Dismissed

The Land Acquisition Officer v. Harish Chandra

Allahabad HC9 Apr 2019FAPL/220/1990

Case brief

AI extract

What is this about?

The Single Judge dismissed the first appeal filed by the Land Acquisition Officer. The court held that similar appeals and proceedings regarding the same land acquisition had already been resolved with the State of U.P. accepting the judgment, and the appeal's valuation was below the minimum limit fixed by the State Government.

What did the court decide?

The appeal was dismissed.

The Land Acquisition Officer Vs Harish Chandra — Land Acquisition | Allahabad HC (2019)

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Court No. - 59

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Case :- FIRST APPEAL No. - 220 of 1990 Appellant :- The Land Acquisition Officer Respondent :- Harish Chandra Counsel for Appellant :- S.C.,V.Malviya Counsel for Respondent :- Navcin Singh,Vipin Sinha

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Girish Vishwakarma, learned standing counsel for the State-respondent. No one appears on behalf of the respondent even in the revised call.

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Similar first appeal being First Appeal No.13 of 1999 (State of U.P. through Collector, Rampur) filed by the appellant, was dismissed by this Court by order dated 8.11.2016 as under:

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"Heard Sri P.P. Chaudhary, learned standing counsel for the appellant.

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An affidavit of compliance dated 7.11.2016 has been filed today which is taken on record.

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Perusal of paragraphs 8 to 18 of the affidavit reveals that against the judgment in two land acquisition references, namely, L.A.R. Nos.21 and 22 both of 1987 relied in the impugned judgment, the claimants filed First Appeal Nos.880 of 1993 and 401 of 1998 and State of U.P. filed First Appeal Nos.463 and 467 both of 1989. The First Appeals of the State were dismissed by order dated 3.12.2010 and 26.2.2008. The First Appeal nos.880 of 1993 and 401 of 1998 filed by the claimants were allowed by this Court by judgment dated 29.1.2004 enhancing the compensation from Rs.17,000/- per acre to Rs.30,000/- per acre.

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Aggrieved with the said judgment the claimant preferred Special Leave Petition(c) No.21234 and 21235 of 2005 which was allowed by Hon'ble Supreme Court by judgment dated 12.9.2005 and the matter was remanded to this Court. The aforesaid two First Appeals of the claimants on remand were decided by this Court by jdugment dated 30.5.2014 enhancing the compensation to Rs.50,000/- per acre. Against this judgment the claimants have preferred Special Leave Petition No.18126 of 2015 which is pending before the Hon'ble Supreme Court.

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In paragraphs 16 to 18 it is stated that against the order of dismissal of the First Appeal passed by this Court, the State of U.P. has not filed any Special Leave Petition before the Hon'ble Supreme Court challenging the judgment and thus so far as the State of U.P. is concerned the judgment of this Court has attained finality. In paragraph 17 particulars of certain First Appeals arising from the Acquisition in question have been given which reveals that the Fist Appeal No.220 of 1990 is pending before this Court.

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In view of the aforesaid, since the First Appeals filed by the present appellant arising from the acquisition in question as well as from the relied upon judgments by the Reference Court have already been dismissed and the State of U.P. has accepted that judgment and as such this First Appeal is also dismissed".

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That apart, the valuation of the appeal is merely Rs.13,320/- which is below the minimum monetary limit fixed by the State Government for filing appeal by the State Government in land acquisition matters.

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In view of the aforesaid, the appeal is dismissed.

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Order Date :- 9.4.2019 Ak/

The Land Acquisition Officer v. Harish Chandra

Case brief

What is this about?

What did the court decide?

The Land Acquisition Officer v. Harish Chandra

Case brief

What is this about?

What did the court decide?

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