain to same village Jatwara Kalan and falls within same Tehsil.

For the reasons aforesaid, the appeals filed by the GDA and State Government for reduction of compensation are hereby dismissed and the appeals filed by the claimants/landloosers for enhancement of the compensation are allowed. The claimants-private respondents shall be entitled for compensation @ Rs. 85/- per square yard, as held by us above and they shall be paid the enhanced compensation together with other statutory dues [like solatium, interest etc.], as directed by the Reference Court, within three months from the date of receipt of a certified copy of this order.

So far defective appeals are concerned, any defect/s was/were deficiency of court fees, it is directed that same will be recovered/adjusted in accordance with rules, while preparing final decree by the department.

All the pending applications shall also stand disposed of accordingly.

Parties shall bear their own costs."

19. Sri Mahendra Pratap, learned counsel for GDA could not dispute that the issue raised in all these appeals is squarely covered by the aforesaid judgment, in GDA Vs. Anoop Singh and others (supra) and Division Bench judgment of this Court, in GDA Vs. Ram Kishan and others (supra), decided on 01.12.2014.

20. In view thereof, we allow Appeals No. 665 of 1999, 666 of 1999, 706 of 1999, 670 of 1999 and 56 of 1995, in the same term, as directed vide judgment dated 01.12.2014, of this Court, in First Appeal No. 525 of 1992, GDA Vs. Ram Kishan and others, and the other connected appeals, and dismiss Appeals No. 270 of 1991, 267 of 1991, 268 of 1991 and 269 of 1991, filed by defendant respondent i.e. GDA.

21. There shall be no order as to costs. "

6. This appeal is accordingly, allowed. Judgment and award dated 31.10.1994 is modified. We hold that appellant shall be entitled to compensation at the rate of Rs.,85/- per sq. yard. The appeal stands decided in terms of order dated 01.12.2014 passed by this Court in First Appeal No.525 of 1992, Ghaziabad Development Authority Vs. Ram Kishan and others and judgment dated 06.01.2017 passed in First Appeal No.56 of 1995, Abhay Ram and others Vs. State of U.P. and others.

7. A copy of this order shall be sent to Registrar General of this Court also for communication and compliance.

Order Date :- 30.05.17

Akn

Case :- FIRST APPEAL No. - 155 of 2002

Appellant :- Satpal Singh And Others

Respondent :- State Of U.P. & Others

Counsel for Appellant :- Deo Prakash Singh,Madan Mohan

Counsel for Respondent :- SC, Mahendra Pratap

Hon'ble Sudhir Agarwal,J.

Hon'ble Virendra Kumar-II,J.

Allowed. For judgment and order see our order of date passed

on separate sheets.

Order Date :- 30.5.17

Akn