Roop Chand And Others vs State Of U.P. Thru Collector
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Allahabad High Court

Roop Chand And Others vs State Of U.P. Thru Collector on 17 May, 2025

Author: Shekhar Kumar Yadav

Bench: Shekhar Kumar Yadav

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:82326
 
Court No. - 36
 

 
Case :- FIRST APPEAL No. - 425 of 2006
 

 
Appellant :- Roop Chand And Others
 
Respondent :- State Of U.P. Thru Collector
 
Counsel for Appellant :- A.C. Srivastava,Shyam Surat Shukla
 
Counsel for Respondent :- S.C.,Pankaj Dubey
 

 
Hon'ble Shekhar Kumar Yadav,J.
 

1. Heard Mr. Shyam Sunder Shukla, learned counsel for the appellant, in the revised call. None appeared on behalf of respondent no. 2 ? National Thermal Power Corporation (NTPC), despite due service of notice.

2. As per the office report, notice was issued by this Court to NTPC; however, the same has not been returned after service, as per the available record.

3. Learned counsel for the appellant submits that the Special Land Acquisition Officer (SLAO), by an award dated 08.11.1988, determined compensation at the rate of Rs. 5 per square yard for the land acquired by the State of U.P. for the benefit of NTPC. Aggrieved by the said award, the claimants sought reference under Section 18 of the Land Acquisition Act, 1894. Pursuant thereto, 79 land references were considered by the Reference Court, which, by a common award dated 31.05.2001, enhanced the compensation to Rs. 43 per square yard, subject to a deduction of 35%.

4. NTPC, the beneficiary, challenged the said award by filing First Appeal No. 865 of 2002 along with connected matters (N.T.P.C. vs. State of U.P. and others) before this Court. This Court, by a common judgment and order dated 08.04.2015, partly allowed the appeals holding that the appeals preferred by the claimant?tenure holders were allowed to the extent that the deduction of 35% made by the Reference Court was reduced to 30%, and the appeals filed by NTPC were allowed to the extent that the compensation awarded by the Reference Court was reduced from Rs. 43/- to Rs. 40/- per square yard.

5. Thereafter, the claimants assailed the said judgment before the Hon'ble Supreme Court by filing Civil Appeal No. 8419 of 2019 (arising out of SLP (C) No. 14783 of 2016), Mahaveer Singh (Dead) through LRs vs. State of U.P. and another. The Hon'ble Supreme Court, by judgment and order dated 05.11.2019, enhanced the compensation to Rs. 50/- per square yard.

6. Learned counsel for the appellant further submits that the land involved in the present appeal pertains to the same acquisition notification and village, and therefore, the controversy involved in the present matter stands settled by the aforesaid judgment of the Hon'ble Supreme Court.

7. In view of the above, the present first appeal stands disposed of in terms of the judgment and order dated 05.11.2019 passed by the Hon'ble Supreme Court in Civil Appeal No. 8419 of 2019.

8. All pending applications, if any, stand disposed of.

Order Date :- 17.5.2025

RavindraKSingh