Ghaziabad Development Authority vs State Of U.P. & 2 Others
2024 Latest Caselaw 16861 ALL

Allahabad High Court

Ghaziabad Development Authority vs State Of U.P. & 2 Others on 13 May, 2024

Author: Manoj Kumar Gupta

Bench: Manoj Kumar Gupta

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85993-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 15749 of 2024
 

 
Petitioner :- Ghaziabad Development Authority
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Arun Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.
 

Hon'ble Kshitij Shailendra,J.

1. Heard Shri Arun Kumar, learned counsel for the petitioner and Shri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State-respondents.

2. The petitioner has challenged the award of the Additional Collector (Land Acquisition), Irrigation, Ghaziabad made on 02.05.2022 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 19.04.1999 rendered by the Court in Reference No. 65 of 1991. The main 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.

3. The said issue stands concluded by the judgment rendered on 02.05.2024 in Writ-C No. 8626 of 2024 (Ghaziabad Development Authority vs. State of U.P. and 2 Others), wherein the similar 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."

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

5. The writ petition is dismissed.

6. No order as to costs.

Order Date :- 13.5.2024

AKShukla/-

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