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ALI HASAN & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Ali Hasan & Others v. State Of U.P. & Another - FIRST APPEAL No. - 252 of 2003 [2007] RD-AH 16015 (26 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Pankaj Mithal,J.

Heard Sri R.C. Gupta, learned counsel for the appellant and Sri R.K. Srivastava, learned counsel for the respondents.

Land of the claimants-appellants was acquired for the extension and modernization of Sugar Mill Rohana in District- Muzaffar Nagar. The notification under Section 4 of the Land Acquisition Act was issued on 19.8.1989 and was followed by declaration under Section 6 of the Act dated 1.9. 1989. The SLAO made the award on 18.8.1990. Against the award several references were preferred under Section 18 of the Act including the present LAR No. 372 of 1991. Some of the reference including LAR No. 35 of 1991 was allowed by the reference court vide judgment and order dated 1.11. 1994 and the compensation was enhanced to Rs. 96000/- per pakka Bigha. The said judgment, order and the consequential decree was challenged by the U.P. State Sugar Corporation Limited in First Appeal No. 66 of 1995. The said First Appeal was decided by this Court vide judgment and order dated 16.8.2007 and the market value for awarding the compensation was finally determined to be Rs. 30/- per square yard. The said judgment and order of the Court is final and conclusive.

The reference of the present claimants-respondents i.e. LAR No. 372 of 1991 was unfortunately dismissed by the reference court vide judgment and order dated 4.9.1997 even though it had the same evidence on record as was adduced in LAR No. 35 of 1991. Aggrieved by the judgment and order of the reference court the claimants appellants have preferred this appeal under Section 54 of the Land Acquisition Act for the enhancement of compensation.

Learned counsel for appellants placing reliance upon the judgment and order of this Court dated 16.8.2007 passed in First Appeal No. 66 of 1995 has submitted that the claimants-appellants are entitled to the same rate of compensation as has been awarded in the above appeal i.e., @ Rs. 30/- per square yard. Sri R.K. Srivastava, learned counsel for the respondents agrees that the matter is covered by the judgment and order of this Court dated 16.8.2007 passed in First Appeal No. 66 of 1995 and therefore the claimants respondents are also entitle to compensation at the same rate.

In view of the above respective submissions and the fact that the land involved in the present reference was acquired by same notification and had the similar potentiality as the land which was involved in LAR No. 35 of 1991, the present appeal is allowed in terms of the judgment and order dated 16.8.2007 passed in First Appeal No. 66 of 1005. The judgment and order of the reference court dated 4.9.1997 and the consequential decree passed thereto in LAR No. 372 of 1991 (Ali Hasan @ Abban and others Vs. State of U.P. and another) is set aside. The claimants appellants are awarded compensation at the market rate of Rs. 30/- per square yard along with all other statutory benefits admissible under the Act.

No order is passed as to costs.

26.9.2007

SKS(252-03)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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