Allahabad High Court
Saroopa And Others vs State Of U.P.And Others on 13 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:182107
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 481 of 1982
Saroopa And Others
.....Appellant(s)
Versus
State Of U.P.And Others
.....Respondent(s)
Counsel for Appellant(s)
:
A.N.Bhargava, Jai Vardhan Tripathi, M.D.Singh Shekhar, Madan Mohan, R.D. Tewari, Shailesh Upadhyay
Counsel for Respondent(s)
:
Shivam Yadav, S.C.
Court No. - 38
HON'BLE SANDEEP JAIN, J.
1. Heard Shri Shailesh Upadhyay, learned counsel for the appellants and Shri Shivam Yadav, learned counsel for the respondent no.4, Noida.
2. The instant appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the land owners against the award and decree dated 31.08.1981 passed by the Court of IInd Additional District Judge, Ghaziabad in LAR No. 58 of 1981, Smt. Chhuaro and others vs. State of U.P., whereby, for the acquired land situated in Village Chhalera Bangar, Pargana Dadri, District Ghaziabad, a compensation at the rate of Rs.14,000/- per bigha has been awarded to the land owners, along with other statutory benefits admissible under the Land Acquisition Act, 1894.
3. Learned counsel for the appellants-land owners submitted that in similar matters, regarding similarly acquired land through similar notification, the other land owners had challenged the award of the Reference Court by filing First Appeal No.566 of 1983, Dalchand vs. State of U.P. and the Noida had also challenged the award of the Reference Court by filing First Appeal No.32 of 1983, Noida vs. Suresh Chandra and another, which along with other 16 first appeal were decided by this Court vide order dated 03.11.2016, wherein an enhanced compensation of Rs.28.12 per sq yard, along with other statutory benefits admissible under the Land Acquisition Act, 1894 was awarded keeping in view, the Division Bench order of this Court dated 08.09.2009 in First Appeal No.304 of 1995, Madan Lal Sharma vs. State.
4. Learned counsel submitted that the above Division Bench judgment was also followed subsequently in First Appeal No.317 of 2005, New Okhla Industrial Development Authority vs. Teeka And Others.
5. Learned counsel submitted that the matter was carried in appeal by the land owners before the Apex Court and the Apex Court in the case of Ajay Pal Singh and others vs. State of U.P. along with other connected appeals has vide order dated 23.09.2021, upheld the order of this Court awarding compensation at the rate of Rs.28.12 per sq. yard with respect to the lands acquired in the year 1976.
6. Learned counsel submitted that in view of the authoritative pronouncement of the Apex Court and the Division Bench of this Court, the appellants are entitled to get compensation at the rate of Rs.28.12 per sq. yard along with other statutory benefits admissible under the Land Acquisition Act, 1894.
7. Per contra, Shri Shivam Yadav, learned counsel for the respondent-Noida very fairly accepted that the matter regarding acquisition of land situated in Village Chhalera Bangar regarding notification issued in the year 1976 has attained finality and the Apex Court has awarded compensation at the rate of Rs.28.12 per sq. yard along with other statutory benefits admissible under the Act of 1894.
8. I have considered the submissions made by learned counsel for the parties and perused the record.
9. It is apparent that the instant case relates to acquisition of land situated in Village Chhalera Bangar, Pargana Dadri, District Ghaziabad now Noida.
10. It is apparent that the notification under Section 4(1) of the Act was issued on 30.04.1975, declaration under Section 6 was made on 01.05.1976, possession of the land was taken on 21.07.1976.
11. Another notification was issued on 12.01.1977 and possession was taken on 28.03.1977. The Collector made two awards on 28.03.1977 and 23.03.1978. The Collector fixed compensation for the acquired land at the rate of Rs.10,200/- per bigha and 7,210.94 per bigha, which was enhanced by the Reference Court vide impugned judgment and award to Rs.14,000/- per bigha.
12. It is apparent that regarding similar acquired land, which was acquired through similar notification and which was similarly situated, the other land owners had preferred appeals and also the Noida had challenged awards of the Reference Court and all such appeals were decided by this Court vide order dated 03.11.2016, the leading case being First Appeal No.566 of 1983, Dalchand vs. State of U.P. along with other 17 connected appeals, which in the light of the previous Division Bench judgment dated 08.09.2009 in First Appeal No.304 of 1995, Madan Lal Sharma vs. State, has awarded compensation at the rate of Rs.28.12 per sq. yard along with other statutory benefits admissible under the Act of 1894.
13. It is also apparent that the above Division Bench judgment was followed in First Appeal No.317 of 2005, New Okhla Industrial Development Authority vs. Teeka And Others.
14. It is also apparent that the matter was carried in appeal by the land owners and was decided by the Apex Court in the case of Ajay Pal Singh and others vs. State of U.P. and others, wherein by order dated 23.09.2021, the judgment of the Division Bench of this Court was affirmed and was held that regarding acquisition of land undertaken in the year 1976-77, the land owners are entitled to get compensation at the rate of Rs.28.12 per sq. yard along with other statutory benefits admissible under the Act of 1894.
15. In view of the above judgment of the Apex Court, Division Bench and Co-ordinate Bench of this Court, the appellants are also entitled to get compensation at the rate of Rs.28.12 per sq. yard for their similarly situated and acquired land in Village Chhalera Bangar, which was also acquired through notification under Section 4(1) of the Act in the year 1976-77. 16. Accordingly, this appeal is allowed. The appellants are entitled to get enhanced compensation at the rate of Rs. 28.12 per square yard along with other statutory benefits, admissible under the Land Acquisition Act, 1894.
17. The instant appeal was filed on 08.04.1982, but the deficiency of Court fee was made good on 23.06.1982. Further, the appeal was dismissed for non prosecution on 07.02.2017 and restoration application was moved on 25.05.2022, as such, the appellants are not entitled to get interest on the enhanced amount of compensation awarded by this Court for the period 08.04.1982 till 23.06.1982 and from 07.02.2017 till 25.05.2022.
18. However, in the facts and circumstances of the case, there shall be no order as to costs.
19. Office is directed to prepare the decree accordingly.
(Sandeep Jain,J.)
October 13, 2025
Mayank
