Allahabad High Court
Allahabad Development Authority ... vs State Of U.P. And Others on 22 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:170238
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 137 of 2010
Allahabad Development Authority Allahabad Through Secretary
.....Appellant(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Appellant(s)
:
Anand Prakash Paul, P.N.Singh, R.N.Singh
Counsel for Respondent(s)
:
Durga Singh, Mahendra Mani Tripathi
WITH
CROSS OBJECTION No. - 86 of 2021
Baijnath And 4 Others
.....Objector(s)
Versus
Allahabad Development Authority
..... Respondent(s)
Counsel for Objector(s)
:
Durga Singh
Counsel for Respondent(s)
:
Anand Prakash Paul
Court No. - 35
HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the appellant and learned counsel for the respondents are present.
2. First Appeal No. 137 of 2010 has been preferred by the Allahabad Development Authority against the impugned judgment and decree dated 22.10.1994 in L.A.R. No. 270 of 1991 (Baij Nath & others v. State of UP and another) made by the court of XIV Additional District Judge, Allahabad, whereby the land reference has been partly allowed and landowners have been awarded compensation at the rate of Rs. 75,000/- per Beegha for the acquired land situated in Village Neemsarai, Pargana & Tehsil- Chayal, District- Allahabad.
3. Cross Objection No. 86 of 2021 has been filed by the landowners against the impugned Award and Decree dated 22.10.1994 passed in L.A.R. No. 270 of 1991 (Baij Nath & others v. State of UP and another) for enhancement of the compensation awarded by the Reference Court.
4. Since the appeal and cross objection relate to the same impugned Award and Decree dated 22.10.1994, as such, both are being heard and decided together by this common judgment.
5. Learned counsel for the appellants- Allahabad Development Authority submitted that the impugned Award and Decree of the Reference Court is perverse because the Reference Court has awarded excessive compensation for the acquired land situated in Village Neemsarai, Pargana & Tehsil- Chayal, District- Allahabad.
6. Per contra, learned counsel for cross objectors/ landowners submitted that in similar matters, relating to same acquisition, regarding similarly situated land, the Reference Court had itself awarded compensation at the rate of Rs. 112.50/- per sq. yard which was challenged by the Allahabad Development Authority by filing First Appeal No. 3/1999 (Allahabad Development Authority v. Mool Chandra and others) which was dismissed on merits by Division Bench of this Court vide order dated 08.02.2010. Learned counsel submitted that the matter was carried by the Authority in appeal to the Apex Court which was also dismissed on 30.04.2010. Learned counsel submitted that in view of the above order of the Apex Court and the Division Bench of this Court, the matter regarding acquisition of land situated in Village Neemsarai, Pargana & Tehsil- Chayal, District- Allahabad has attained finality and as such, the amount of compensation awarded by the Reference Court cannot be reduced any further.
7. Learned counsel for the cross objectors also submitted that the judgment of the Division Bench of this Court in First Appeal No. 3/1999 has been subsequently followed in First Appeal No. 948/2002 ((Allahabad Development Authority v. Ram Chandra and others) which was dismissed by this Court vide order dated 30.08.2017. Learned counsel submitted that in the light of the above orders of the Apex Court and this Court, the landowners/ cross objectors are entitled to get enhanced amount of compensation at the rate of Rs. 112.50/- per sq. yard for their acquired land situated in Village Neemsarai, Pargana & Tehsil- Chayal, District- Allahabad.
8. I have heard learned counsel for both the sides and perused the records.
9. It is apparent that the instant appeal and cross objection related to the acquired land situated in Village Neemsarai, Pargana & Tehsil- Chayal, District- Allahabad which was acquired through notification under Section 4(1) of the Act dated 13.04.1987 in respect of which, the Award of the Collector was made on 07.04.1989 whereby compensation at the rate of Rs. 16666.66 per Beegha has been awarded to the landowners. Besides this, other statutory benefits admissible under the Land Acquisition Act have also been awarded to the landowners.
10. It is apparent that the Award of the Collector was challenged by the landowners by filing Reference which has been partially allowed by the impugned award and decree dated 22.10.1994 whereby the compensation has been enhanced to Rs. 75,000/- per Beegha. It is apparent that regarding similarly acquired land, which was acquired through similar notification, the Reference Court itself in Reference No. 87 of 1990 (Mool Chandra and others v. Allahabad Development Authority) by order dated 28.09.1993 awarded compensation at the rate of Rs. 112.50/- per sq. yard which was challenged by the Allahabad Development Authority by filing First Appeal No. 3/1999 (Allahabad Development Authoirty v. Mool Chandra and others) which was dismissed by Division Bench of this Court on merits vide order dated 08.02.2010. This order was further challenged by the Authority before the Apex Court which was also dismissed vide order dated 30.04.2010, as such, that order has attained finality. Subsequently, the above order of the Division Bench of this Court was followed in First Appeal No. 948 of 2002 (Allahabad Development Authority v. Ram Chandra and others) which was dismissed vide order dated 30.08.2017.
11. It is apparent that for similarly acquired land, the Reference Court itself has awarded compensation at the rate of Rs. 112.50/- per sq. yard besides other statutory benefits admissible under the Land Acquisition Act which is more than what has been awarded by the Reference Court in the instant case, as such, the amount of compensation awarded by the Reference Court cannot be reduced any further. Accordingly, the appeal preferred by the Allahabad Development Authority is meritless and is hereby dismissed.
12. So far as the cross objection preferred by the landowner is concerned, since the Apex Court and the Division Bench of this Court has upheld the Award of the Reference Court in similar cases wherein compensation at the rate of Rs. 112.50/- per sq. yard has been awarded to the landowners, the cross objectors are also entitled to get the same compensation for their acquired land. Accordingly, the cross objection deserves to be allowed.
13. The cross objection is hereby allowed. The landowners/ cross objectors are entitled to get enhanced compensation at the rate of Rs. 112.50/- per sq. yard for their acquired land along with statutory benefits admissible under the Land Acquisition Act, 1894.
14. In the instant case, the Award of the Reference Court was made on 22.10.1994, but the cross objections have been filed with delay on 15.09.2019 and the deficiency of court fees was made good on 02.09.2021, as such, the cross objectors are not entitled to get interest on the enhanced amount of compensation awarded by this Court for the period 23.10.1994 till 02.09.2021.
15. However, in the facts and circumstances of the case, the parties shall bear their own costs.
16. Office is directed to prepare the decree accordingly.
(Sandeep Jain,J.)
September 22, 2025
Rama Kant
