Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
SURYA PRAKASH KESARWANI, J.
Ram Phal and Others - Appellant
Versus
State of UP and Others - Respondent
First Appeal No. 467 of 2006, 386 of 2008, 627 of 2009, 58, 685, 757 of 2014, 88, 223, 225, 250, 680 of 2015, 198, 383 of 2016, 524 of 2003
Decided On : 25-03-2019
The court determined the compensation for the acquired land under Section 4(1) of the Land Acquisition Act, 1894, by considering various factors, including the location and potential value of the acquired land, the development in the surrounding area, and the market value of similar lands in the vicinity. The court also took into account the principles laid down by the Supreme Court in various judgments, including the need to determine the market value of the acquired land as on the date of publication of the notification under Section 4(1) of the Act and the importance of considering the potentiality of the acquired land.
Fact of the Case:
The case involved the determination of compensation for land acquired by the respondent-NOIDA under Section 4(1) of the Land Acquisition Act, 1894. The land was located in village Morna and was acquired on 02.02.1991. The claimants-appellants, who were the owners of the acquired land, filed references under Section 18 of the Act, challenging the compensation offered by NOIDA. The reference court determined the compensation @ Rs.264/- per square yard, which was challenged by the claimants-appellants in the present appeals.
Finding of the Court:
The court found that the compensation determined by the reference court was not in conformity with the provisions of Section 23 of the Act and the principles laid down by the Supreme Court. The court held that the market value of the acquired land should be determined as on the date of publication of the notification under Section 4(1) of the Act, and that the potentiality of the acquired land should also be taken into consideration. The court also found that the comparable sales method of valuation was the preferred method for determining the market value of the acquired land.
Issues: The main issues in the case were: 1. Whether the compensation determined by the reference court was in accordance with the provisions of Section 23 of the Land Acquisition Act, 1894 and the principles laid down by the Supreme Court. 2. Whether the market value of the acquired land should be determined as on the date of publication of the notification under Section 4(1) of the Act. 3. Whether the potentiality of the acquired land should be taken into consideration while determining the market value.
Ratio Decidendi: The court held that the compensation determined by the reference court was not in accordance with the provisions of Section 23 of the Act and the principles laid down by the Supreme Court. The court held that the market value of the acquired land should be determined as on the date of publication of the notification under Section 4(1) of the Act, and that the potentiality of the acquired land should also be taken into consideration. The court also held that the comparable sales method of valuation was the preferred method for determining the market value of the acquired land.
Final Decision: The court allowed the appeals and determined the compensation for the acquired land @ Rs.355/- per square yard. The court also directed the respondent-NOIDA to pay the compensation and costs to the claimants-appellants within three months.
SURYA PRAKASH KESARWANI, J.
1. Determination of compensation of the land of village Morna acquired by notification under Section 4(1) of the Land Acquisition Act, 1894 dated 02.02.1991 on the basis of award/ judgments determining compensation of the land acquired by notification dated 05.01.1991 of village Chhalera Bangar, sale deed exemplar of village Morna of the period within three years of the acquisition, is the question involved in the present first appeals.
Heard Sri Shri Krishna Mishra and Sri Madan Mohan, learned counsels for the claimants appellants, the learned standing counsel for the State-respondents and Sri Shashinandan, learned senior advocate, assisted by Sri Shivam Yadav and Sri Amrish Shukla, learned counsels for the respondent-NOIDA.
FACTS OF THE CASE:-
2. Briefly stated facts of the present case are that by notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act'), major portion of land of village Morna was acquired in the year 1976. Lands of adjoining villages were also acquired. Huge development took place on the aforesaid acquired land. Np3 road and several residential colonies were built. Facilities of road electricity, water, etc. all were developed by the year 1980. Subsequently, acquisition notification in question dated 02.02.1991, was issued for acquisition of land of village Morna measuring 276-12-15 bighas and finally the acquisition was made for 273-3-2 bighas. Notification under Section 6 of the Act was issued on 04.12.1991, which was published in the Gazettee on 04.01.1992. Possession was taken on 31.03.1992. The Special Land Acquisition Officer (SLAO) passed the award on 31.03.1995 offering Rs.74.40 per square yard as compensation for the acquired land along with statutory benefits. Dissatisfied with the award, number of land holders filed references under Section 18 of the Act. Thirty six such references were decided by the impugned common judgment dated 10.02.2003 passed by the court of Additional District Judge and Sessions Judge, Ghziabad determining the compensation @ Rs.264/- per square yard. Aggrieved with this judgment, the respondent NOIDA filed First Appeal No.752 of 2003 (NOIDA vs. Om Prakash and others) and First Appeal No.710 of 2003 (NOIDA vs. Ishwar and others). The aforesaid First Appeal No.752 of 2003 was disposed of by a Division Bench in terms of the judgment of the same Division Bench in First Appeal No.564 of 1997 (Khajan and others vs. State of U.P. and another) relating to acquisition of land of village Bhangel Begumpur by notifications issued in the year 1983, 1986 and 1988. Thus, the aforesaid First Appeal No.752 of 2003 filed by NOIDA stood dismissed by the Division Bench by order dated 11.10.2012. The First Appeal No.710 of 2003 filed by NOIDA was dismissed by order dated 20.11.2018. According to NOIDA, against the judgment in the aforesaid First Appeal No.752 of 2003 (NOIDA vs. Om Prakash and others), S.L.P. No.28435 of 2015 (NOIDA vs. Om Prakash) was filed by NOIDA, which was dismissed by Hon'ble Supreme Court by order dated 03.02.2015. It is relevant to mention that First Appeal No.564 of 1997 (Khajan and others vs. State of U.P.), relating to village Bhangel Begumpur was decided with respect to the lands acquired in the years 1983, 1986 and 1988 and compensation determined @ Rs.297/- per square yard by the Division Bench by judgment dated 11.10.2012, stood affirmed by the Hon'ble Supreme Court. The main submission of respondent-NOIDA before this court in the present appeals is that since the First Appeal No.752 of 2003 (NOIDA vs. Om Prakash) arising from the impugned common judgment in the present first appeals, was disposed of by the Division Bench in terms of the judgment in the case of Khajan and others (supra) in which compensation was determined @ Rs.297/- per square yard and the S.L.P. of the NOI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
