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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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