Single bench appeal filed by U.P. Avas Evam Vikas Parishad challenging compensation awarded in land acquisition references. Court dismissed the appeal relying on prior divers bench judgments which had already dismissed similar appeals and fixed compensation.
First Appeal No. 127 of 1994 is dismissed.
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Court No. - 59
Case :- FIRST APPEAL No. - 127 of 1994
Appellant :- U.P.A.E.V.P. And Another Respondent :- Bulaki Counsel for Appellant :- Pankaj Mithal,A.S.Srivastava Counsel for Respondent :- S.K.Lakhtakia,A.K.Roy,S.N. Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the appellant - U.P. Avas Evam Vikas Parishad.
By Notification dated 26.6.1982, under Section 4(1) of the Land Acquisition Act, 1894, read with Section 28 of the U.P. Avas Evam Vikas Adhiniyam 1965, certain land of Villages - Arthala, Jhandapur, Prahlad Garhi, Makanpur, Mohiuddinpur & Sahibabad of District - Ghaziabad were acquired for U.P. Avas Evam Vikas Parishad.
Dissatisfied with the award made by the SLAO large number of land owners filed references under Section 18 of the Act, 1894. Four such references were decided by a reference Court by judgment dated 23.5.2000 including LAR No.209 of 1995 (Asha Ram and another Vs. State of U.P. and another). The judgment in LAR no.209 of 1995 was challenged by the U.P. Avas Evam Vikas Parishad by filing First Appeal No.86 of 2002 which was dismissed by a Division Bench by common judgment dated 1.12.2015.
Thus, the compensation determined by the reference Court @ Rs.120 per sq. yard was not interfered with.
By the impugned common judgment dated 28.5.1993 the LAR No.54 of 1991 and other 51 land acquisition references were decided. The present first appeal has been filed against the judgment in the aforesaid LAR No.54 of 1991. Learned counsel for the appellant fairly states that various First Appeals filed by the U.P. Avas Evam Vikas Parishad arising from the acquisition in question were dismissed including the aforesaid First Appeal No.86 of 2001.
In view of the aforesaid this appeal is also dismissed .
Order Date :- 2.4.2019/vkg
1 issue framed by the court
Whether the first appeal regarding compensation under Land Acquisition Act should be dismissed following prior dispositions of similar appeals.
2 provisions across 2 enactments
U.P. Avas Evam Vikas Parishad
Bulaki
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
