Ghaziabad Development Authority vs State Of Up And 2 Others
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Allahabad High Court

Ghaziabad Development Authority vs State Of Up And 2 Others on 2 May, 2024

Author: Manoj Kumar Gupta

Bench: Manoj Kumar Gupta

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2024:AHC:78359-DB
 
Reserved
 
Court No. - 21
 

 
Case :- WRIT - C No. - 11425 of 2024
 

 
Petitioner :- Ghaziabad Development Authority
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Mahesh Narain Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.
 

Hon'ble Kshitij Shailendra,J.

(Per Manoj Kumar Gupta, J.)

1. The petitioner has challenged the award of the Collector made under Section 28-A of the Land Acquisition Act, 1894, enhancing the compensation amount from Rs. 3.47 per sq. yard to Rs. 90/- per sq. yard, apart from other statutory benefits and interest. The enhancement of compensation amount is based on an award dated 28.8.1998 rendered by the Court in Reference Nos. 71 of 1987 and 64 of 1988. The sole ground on which the award has been challenged is that the Collector has wrongly awarded interest on the enhanced compensation amount, although he did not have any such power while making award under Section 28-A of the Act.

2. The said issue stands concluded by the judgment rendered today in Writ - C No. 8626 of 2024 (Ghaziabad Development Authority vs. State of U.P. and 2 Others), wherein the same award given in respect of another claimant, was under challenge. The question has been answered thus: -

"26. In our opinion, viewed from any angle, the irresistible conclusion is that the Collector shall have full power to award interest on the enhanced compensation amount awarded by him under Section 28A of the Act."

3. In view of the same, the contention on behalf of the petitioner does not merit acceptance.

3. The writ petition is dismissed.

4. No order as to costs.

Order Date :- 02.05.2024

Jaideep/-

(Kshitij Shailendra, J.)    (Manoj Kumar Gupta, J.)