Allahabad High Court
Jai Singh vs N.O.I.D.A. Thru. C.E.O. And Another on 23 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:145981
Court No. - 35
Case :- FIRST APPEAL No. - 297 of 2025
Appellant :- Jai Singh
Respondent :- N.O.I.D.A. Thru. C.E.O. And Another
Counsel for Appellant :- A.C. Srivastava,Madan Mohan,Rudra Pratap Mishra,Sanjeev Kumar Tyagi,Shailesh Upadhyay
Counsel for Respondent :- Shivam Yadav
Hon'ble Sandeep Jain,J.
1. Learned counsel for the appellant, Sri Shivam Yadav counsel appearing for NOIDA authority alongwith Standing Counsel for the State are present.
2. This first appeal under Section 54 of the Land Acquisition Act has been preferred by the claimants against the impugned award and decree dated 29.11.2003 passed by the District Judge, Gautam Budh Nagar in L.A.R. No.353 of 1997 (Jai Singh Vs. State of U.P. & another) whereby compensation under the Land Acquisition Act has been awarded at the rate of Rs.2,14,775/- per Bigha (Rs.71/- per square yard) alongwith other statutory benefit available under the Act.
3. Learned counsel for the appellant submitted that in First Appeal No.402 of 2012 (Tej Singh & others Vs. State of U.P. & others), First Appeal No.277 of 2015 (Mahesh & others Vs. State of U.P. & others), First Appeal No.289 of 2004 (Prakash Vs. State of U.P. & others), First Appeal No.531 of 2013 (Jai Ram Vs. State of U.P. & another) and First Appeal No.288 of 2004 (Mahesh & others Vs. State of U.P. & another), a Division Bench of this Court vide order dated 06.09.2016 has enhanced the compensation from Rs.71/- per square yard to Rs.340/- per square yard and since all the appeals pertain to the land acquired in village Illabas, Pargana and Tehsil Dadri, District Gautam Budh Nagar, as such, the appellant is also entitled to get compensation at the rate of Rs.340/- per square yard alongwith, other statutory benefits under the Act.
4. He further submitted that against the order dated 06.09.2016 passed by the Division Bench of this Court in the above appeals, the Noida authority has not preferred any appeal before the Apex Court, as such, the order of the Division Bench of this Court has become final.
5. Sri Shivam Yadav learned counsel for the Noida authority admitted that against the order dated 06.09.2016 passed by the Division Bench of this Court in the above appeals, no appeal has been filed before the Apex Court, but he submitted that a Division Bench of this Court in First Appeal (D) No.469 of 2004 (Dharmveer Singh & another Vs. Noida through Chief Exe. Officer & others) vide order dated 15.09.2016 has only awarded compensation at the rate of Rs.297/- per square yard, as such, the appellant is only entitled to get that much compensation. He further submitted that a review application has been filed by the Noida authority in First Appeal No.402 of 2012 and in another connected four appeals which is pending for disposal, as such, the appellant be only awarded compensation at the rate of Rs.297/- per square yard.
6. I have heard learned counsel for the parties and perused the record.
7. It is apparent that the Division Bench of this Court in First Appeal No.402 of 2012 alongwith other connected appeals while considering the judgment and award dated 29.11.2003, passed by the District Judge, Gautam Budh Nagar regarding the land acquired in village Illabas, Pargana and Tehsil Dadri, District Gautam Budh Nagar, has awarded compensation at the rate of Rs.340/- per square yard. It was held as under:-
"Keeping in view the principles evolved by the Hon'ble Apex Court in the case of Om Prakash (dead) by LRs. & others Vs. Union of India & another, (2004) 10 SCC 627 and Ashrafi & Ors. Vs State of Haryana & others, (2013) 5 SCC 527, the market value of the land of the claimant-appellants, which has been acquired vide notification dated 06.01.1992, is liable to be determined by applying 12% increase annually with cumulative/compounding effect. In case, the base year market price of village Illabas is treated to be Rs.297/- per square yard with regard to the land, which was acquired on 06.08.1988, then market value of the land of the claimant-appellants, which has been acquired at least four years after the earlier acquisition, would come to more than Rs.340/- per square yard, but the appellants have confined their claim only to Rs.340/- per square yard.
In view of the principles evolved by the Hon'ble Apex Court in the cases of Om Prakash (supra) and Ashrafi & Ors. (supra) as also various Division Benches judgment of this Court, the claimant-appellants, in the cases in hand, whose land was acquired on 06.01.1992, are entitled to compensation at the market value of Rs.340/- per square yard along with all other statutory benefits admissible under the Act.
In view of the aforesaid facts and circumstances, all the first appeals of the claimant-appellants are liable to be allowed by modifying the judgment and award dated 29.11.2003 passed by reference court and the consequential decree thereof by enhancing the market value as awarded by the reference court from Rs.71/- per square yard to Rs.340/- per square yard with all other statutory benefits payable under the provisions of the Act.
The appeal, accordingly, stands allowed to the extent directed above."
8. All the above mentioned appeals relate to village Illabas and the instant appeal is also regarding the land acquired in village Ilabas. In First Appeal (D) No.469 of 2004, the compensation has been awarded on the basis that the acquired land is situated in village Mamoora. Since the judgment in First Appeal No.402 of 2012 specifically deals with the land of village Illabas, as such, in my opinion, the appellant is entitled to get the compensation at the same rate as has been awarded by the Division Bench in First Appeal No.402 of 2012. Since the order passed in First Appeal No.402 of 2012 has not been assailed before the Apex Court, as such, it cannot be said that the ratio of that case, cannot be applied, while awarding the compensation in this case.
9. This appeal was filed on 11.03.2004 which was dismissed as not maintainable on 18.09.2004 and for its restoration, the appellant filed an application on 13.09.2012 and finally the appeal was restored on 03.10.2021. The deficiency of Court fees was made good on 21.10.2021.
10. In view of the above, the respondent NOIDA authority cannot be saddled with payment of interest on the compensation for the period between 18.09.2004, till the date the deficiency of Court fees was made good on 21.10.2021. The appellant is not entitled to get interest on the compensation from 18.09.2004 to 21.10.2021.
11. Accordingly, the appeal stands allowed. The appellant is entitled to get compensation for their acquired land at the rate of Rs.340/- per square yard alongwith other statutory benefits payable under the provisions of the Act. The parties shall bear their respective costs.
Order Date :- 23.8.2025
Himanshu
