U.P. A.E.V.P. vs Inder Raj
2022 Latest Caselaw 3672 ALL

Citation : 2022 Latest Caselaw 3672 ALL
Judgement Date : 20 May, 2022

Allahabad High Court

U.P. A.E.V.P. vs Inder Raj on 20 May, 2022

Bench: Rohit Ranjan Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- FIRST APPEAL No. - 1182 of 1990
 

 
Appellant :- U.P. A.E.V.P.
 
Respondent :- Inder Raj
 
Counsel for Appellant :- Ravi Kant,Awadhesh Tiwari,G.K. Pandey,Navaneet Chandra Tripathi
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Sri Navaneet Chandra Tripathi, learned counsel for the appellant, at the very outset, has placed before the Court the judgment rendered by co-ordinate Bench of this Court in First Appeal No. 1183 of 1990 (Uttar Pradesh Avas Evam Vikash Parishad vs. Rameshwar Dayal and another).

He contends that against Land Acquisition Reference No. 140 of 1998, First Appeal No. 1183 of 1990 was filed which was dismissed on 06.12.2012 and the present appeal arises out of Land Acquisition Reference No. 139 of 1988 and issue in both references was one and the same, the present appeal be decided in terms of the said judgment.

The co-ordinate Bench in First Appeal No. 1183 of 1990 on 06.12.2012 held as under:-

"Learned counsel for the appellant submits that a Division Bench of this court, in First Appeal No. 520 of 1990 , connected with First Appeal No. 486 of 1992, has confirmed the award and judgment dated 23.5.1990, passed by First Additional District Judge, Meerut in LAR No. 31 of 1988 Dardeo Vs. State of U.P. and others. The aforesaid First Appeal No. 486/ 1992, filed by Avas Evam Vikas Parishad was dismissed but First Appeal No. 520 of 1990 was allowed and it was held that the land holder was entitled to the reasonable compensation at the rate of Rs. 48/- per sq. yard. In the case in hand the compensation has been awarded at the rate of Rs. 40/- per sq. yard and there is no prayer for enhancement of the compensation. Thus the compensation awarded by the court below is towards lower side.

In this view of the matter, there is no illegality in the judgment and decree passed by the court below.

The appeal is dismissed.

No order as to cost."

The present appeal also stands dismissed.

Order Date :- 20.5.2022

V.S.Singh