Allahabad High Court
Daryao Singh vs State Of U.P. And Another on 26 April, 2022
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- FIRST APPEAL No. - 240 of 1995
Appellant :- Daryao Singh
Respondent :- State of U.P. and Another
Counsel for Appellant :- Dep Prakash Singh,L.K.Singh,L.P.Singh,Manoj Kumar Pandey,Rakesh Singh
Counsel for Respondent :- Madan Mohan
Hon'ble Rohit Ranjan Agarwal,J.
In Re: Civil Misc. Delay Condonation Application No.103138 of 2017
Heard.
Cause shown sufficient.
Delay in filing the substitution application is condoned.
Delay condontation application stands allowed.
In Re: Civil Misc. Substitution Application No.103140 of 2017
Heard.
It is stated that appellant no.1/2 Rajpal son of late Daryao Singh died on 16.12.2016 leaving behind his legal heirs Jitendra Singh mentioned in para 4 and 5 of the substitution application.
As there is no opposition to the said application from the side of opposite party, applications stands allowed.
Let the name of deceased Rajpal, appellant no.1/2 be struck off from the array of parties and the name of his legal heir Jitendra Singh be substituted in his place as appellant no.1/2/1.
Office is directed to carry out necessary substitution in the array of parties within a week.
In Re: First Appeal
Heard Sri Manoj Kumar Pandey, learned counsel for the appellant and Sri Madan Mohan, learned counsel for the respondents.
This is claimant's appeal filed under Section 54 of the Land Acquisition Act against the judgment and decree dated 16.04.1993 passed by the District Judge, Ghaziabad in Land Acquisition Reference No.39 of 1991 (Daryao Vs. State of U.P. and another).
Facts, in brief, are that on 26.06.1982 a notification under Section 4 of the Land Acquisition Act was published for the land belonging to six villages by the State. Notification under Section 6 was published on 28.02.1987. Thereafter, award was made on 27.02.1989 for Rs. 50/- per square yard and possession was taken over on 27.02.1989. The appellant moved a reference and the same was dismissed on 16.04.1993. Against the said judgment of the reference court in other matters, number of first appeals were preferred before this Court being First Appeal No. 239 of 1995 (Vijai Singh Vs. State of U.P. and another), First Appeal No. 40 of 1997 (Jamil and others Vs. State of U.P. and another) and First Appeal No. 827 of 2000 (Asha Ram and another Vs. State of U.P. and another) wherein this Court on 28.10.2015 while awarding Rs. 120/- per square yard for the land acquired by the State, dismissed the appeal filed by Asha Ram, while the appeal preferred by Jamil and others was partly allowed on 03.11.2016 and the compensation was determined at the rate of Rs. 120/- per square yard. Similarly, connected appeal leading case being Vijai Singh was decided on 29.10.2015 wherein the award of the District Judge, Ghaziabad dated 16.04.1993 was set-aside and matter was remitted to the court below to decide the appeal afresh in the light of the judgment dated 21.07.2015 passed in First Appeal No. 56 of 2005.
Against the orders of appellate Court, both the claimant and U.P. Avas Evam Vikas Parishad preferred Special Leave to Appeal (Civil) before the Apex Court. Special Leave to Appeal (Civil) No. 4636 of 2016 was preferred by U.P. Avas Evam Vikas Parishad which was dismissed on 28.03.2016 and the appeal preferred by the claimants was disposed of remitting the matter to this Court to decide the matter afresh on 09.11.2017. Post remand, the matter was again taken up for consideration and the appellate Court awarded compensation at the rate of Rs. 297/- per square yard and allowed the appeal on 19.07.2019. Against the judgment dated 19.07.2019 passed in First Appeal No. 827 of 2000, U.P. Avas Evam Vikas Parishad again approached the Apex Court through Special Leave Petition (Civil) No. 4445 of 2020 which was converted to Civil Appeal No. 337 of 2021. The Apex Court while allowing the appeal awarded the compensation at the rate of Rs. 120/- per square yard apart from other statutory benefits vide judgment and order dated 23.03.2021.
Sri Manoj Kumar Pandey, learned counsel appearing for the appellant, submitted that as the matter has attained finality by the judgment of Apex Court, present appeal may be decided on the same terms as provided in the judgment of Apex Court.
Sri Madan Mohan, learned counsel for the respondents, does not object to the said fact.
Considering the facts and circumstances of the case and the judgment of Apex Court dated 23.03.2021 passed on the appeal of U.P. Avas Evam Vikas Parishad being Civil Appeal No. 337 of 2021 wherein the acquisition proceedings of the year 1982 has been brought to its logical end by awarding compensation at the rate of Rs. 120/- per square yard alongwith other statutory benefits, the claimant appellant is also entitled to the similar benefit, as has been accorded to other claimants.
In view of the above, the judgment and decree dated 16.04.1993 passed by the District Judge, Ghaziabad is modified to that extent and appellant is also entitled for compensation at the rate of Rs. 120/- per square yard alongwith other statutory benefits.
The appeal stands disposed of in terms of the judgment of Apex Court dated 23.03.2021 passed in Civil Appeal No. 337 of 2021.
Order Date :- 26.4.2022
SK Goswami
