POWER GRID CORPORATION OF INDIA LTD – Appellant
Versus
NEPAL and OTHERS – Respondent
FAPL 216/2005
Court No. - 1
Case :- FIRST APPEAL No. - 216 of 2005
Appellant :- Power Grid Corporation Of India Ltd
Respondent :- Nepal And Others
Counsel for Appellant :- Piyush Bhargava
Counsel for Respondent :- Vinayak Mithal
Hon'ble Vivek Agarwal,J.
This appeal has been filed by the appellant - Power Grid
Corporation of India under section 54 of the Land Acquisition
Act, 1894 read with Section 1996 of CPC being aggrieved of
order dated 29.9.2004 passed by learned Additional District
Judge, Court No. 17. Meerut whereby learned Reference Court
while deciding the Land Acquisition Reference No. 135/1998;
Nepal Singh Vs. State of UP and others has enhanced
compensation declaring market rate to be Rs. 131 per square
meter.
It has come on record that thereafter certain appeals were filed
by the Power Grid Corporation have been dismissed vide order
dated 6.10.2016 passed in First Appeal No. 214 of 2005 (Power
Grid Corporation of India Ltd. Vs. Munshi Singh and others)
and other connected First Appeal No. 216 of 2005 and 636 of
2005 by a Division Bench of this Court.
Sri Vinayak Mithal in his turn submits that in the present case
counter claim is squarely covered by the order of Supreme
Court in case of Zaheer Ahmad (D) through LR etc. vs. Power
Grid Corporation Limited and others as decided on February,
10, 2020 in Civil Appeal No. 1339-1403/2020 wherein Hon'ble
Supreme Court has upheld that compensation at the rate of 150
per square meter for the land beyond 500 meter from the GT
road and has held that for the land beyond 500 meters there will
be uniform rate of compensation i.e., at the rate of Rs. 150 per
square meter The other statuary benefits also be worked out
accordingly.
This proposition by learned counsel for the respondent that their
land is situated beyond 500 meters from GT road and also in
regard to applicability of the order of Supreme Court dated
February, 10, 2020 has not been disputed by the learned counsel
for the appellants.
Therefore, cross objection is disposed off in terms of the orders
of the Supreme Court dated February, 10, 2020 holding that
claimants will be entitled to compensation of Rs. 150 per square
meter along with other statutory benefits.
As far as appeal is concerned that is dismissed in terms of the
order dated 6.10.2016 passed by the Hon'ble Division Bench in
F.A. No. 216 of 206.
Order Date :- 19.3.2021
S.K.S.
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