Risal Singh And Others vs State Of U.P.
2019 Latest Caselaw 5551 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL No. - 593 of 1982
 

 
Appellant :- Risal Singh And Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- G.N.Verma,S.K.Mishra
 
Counsel for Respondent :- S.C.,Amit Manohar
 

 
Hon'ble Vivek Kumar Birla,J.

Re-C.M. Delay Condonation Application No. 6369 of 2016

No counter affidavit has been filed. Cause shown is sufficient. The application is allowed and the delay in filing the restoration application is condoned.

Re-C.M. Restoration Application No. 6374 of 2016

Heard learned counsel for the applicant and perused the affidavit filed in support of this application. No counter affidavit has been filed. Cause shown is sufficient. This application is allowed. The order dated 18.7.2003 is recalled. The appeal is restored to its original number.

Re: Civil Misc. Delay Condonation Application No. 179268 of 2015

Heard learned counsel for the applicant and learned counsel for the respondent. He states that he has no objection in case the delay condonation application and substitution application is allowed.

No counter affidavit has been filed. Cause shown is sufficient. The application is allowed and the delay in filing the substitution application is condoned.

Re-C.M. Substitution Application No. 179269 of 2015

This application is allowed. Learned counsel for the applicant is permitted to carry out necessary correction in the array of parties, in the memo of appeal as well as stay application within ten days.

Re: Appeal

In this land acquisition appeal, the appellant has prayed for enhancement of compensation. The learned counsel for the appellant has relied upon the Division Bench judgment of this Court rendered in First Appeal No. 699 of 1987 Smt. Kamlesh Kumari Vs. State of U.P. decided on 17.7.2001 by which the Division Bench has allowed the appeal and directed to pay the compensation as per award made in the Land Acquisition Reference No.238 of 1984 passed by the learned District Judge of the same village. The learned District Judge had awarded the compensation at the rate of Rs.28.12 per sq. yard.

In this case also after the perusal of the judgment, I find that the appellant has been granted the same rate as was granted in the land Acquisition Reference No.213 of 1977. The land is of the same vicinity and the village. Therefore, I allow the appeal with the direction that the appellant should be given compensation at the rate of Rs.28.12 per sq. yard along with 30% solatium and other benefits accordingly as per the provisions of land Acquisition Act.

The appeal is allowed accordingly.

No order is passed as to costs.

Order Date :- 8.7.2019

Lalit Shukla