Allahabad High Court
Smt. Chhotaki Devi vs State Of U.P. And Anr. on 10 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:181149
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 811 of 2025
Smt. Chhotaki Devi
.....Appellant(s)
Versus
State Of U.P. And Anr.
.....Respondent(s)
Counsel for Appellant(s)
:
Triloki Nath
Counsel for Respondent(s)
:
Ghanshyam Dwivedi
Court No. - 38
HON'BLE SANDEEP JAIN, J.
1. Heard learned counsel for the appellant and learned Standing Counsel for the State respondents.
2. The instant appeal under Section 54 of the Land Acquisition Act, 1894 has been preferred by the land owner against impugned award and decree dated 28.05.2015 passed by Shri Ashwani Kumar Dubey, Additional District Judge, Court No. 10, Varanasi in LAR No. 39 of 2002 [Smt. Chhotaki Devi vs. State of U.P. and another], whereby for the land situated in Village Karkhiyaon, Pargana Kolsala, Tehsil Pindra, District Varanasi, acquired by UPSIDCL for establishing industrial park in District Varanasi, compensation at the rate of Rs. 3,838/- per decimal, besides other statutory benefits admissible under the Land Acquisition Act, 1894 has been awarded.
3. Learned counsel for the appellant submitted that the appellants' land situated in Village Karkhiyaon, Pargana Kolsala, Tehsil Pindra, District Varanasi was acquired by the UPSIDCL for establishing industrial park in District Varanasi vide notification under Section 4(1) of the Act dated 21.5.1998. The appellants' land measuring 1.71 acre situated in the above village was acquired, regarding which an award of the Collector was made on 4.8.2001, aggrieved against which, the land owner had preferred reference, which has been disposed by impugned award.
4. Learned counsel for the appellant further submitted that in similar matters, regarding the same land which was acquired by same notification , this Court in First Appeal No. 161 of 2010 (U.P. State Industrial Development Corporation Ltd. Vs. Nazir & Ors.) along with 100 connected First Appeals by order dated 16.4.2018, determined the compensation regarding the land acquired by the UPSIDCL.
5. Learned counsel for the appellant further submitted that this Court has awarded compensation in the above cases at the rate of Rs. 5,115/- per decimal where the acquired land of the land owners was upto 250 decimal and in cases, where the acquired land was more than 250 decimal, the compensation was awarded at the rate of Rs. 4,570/- per decimal.
6. Learned counsel for the appellant further submitted that other statutory benefits admissible under the Land Acquisition Act, 1894 were also awarded by this Court and the above judgment of this Court, was challenged before the Apex Court in Special Leave to Appeal (C) No. 31193 of 2018 (U.P. State Industrial Development Corporation Ltd. Vs. Harish Chandra & Anr.) which was dismissed on 4.8.2021.
7. Learned counsel for the appellant further submitted that since the matter has attained finality, as such, the land owner in this appeal is also entitled to get compensation at the same rate, at which it has been awarded to the similarly situated land owners, whose land was acquired in Village Karkhiyanav, Pargana Kolsala, Tehsil Pindra, District Varanasi.
8. Learned Standing Counsel for the State respondents has very fairly admitted that the order of this Court passed in the above First Appeals dated 16.4.2018 has attained finality.
9. I have considered the submissions made by learned counsel for the parties and perused the record.
10. It is apparent that in this case the land owners' land situated in Village Karkhiyanav, Pargana Kolsala, Tehsil Pindra, District Varanasi has been acquired by the UPSIDCL for establishing industrial park in District Varanasi vide notification under Section 4(1) of the Act dated 21.5.1998. Regarding the acquired land, the Collector's award was made on 4.8.2001. Dissatisfied with that award, the land owner challenged it, by filing reference, which has been decided by the impugned award and decree dated 28.05.2015, whereby compensation at the rate of Rs.3,838/- per decimal, besides other statutory benefits admissible under the Land Acquisition Act, 1894 has been awarded to the land owner.
11. It is also apparent that regarding similarly situated land, acquired by same notification dated 21.5.1998, this Court in First Appeal No. 161 of 2010 (U.P. State Industrial Development Corporation Ltd. Vs. Nazir & Ors.) along with 100 connected First Appeals vide order dated 16.4.2018 has awarded compensation for land acquired upto 250 decimal at the rate of Rs. 5,115/- per decimal and where the acquired land is in excess of 250 decimal, then compensation at the rate of Rs.4,570/- per decimal, has been awarded to the land owner, besides other statutory benefits admissible under the Land Acquisition Act, 1894.
12. It is also apparent that this order has attained finality, because the Special Leave to Appeal (C) No. 31193 of 2018 (U.P. State Industrial Development Corporation Ltd. Vs. Harish Chandra & Anr.) filed against the above order of the High Court, has been dismissed by the Apex Court on 4.8.2021. In view of the above facts, since the appellants' acquired land is similar to the land, which was the subject matter of First Appeal No. 161 of 2010 (U.P. State Industrial Development Corporation Ltd. Vs. Nazir & Ors.) along with 100 connected First Appeals, the appellant is also entitled to get compensation at the same rate, as has been determined by this Court, in the above mentioned First Appeals. Since, 1.71 acre land of the appellant has been acquired, as such, he is entitled to get compensation at the rate of Rs. 5,115/- per decimal.
13. Accordingly, this appeal is allowed. Appellant is entitled to get enhanced compensation at the rate of Rs. 5,115/- per decimal for his acquired land, situated in Village Karkhiyaon, Pargana Kolsala, Tehsil Pindra, District Varanasi, along with 30% solatium, additional compensation @ 12% per annum and interest under Section 28, as provided under the Land Acquisition Act, 1894.
14. The instant appeal was filed on 04.09.2015, but the deficiency of court fees was made good on 29.08.2025, as such, the appellant is not entitled to get interest on the enhanced amount of compensation awarded by this Court for the period 04.09.2015 to 29.08.2025.
15. However, in the facts and circumstances of the case, the parties shall bear their respective costs.
16. Office is directed to prepare the decree accordingly.
(Sandeep Jain,J.)
October 10, 2025
Mayank
