Allahabad High Court
Jai Lal (Since Dead) And 7 Others vs State Of U.P. And Another on 26 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:148778
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 618 of 2025
Court No. - 35
HON'BLE SANDEEP JAIN, J.
1. Heard learned counsel for the appellants and learned Standing Counsel.
2. The instant first appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the land owner against the award and decree dated 15.11.1988 passed by Shri O.P. Garg, District Judge, Ghaziabad in LAR No.105 of 1985, Jai Lal & others vs. State of U.P., whereby the compensation has been enhanced from Rs.22,687/50 per bigha to Rs.24,800/- per bigha. The reference court has also awarded additional compensation @ 12% per annum, solatium @ 30% per annum and other statutory benefits including interest on the compensation.
3. Learned counsel for the appellants submitted that in the instant appeal the acquired land is of village Chhalera Khadar, Pargana and Tehsil Dadri, District Ghaziabad. The notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 20.07.1982, possession was taken on 09.11.1983 and the Collector by award dated 31.08.1984 granted compensation at the rate of Rs.22,687/50 per bigha for the acquired land which has been enhanced to Rs.24,800/- per bigha by the reference court, vide impugned award and decree dated 15.11.1988.
4. Learned counsel for the appellants further submitted that previously, land of village Chhalera Khadar was also acquired vide notification under Section 4(1) of the Act dated 19.12.1980 regarding which the Collector has awarded the compensation at the rate of Rs.17,000/- per bigha which was enhanced to Rs.21,000/- per bigha by the reference court i.e. the Court of District Judge, Ghaziabad by award dated 23.05.1988 which was challenged before this Court in First Appeal No.1219 of 1990, Hari Kishan & others Vs. State of U.P. in which, this Court vide order dated 09.08.2017 awarded enhanced compensation at the rate of Rs.297/- per square yard alongwith other statutory benefits, against which no appeal has been filed in the Apex Court.
5. Learned counsel also submitted that prior to it in First Appeal No.310 of 2008, Mohkam And Another vs. State of U.P. decided on 16.02.2015, by this Court, compensation for land acquired in Village Chhalera Khadar, Tehsil Dadri, District Ghaziabad was awarded at the rate of Rs. 297/- per square yard against which the State had filed Special Leave to Petition (C) No.9649 of 2016 before the Apex Court, which was dismissed as withdrawn on 30.06.2016.
6. Learned counsel further submitted that in the appeal permitted to be withdrawn on 30.06.2016, the Apex Court had only permitted the State to raise the question of solatium payable to the land owners, before the High Court.
7. Learned counsel further submitted that in view of the above decision of the Apex Court dated 30.06.2016, the compensation for the land acquired of Village Chhalera Khadar at the rate of Rs.297/- per square yard, has become final.
8. With these submissions, it was prayed that this appeal be allowed and the appellants be granted compensation at the rate of Rs.297/- per square yard along with other statutory benefits.
9. Learned Standing Counsel accepted that the acquired land is situated in Village Chhalera Khadar, Tehsil Dadri, District Ghaziabad, regarding which compensation at the rate of Rs. 297/- per square yard has been awarded by this Court, but learned counsel submitted that the Apex Court in subsequent decision, U.P. Awas Evam Vikas Parishad vs. Asha Ram (Dead) through LRs. and others (2021) 17 SCC 289 has set aside the compensation awarded by this Court and has only awarded compensation at the rate of Rs. 120 per square yard, which is same, as was awarded by the reference court.
10. I have considered the submissions made by learned counsel for the parties and perused the record.
11. It is admitted to both the parties that the acquired land is situated in village Chhalera Khadar, Pargana & Tehsil Dadri, District Ghaziabad. It is apparent that in previously acquired land through notification dated 19.12.1980 under Section 4(1) of the Act, the reference court had granted enhanced compensation at the rate of Rs.21,000/- per bigha, which was enhanced to Rs.297/- per square yard by this Court in First Appeal No.1219 of 1990, Hari Kishan & others Vs. State of U.P. vide order dated 09.08.2017, against which no appeal was filed by the State before the Apex Court, as such, that order has attained finality.
12. It is also evident that in the instant case the notification under Section 4(1) of the Act has been issued on 20.07.1982 whereas regarding earlier notification dated 19.12.1980, which is also of village Chhalera Khadar, this Court has already awarded compensation at the rate of Rs.297/- per square yard alongwith other statutory benefits in First Appeal No.1219 of 1990, which has attained finality. It is apparent that the appellants are only demanding compensation at the rate of Rs.297/- per square yard, regarding the land, which was acquired almost one and a half years later, to the land acquired on 19.12.1980. It is clear that the appellants are entitled to more compensation, since their land was acquired subsequently, but the appellants are only claiming compensation at the rate of Rs.297/- per square yard.
13. The judgment of Apex Court in the case of U.P. Awas Evam Vikas Parishad(supra) relates to land acquired in Village Arthala, Jhandapur, Prahladgarhi, Mahiuddin-Re-Kanawani and Sahibabad, as such, is not applicable with respect to the land acquired in Village Chhalera Khadar, Tehsil Dadri, District Ghaziabad.
14. In my opinion, since in respect of the land which was acquired almost one and a half years earlier regarding similar land situated in Village Chhalera Khadar, this Court has awarded compensation at the rate of Rs.297/- per square yard in First Appeal No.1219 of 1990, which has not been challenged by the State before the Apex Court, as such, the appellants in the present appeal are also entitled to get similar compensation along with other statutory benefits.
15. Accordingly, this appeal is allowed. The appellants are entitled to get compensation at the rate of Rs. 297/- per square yard along with 30% solatium, additional compensation @ 12% per annum and interest under Section 28, as provided under the Land Acquisition Act, 1894.
16. This appeal was filed on 12.09.2019 but the deficiency of the court fees was made good on 23.10.2019, whereas the award of the reference court was passed on 15.11.1988, as such, the appellants are not entitled to get any statutory interest for the above mentioned period between 15.11.1988 to 23.10.2019.
17. However, in the facts and circumstances of the case, there shall be no order as to costs.
18. Office is directed to prepare the decree accordingly.
August 26, 2025
Himanshu
