IMPORTANT POINT
Acquisition of land – Land owners whose lands have been acquired under provisions of Land Acquisition Act, 1984, are entitled to a reasonable and just compensation at par with other similarly situated land owners.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 18.12.2018 passed by the High Court of Judicature at Allahabad in respective First Appeals No. 657 of 2017 and other allied First Appeals by which after condoning the delay of 22 years in preferring the respective first appeals, the High Court has enhanced the amount of compensation for the lands acquired to Rs. 149 per sq. yard, the New Okhla Industrial Development Authority (NOIDA) has preferred the present appeals.

2. Learned counsel appearing on behalf of the appellant (NOIDA) has vehemently submitted that there was a huge delay of 22 years in preferring the appeals by the land owners, which ought not to have been condoned by the High Court.

2.1 In the alternative, it is submitted that in any case the acquiring body-NOIDA shall not be saddled with the liability to pay the statutory benefits and the interest for 22 years, as it would cause financial burden upon the NOIDA and it may affect the project cost.

3. Learned Counsel appearing on behalf of the land owners have submitted that as such the land owners shall be entitled to compensation at Rs. 297/- per sq. yard as determined by this Hon’ble Court in the case of Nanak (Deceased) through LRs. vs. New Okhla Industrial Development Authority and Another decided on 26.9.2018 in Civil Appeal No. 10013 of 2018.

3.1 It is submitted that in any case when it has been found that the land owners shall be entitled to compensation at Rs. 149/- per sq. yard considering the decision of this Hon’ble Court in the case of New Okhla Industrial Development Authority (NOIDA) vs. Deo Karan and Others decided on 01.05.2018 in Civil Appeal No. 4879 of 2018 and when the same was with respect to the acquisition of the year 1982 and the land owners are entitled to just compensation, no error has been committed by the High Court in entertaining the application for condoning the delay in preferring the appeals and awarding the compensation at par with other land owners whose lands came to be acquired in the year 1982.

4. We have heard learned counsel for the respective parties at length.

5. At the outset, it is required to be noted that in the present case the Notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 05.01.1982. The Reference Court determined the compensation at Rs. 20/- per sq. yard by impugned judgment dated 15.12.1993. After a period of 22 years the land owners preferred the present appeals before the High Court. By the impugned common judgment and order the High Court after condoning the delay of 22 years in preferring the appeals has enhanced the amount of compensation to Rs. 149/- per sq. yard at par with the land owners in the case of Deo Karan and Others (supra) by which this Court with respect to the acquisition of the year 1982 determined the compensation at Rs. 149/- per sq. yard. Therefore, in the present case the land owners shall be entitled to compensation at Rs. 149/- per sq. yard at par with other land owners whose lands were acquired in the year 1982. It cannot be disputed that the land owners, whose lands have been acquired under the provisions of Land Acquisition Act, 1984, are entitled to a reasonable and just compensation at par with the other similarly situated land owners.

5.1 Now so far as the submission on behalf of the land owners that they shall be entitled to compensation at the rate of Rs. 297/- per sq. yard relying upon the decision of this Court in the case of Nanak (Deceased) through LRs. (supra) is concerned, at the outset it is required to be noted that as such the land owners have not preferred the appeals before this Court. It is the NOIDA who has preferred the present appeals. Under the circumstances in the appeals preferred by the NOIDA questioning the determination of the compensation at Rs. 149/- per sq. yard, the land owners cannot be permitted to say that they are entitled to the enhanced amount of compensation over a