Allahabad High Court
The Deputy Chief Engineer, ... vs State Of U.P. And 2 Others on 15 March, 2021
Bench: Kaushal Jayendra Thaker, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
1. Case :- FIRST APPEAL No. - 234 of 2018
Appellant :- The Deputy Chief Engineer, Central Railway
Respondent :- State Of U.P. And 2 Others
Counsel for Appellant :- Sanjay Kumar Tiwari,Sanjay Kumar Tiwari
Counsel for Respondent :- Ramendra Asthana,Ashok Kumar Tripathi (Now Ashok Tripathi)
With
2. Case :- FIRST APPEAL No. - 721 of 2018
Appellant :- The Deputy Chief Engineer Construction-II
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Sanjay Kumar Tiwari
Counsel for Respondent :- Ashok Tripathi
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Ajit Singh,J.
We find that the present first appeal has been filed by the Railway Board challenging the judgment and order dated 28.11.2017 passed by the learned Additional District Judge/Presiding Officer, U.P.A.E. V.P. Tribunal, Civil Courts, Agra in Land Acquisition Case No. 586/2004 (Shri Vikas Jain Vs. State of U.P. through Collector, Agra and 2 others).
The connected First Appeal No. 721of 2018 has been preferred by the Railway Board against the judgment and order dated 7.3.2018 passed by learned Additional District and Sessions Judge/Presiding Officer, U.P.A.E. V.P. Tribunal, Civil Lines, Agra in Land Acquisition Case No. 574/2004 (Shri Dharmesh Kumar Shivhare Vs. State of U.P. through Collector, Agra and 3 others).
With the consent of the learned counsel for both the parties, both these appears are taken up together for final disposal.
It is stated by the learned counsels for the appellants that the learned Single Judge of this Court in First Appeal No. 827 of 2018, vide judgment and order dated 23.04.2019, which arose out of the same land acquisition, has already decided the lis between the parties and they want that the present appeal also be decided in the light of the said judgement and order passed by the learned Single Judge.
It is not disputed by the counsel for the respondents that the compensation which has been determined in the First Appeal No. 827 of 2018, is determined in the instant First Appeal No. 234 of 2018 and the connected First Appeal No. 721 of 2018. Para - 10 of the judgment and order passed by the learned Single Judge in the First Appeal No. 827 of 2018 reads as under:-
"10. Since, learned counsels for the parties have agreed that the impugned judgment may be modified determining compensation @ Rs. 1,200/- per sq. meter, therefore, the impugned judgments are accordingly modified and it is held that the claimants shall be entitled to compensation @ Rs. 1,200/- per sq. meter along with other statutory benefits as has been granted by the court below."
In view of the consent given by the learned counsel for the parties, we have not delved into the facts of the two connected appeals and both these appeals are decided in the light of the judgement of the learned Single Judge of this Court delivered on 23.04.2019 in the First Appeal No. 827 of 2018. We also clarify that the said judgment has attained finality and it is accepted by the learned counsel for the parties appearing in the present two appeals.
The impugned judgment in the two appeals will stand modified to the same effect and value as has been held by the learned Single Judge in respect to the First Appeal No. 827 of 2018. The decree drawn in regard to the land acquisition matter of the present two appeals shall also stand modified to the same effect and value.
Accordingly, both the appeals filed by the Railways are partly allowed to the extent as agreed by the learned counsel for the parties. The impugned judgment and orders in the both these appeals are modified determining the compensation @ Rs. 1,200/- per sq. meter and it is held that the claimants shall be entitled to the compensation @ Rs. 1,200/- per sq. meter along with other statutory benefits as has been granted by the learned Court below.
It is made clear that the remaining amount under the impugned judgment and orders shall be deposited by the Railway Board within 12 weeks from today in both the appeals.
Order Date :- 15.3.2021
LBY
