Shambu vs Noida Thru. Chief Exe. Officer And ...
2021 Latest Caselaw 10916 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- FIRST APPEAL No. - 441 of 2021
 

 
Appellant :- Shambu
 
Respondent :- Noida Thru. Chief Exe. Officer And Another
 
Counsel for Appellant :- Rudra Pratap Mishra,A.C. Srivastava,Vineet Kumar Singh
 
Counsel for Respondent :- Shivam Yadav
 

 
Hon'ble Siddharth,J.

Heard Sri Vineet Kumar Singh, learned counsel for the appellant and Sri Shivam Yadav, learned counsel appearing for New Okhla Industrial Development Authority.

This appeal has been filed by claimant-appellant for enhancement of compensation determined by the District Judge, Gautam Budh Nagar vide judgment and decree dated 29.11.2003/12.12.2003 passed on Land Acquisition References under Section 18 of the Land Acquisition Act (for short the 'Act').

Learned counsel appearing for the parties are not at issue that various reference under Section 18 of the Act were connected and decided by the District Judge, Gautam Budh Nagar vide judgment and award dated 07.10.2003 and the same was subject matter of challenge in various appeals filed by the claimants for enhancement as well as by NOIDA. All the said appeals were clubbed together and the leading appeal was First Appeal No. 196 of 2011 and were decided by a Division Bench by a common judgment and order dated 19.09.2014 holding that claimants, whose land is situate at village Mamoora, are held to be entitled for payment of compensation at the rate of Rs.297/- per sq. yard along with all statutory benefits, solatium, interest and additional interest as provided under Section 23 (2) and 28 of the Land Acquisition Act, 1894. Accordingly, Division Bench allowed all the first appeals filed by the claimants and those filed by NOIDA were dismissed.

In view of the above, the claimant-appellant in the present appeal is also held entitled for payment of compensation at the rate of Rs.297/- per sq. yard along with all statutory benefits, solatium, interest and additional interest as provided under Section 23 (2) and 28 of the Land Acquisition Act, 1894.

Accordingly, the appeal stands allowed.

However, the learned counsel for the respondent has stated that the appellant should not be entitled to any interest for the period the appeal remain defective i.e. 09.09.2004 till the defect was removed on 28.07.2021. Therefore, except the aforesaid period, the appellant shall be entitled to the interest as per this order.

However, in the facts and circumstances, there shall be no order as to costs.

Order Date :- 26.8.2021/SS