M/S Jain Processors And Engineers vs The State Of Uttar Pradesh And Others
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Allahabad High Court

M/S Jain Processors And Engineers vs The State Of Uttar Pradesh And Others on 28 May, 2024

Author: Vipin Chandra Dixit

Bench: Vipin Chandra Dixit

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:97088
 
Court No. - 9
 

 
Case :- FIRST APPEAL No. - 178 of 1997
 

 
Appellant :- M/S Jain Processors And Engineers
 
Respondent :- The State Of Uttar Pradesh And Others
 
Counsel for Appellant :- Navin Sinha,Gaurav Sharma,Gaurav Singh,Pooja Talwar,Sharad Malviya
 
Counsel for Respondent :- Pankaj Mithal,Awadhesh Tiwari,Chandra Shekhar Singh,S.C.
 

 
Hon'ble Vipin Chandra Dixit,J.
 

Heard Ms. Pooja Talwar, learned counsel for the appellant, learned Standing Counsel for the State, Sri Chandra Shekhar Singh, learned counsel appearing on behalf of respondent no.2 U.P. Awas Evam Vikas Parishad and perused the record.

This first appeal has been filed on behalf of the appellant under Section 54 of Land Acquisition Act against the judgment and award dated 5.2.1997 passed by District Judge, Ghaziabad in L.A.R. No.202 of 1995 (M/s. Jain Processors & Engineers Pvt. Ltd. vs. Special Land Acquisition Officer(Avas) Meerut and others).

It is submitted by learned counsel for the appellant that the case of the appellant is squarely covered with the judgment dated 9.11.2022 passed in First Appeal No.485 of 2010 (Parashu Ram Vs. State of U.P. and another), by which compensation has been awarded to the land owners at the rate of Rs.120/- per square yard along with various statutory benefits and as such the appellant is also entitled for the same benefits.

Learned counsel appearing for respondent no.2 does not dispute the aforesaid facts but has submitted that in the present appeal the appellant has claimed compensation at the rate of Rs.140/- per square yard and has paid the court fees accordingly.

Since the other land owners, whom lands were acquired by the same notification had been granted compensation at the rate of Rs.120/- per square yard, the appellant is also entitled to get compensation at the rate of Rs.120/- per square yard.

In view of above, the appeal is partly allowed and the appellant is also entitled to receive the compensation at the rate of Rs.120/- per square yard along with other statutory benefits.

Order Date :- 28.5.2024

P.P.