Allahabad High Court
Chandi Laland Ors. vs State Of U.P.And Others on 10 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:180639
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 344 of 2008
Chandi Lal and Ors.
.....Appellant(s)
Versus
State Of U.P.And Others
.....Respondent(s)
Counsel for Appellant(s)
:
R.D. Tiwari, S.C., Shailesh Upadhyay
Counsel for Respondent(s)
:
Court No. - 38
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 owners against the award and decree dated 23.05.1988 passed by District Judge, Ghaziabad in LAR No. 25A of 1983, Chandi Lal and others vs. State of U.P., whereby the compensation has been enhanced from Rs.17,000/- per bigha to Rs.21,000/- 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 similar land acquisition Reference Case No.511 of 1982 Hari Kishan & others Vs. State of U.P., pertaining to Village Chhalera Khadar, Tehsil Dadri, District Ghaziabad, which was also decided by award and decree dated 23.05.1988, which was impugned before this Court in First Appeal No.1219 of 1990, Hari Kishan And Others vs. State of U.P., this Court has vide order dated 09.08.2017 awarded compensation at the rate of Rs. 297/- per square yard along with other statutory benefits, against which no appeal has been filed in the Apex Court.
4. 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which the State had filed Special Leave to Petition (C) No.9649 of 2016 before the Apex Court, which was dismissed as withdrawn on 30.06.2016.
5. Learned counsel further submitted that in the appeal permitted to be withdrawn on 30.06.2016, the Apex Court had only permitted the State to raise the question of solatium payable to the land owners, before the High Court.
6. 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.
7. 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.
8. 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.
9. I have considered the submissions made by learned counsel for the parties and perused the record.
10. It is admitted to both the parties that the acquired land is situated in Village Chhalera Khadar, Tehsil Dadri, District Ghaziabad. In this case, the notification under Section 4(1) of the Act was made on 19.12.1980 and the possession of the land was acquired on 05.01.1981, award of the S.L.A.O. was made on 10.05.1982. The S.L.A.O. awarded compensation at the rate of Rs. 17,000/- per bigha which has been enhanced to Rs.21,000/- per bigha by the reference court. It is apparent that this land was acquired for construction of Okhla barrage on Yamuna River towards the side of Ghaziabad. It is also apparent that regarding the above notification dated 19.12.1980 pertaining to Village Chhalera Khadar, Tehsil Dadri, District Ghaziabad, in First Appeal No.310 of 2008, Mohkam and Another vs. State of U.P., which was decided on 16.02.2015 by this Court, compensation at the rate of Rs. 297/- per square yard was awarded, against which an Special Leave to Petition (C) No.9649 of 2016, State of UP vs. Mokham(Dead) Through LRS., was filed by the State before the Apex Court, which was dismissed as withdrawn on 30.06.2016, with the limited permission of raising the issue of solatium before the High Court. Insofar as the issue of compensation was concerned, the State was not granted any liberty to raise that issue before the High Court.
11. Similarly, regarding the land situated in Village Chhalera Bangar, First Appeal No.744 of 2001, Jagdish Chandra & others vs. New Okhla Industrial Development Authority, NOIDA And another was decided on 14.12.2007 by this Court, in which compensation was awarded at the rate of Rs.297.50 per square yard against which S.L.P. No.17209 of 2008, New Okhla Industrial Development Authority vs. Jagdish Chandra was dismissed on 05.02.2014. It is apparent that regarding land acquired of Village Chhalera Khadar, the compensation awarded at the rate of Rs.297/- per square yard has attained finality.
12. Learned Standing Counsel admitted that against the order dated 09.08.2017 passed in First Appeal No. 1219 of 1990, Hari Kishan and others vs. State of U.P., no appeal was filed before the Apex Court.
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 similar case, 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. The instant appeal was filed on 05.10.1988 but the deficiency of Court fee was made good on 13.10.1995, as such, the appellants are not entitled to get interest on the enhanced amount of compensation awarded by this Court for the period 05.10.1988 till 13.10.1995.
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.
(Sandeep Jain,J.)
October 10, 2025
Jitendra
