Allahabad High Court
Kundan Lal And Others vs Ist Ad And S.J. on 8 April, 2022
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- FIRST APPEAL No. - 824 of 1995
Appellant :- Kundan Lal And Others
Respondent :- Ist Ad And S.J.
Counsel for Appellant :- S. Chopra,Jagdish Singh
Counsel for Respondent :- Vivek Saran,Nipun Singh
Hon'ble Salil Kumar Rai,J.
(Substitution Application No. 5 of 2019)
(Delay Condonation Application No. 4 of 2019)
The delay in filing substitution application has been satisfactorily explained in the affidavit filed in support of substitution application.
Delay in filing substitution application is condoned.
Accordingly delay condonation application is allowed
The substitution application is allowed.
Office is directed to carry out appropriate substitution in relation to the appellant no.3 as stated in the prayer clause of the substitution application.
Order Date :- 8.4.2022
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Case :- FIRST APPEAL No. - 824 of 1995
Appellant :- Kundan Lal And Others
Respondent :- Ist Ad And S.J.
Counsel for Appellant :- S. Chopra,Jagdish Singh
Counsel for Respondent :- Vivek Saran,Nipun Singh
Hon'ble Salil Kumar Rai,J.
Heard Sri V.K. Jaiswal, counsel for the appellant and Sri Nipun Singh, counsel for the Avas & Vikas Parishad.
This is a land owner's appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as, the Act) against the judgment and award dated 28.5.1993 passed by the 1st Additional District & Sessions Judge, Ghaziabad in Land Acquisition Reference No.36 of 1991 (Kundan Lal Vs. State of U.P. and Others) registered under Section 18 of the Act.
The Special Land Acquisition Officer determine the compensation @ of Rs. 37.50 per sq. yard. The award of the Special Land Acquisition Officer was modified by the reference court which awarded compensation @ of Rs. 77 per sq. yard. The land was acquired through notification dated 26.6.1982 issued under Section 4(1) of the Act read with Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965.
The compensation regarding other lands acquired through the same notification was determined @ of Rs. 120 per square yard by the division Bench of this Court vide its order dated 21.7.2015 passed in First Appeal No.56 of 2005 (U.P. Avas Evam Vikas Parishad Vs. Jawahar Lal & Others). The judgment dated 21.7.2015 passed by this court was affirmed by the Supreme Court vide its order dated 28.3.2016 passed in Special Leave Petition (Civil) No.4636 of 2016.
In view of the aforesaid, the appeal is allowed. The award dated 28.5.1993 passed by the Reference Court is modified and it is provided that the compensation shall be paid @ of Rs. 120 per sq. yard with all statutory benefits i.e. solatium, interest and additional interest as provided in the Act. However, as the appeal was dismissed in default on 18.3.2011 and was restored to its original number on 9.9.2021, therefore, the appellant will not be entitled to any interest for the aforesaid period.
With the aforesaid observations and directions, the appeal is allowed. The awarded amount shall be deposited within three months from today.
The records of the case, if any, shall be transmitted back to the trial court by the office forthwith.
Order Date :- 8.4.2022
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