Allahabad High Court
Prahlad And Others vs New Okhla Industrial Development ... on 4 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:156888
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 304 of 2018
Prahlad And Others
.....Appellant(s)
Versus
New Okhla Industrial Development Authority And Another
.....Respondent(s)
Counsel for Appellant(s)
:
Ajay Mishra, Amit Kumar Pandey, Shri Krishna Mishra
Counsel for Respondent(s)
:
Aditya Bhushan Singhal, Amit Manohar, S.C., Shivam Yadav
Court No. - 35
HON'BLE SANDEEP JAIN, J.
Order on Civil Misc. Amendment Application No. 215276 of 2016 :-
Learned counsel for the appellants submits that he does want to press this amendment application.
As such, this amendment application is dismissed as not pressed.
Order on Appeal :-
1. The instructions filed by learned counsel for NOIDA today in Court is taken on record.
2. Shri Amit Kumar Pandey, learned counsel for the appellants and learned counsel for respondent (NOIDA) are present.
3. 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 05.12.2002 passed by the Court of Additional District Judge, Court No. 1, Ghaziabad in LAR No. 273 of 1977, Banwari (Deceased) through LRs Satyapal and others v. State of U.P. and others, whereby for the acquired land situated in Village Chhalera Bangar, Pargana and Tehsil - Dadri, District- Ghaziabad, now Gautam Buddha Nagar, compensation at the rate of Rs. 20/- per sq. yard, besides other statutory benefits under the Land Acquisition Act, 1894 has been awarded to the land owner.
4. Learned counsel for the landowner-appellants submitted that regarding similarly situated and acquired land, the Apex Court and this Court has awarded compensation at the rate of Rs. 28.12 per sq. yard, as such, the appellants are also entitled to get the same amount of compensation for their acquired land. Learned counsel referred to the order dated 10.11.2022 passed by this Court in First Appeal No. 472 of 2019 (Sri Chand and others v. NOIDA and Anr.) as well as judgment of the Apex Court passed in Civil Appeal Nos. 5738-5739 of 2021 (Ajai Pal Singh and others v. State of UP and Anr.), decided on 23rd September, 2021. Learned counsel submitted that in the light of the above decided cases, the appellants are entitled to get compensation at the rate of Rs. 28.12 per sq. yard for their acquired land situated in Village Chhalera Bangar, Pargana and Tehsil - Dadri, District- Ghaziabad, now Gautam Buddha Nagar.
5. Per contra, learned counsel for the NOIDA very fairly conceded that the matter regarding compensation for the land of Village Chhalera Bangar, Pargana and Tehsil - Dadri, District- Ghaziabad, now Gautam Buddha Nagar, acquired through notification issued in the year 1976 has attained finality and the Apex Court and this Court has already awarded compensation at the rate of Rs. 28.12 per sq. yard for similarly situated acquired land in the other villages, but the learned counsel submitted that the appellants may not be awarded interest on the enhanced amount of compensation awarded by this Court, for the period during which the appeal remained defective on account of non-payment of court fees.
6. I have considered the submissions made by learned counsel for the parties and perused the record.
7. It is apparent that in the instant case, the matter relates to acquisition of land situated in Village Chhalera Bangar, Pargana and Tehsil - Dadri, District- Ghaziabad, now Gautam Buddha Nagar which was acquired for the benefit of the NOIDA through notification issued under Section 4(1) of the Act dated 30.04.1976. The possession of the acquired land was taken on 21st July, 1976 and the Award of the Collector was made on 15.02.1977, whereby compensation at the rate of Rs. 10200/- per Beegha and Rs. 7210.94 per Beegha were awarded respectively for land having soil of Avval Aaavi and Avval Khaaki quality. It is also apparent that aggrieved against the above Award, the appellants had preferred Reference which has been partially allowed by the impugned Award, whereby compensation for the acquired land has been enhanced to Rs. 20/- per sq. yard besides other statutory benefits admissible to the landowners under the Land Acquisition Act, 1894. It is also apparent that for similarly situated and acquired land of Village Chhalera Bangar, Pargana and Tehsil - Dadri, District- Ghaziabad, now Gautam Buddha Nagar, the Apex Court in Civil Appeal Nos. 5738-5739 of 2021 (Ajai Pal Singh and others v. State of UP and Anr.), decided on 23rd September, 2021 has awarded compensation at the rate of Rs. 28.12 per sq. yard with respect to the lands acquired in the year 1976 which has been followed by this Court in First Appeal No. 472 of 2019 (Sri Chand and others v. NOIDA and Anr.) which was disposed of vide order dated 10.11.2022.
8. Since the appellants' acquired land is similar to the land acquired in the above-referred cases, regarding which, the issue of compensation has attained finality, as such, the appellants are also entitled to get compensation at the rate of Rs. 28.12 per sq. yard for the acquired land situated in Village Chhalera Bangar, Pargana and Tehsil - Dadri, District- Ghaziabad, now Gautam Buddha Nagar.
9. Accordingly, the instant appeal is allowed. The appellants are entitled to get enhanced compensation for their acquired land situated in Village Chhalera Bangar, Pargana and Tehsil - Dadri, District- Ghaziabad, now Gautam Buddha Nagar at the rate of Rs. 28.12 per square yard, along with 30% solatium and enhanced interest under Section 28, as provided under the Land Acquisition Act, 1894.
10. In this case, since the possession of the acquired land was taken on 21.07.1976 by NOIDA and the Award of the Collector was made on 15.02.1977, as such, as per the law laid down by the Apex Court in the case of Union of India v. Giani, (2011) 11 SCC 480, the appellants are not entitled to get additional compensation @ 12% per annum for their acquired land.
11. The instant appeal was filed on 07.04.2003 but the deficiency of court fees was ultimately made good on 17.05.2016, as such, the appellants are not entitled to get interest on the enhanced amount of compensation awarded by this Court for the period 07.04.2003 til 17.05.2016.
12. However, in the facts and circumstances of the case, the parties shall bear their own costs.
13. Office is directed to prepare the decree accordingly.
(Sandeep Jain,J.)
September 4, 2025
Rama Kant
