Partly allowed

Ram Prakash and Others v. State of U.P.

Allahabad HC16 Apr 2019FAPL/261/1989

Case brief

AI extract

What is this about?

The High Court allowed the first appeal partly. It criticized the lower court's method of averaging multiple sale deed rates for determining land acquisition compensation. Instead, it validated using the highest rate from a specific sale deed exemplar, applying deductions and escalation to fix compensation at Rs. 15,500 per bigha.

What did the court decide?

Compensation determined @ Rs.15,500/- per bigha along with statutory benefits and interest; impugned judgment modified.

Ram Prakash and Others Vs State of U.P. — Land Acquisition | Allahabad HC (2019)

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Court No. - 59

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Case :- FIRST APPEAL No. - 261 of 1989 Appellant :- Ram Prakash And Others Respondent :- State Of U.P. Counsel for Appellant :- Mohan Srivastava, ,M.P. Mithal,Santosh Kumar Srivastava Counsel for Respondent :- S.C.

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Santosh Kumar Srivastava, learned counsel for the appellants and Sri I.S. Tomar, learned Additional Chief Standing Counsel for the respondents.

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An affidavit of compliance dated 13.04.2019, has been filed today, which is taken on record.

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Along with the aforesaid affidavit of compliance, copies of four orders dated 27.11.1989 dismissing First Appeal Defective Nos.628, 629, 630 and 631, all of 1989, have been filed whereby first appeals filed by the State to challenge the impugned common judgment, were dismissed.

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By notification dated 26.04.1979 published in the Gazette under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), land measuring 87-9-18 bighas of Kathi Ghora, Pargana and Tehsil Hapur, District Ghaziabad was acquired for construction of Madhya Ganga Canal. Actual acquisition was made for 74-17-7 bighas land. Notification under Section 6 of the Act was published in the Gazette on 09.06.1979. Special Land Acquisition Officer made the award on 19.01.1985. Dissatisfied with the award, 24 land acquisition references under Section 18 of the Act, were filed by the land owners, which have been decided by the impugned common judgment dated 12.12.1988 passed by the District Judge, Ghaziabad awarding compensation @ Rs.15,000/- per bigha along with other statutory

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benefits and interest. Aggrieved with the aforesaid judgment, the present first appeal has been filed by the land owner.

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Learned counsel for the appellants submits that the appellants were entitled for compensation @ Rs.25,000/- per bigha in view of the sale deed exemplar dated 19.10.1978 whereby certain land of Awal Abi quality soil was sold @ Rs.20,000/- per bigha.

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Learned standing counsel supports the impugned judgment.

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I have carefully considered the submissions of the learned counsels for the parties.

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Perusal of the impugned judgment shows that there were five sale deed exemplars before the reference court out of which the sale deed exemplar dated 19.11.1979 was of a subsequent date. Two sale deeds dated 14.11.1977 and 3101.1979 filed by the State-appellants disclosed selling rate of Rs.9000/- and Rs.7200/- per bigha respectively while the sale deed exemplar dated 19.10.1978 and 27.09.1978 disclosed selling rate of Rs.20,000/- and Rs.18600/- per bigha. The sale deed exemplar dated 19.10.1978 disclosed highest selling rate of Rs.20,000/- per bigha. Reference Court took average of the rate disclosed by the aforesaid five sale deeds i.e. Rs.14,360/- per bigha and determined compensation @ Rs.15,000/- per bigha after adding some escalation. The method adopted by the court below cannot be approved inasmuch as the a genuine sale deed exemplar disclosing highest selling rate sould have been made basis to determine compensation after giving due deduction and adding escalation.

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Considering the facts and circumstances of the case, the compensation may be determined on the basis of sale deed exemplar dated 19.10.1978 whereby 4 biswas land was sold for Rs.4000/-. The selling rate comes to Rs.20,000/- per bigha. Looking to the largeness of the area acquired, if a deduction of 30% is applied, then the market value as on 19.19.1978 would come to Rs.14,000/- per bigha. This sale deed exemplar was executed about 8 months ago before the date of issue of notification under Section 4 of the Act. Therefore, after adding escalation @15% per annum for 8 months on Rs.14,000/-, the market value would come to Rs.15,400/- per bigha, which is rounded off to Rs.15,500/- per bigha.

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For all the reasons afore-stated, this first appeal is partly allowed . Compensation of the land of the claimant appellant acquired by notification dated 26.04.1979, is determined @ Rs.15,500/- per bigha along with statutory benefits and interest as granted by the court below. Impugned judgment and decree stands modified accordingly.

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Order Date :- 16.04.2019 NLY

Ram Prakash and Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Prakash and Others v. State of U.P.

Case brief

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