Allowed

Nem Singh and Others v. Special Land Acquisition Officer and Others

Allahabad HC1 Apr 2019FAPL/28/1996

Case brief

AI extract

What is this about?

This appeal, involving land acquisition references decided under Section 18 of the Land Acquisition Act, 1894, was decided based on a previous judgment (First Appeal No. 862 of 2015). The court allowed the appeal, setting aside the impugned award and judgment, and remanded the matter to the reference court for fresh adjudication of market value.

What did the court decide?

The impugned judgment dated 8.1.1996 in LAR No. 160 of 1988 is set aside and the matter is remanded for fresh adjudication of market value.

Nem Singh and Others Vs Special Land Acquisition Officer… — Land Acquisition | Allahabad HC (2019)

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Court No. - 59

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Case :- FIRST APPEAL No. - 28 of 1996 Appellant :- Nem Singh And Others Respondent :- Special Land Acquisition Officer And Others Counsel for Appellant :- ,Mahtab Alam,V.P. Singh,Vijendra Pal Singh Counsel for Respondent :- S.C.,Ramesh Upadhyay

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Mahtab Alam, learned counsel for the appellants and Sri Rajan Upadhyay, holding brief of Sri Ramesh Upadhyay, learned counsel for the respondent-Aligarh Development Authority.

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On 28.3.2019, this Court passed the following Order:

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Heard Sri Mahtab Alam, learned counsel for the appellants and the learned standing counsel for the State-respondents. No one appears on behalf of the respondent No.3 Aligarh Development Authority, even in the revised call.

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By Notification under Section 4(1) of the Land Acquisition Act, 1894, dated 24.1.1983 certain land of the claimants-appellants situate in Village - Kishanpur Ramghat, falling within the municipal limits of Aligarh, was acquired. Notification under Section 6 of the Act was published on 16.2.1983. Award was passed by the Special Land Acquisition Officer, Aligarh on 23.9.1986.

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Aggrieved with the offer made by the award, several land owners filed references under Section 18 of the Act. Three such land acquisition references being L.A. Nos.283 of 1987, 160 of 1988 & 161 of 1988 have been decided by the impugned common judgment dated 8.1.1996, passed by the VIIIth Additional District Judge, Aligarh.

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Learned counsel for the claimants-appellants states that one similar First Appeal No.182 of 1996 has been decided by this Court. He prays for three days time to produce copy of the judgment.

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As prayed, put up on 1.4.2019 alongwith record of First Appeal No.182 of 1996."

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Today, this appeal has been put up alongwith record of First Appeal No.182 of 1996. The First Appeal No.182 of 1996 (Aligarh Development Authority Vs. Parsadi Lal and Ors.) has been decided on 15.11.2016, following the order passed in First Appeal No.862 of 2015 (Smt. Gayatri Devi Vs. State of U.P. & Others). The order dated 15.11.2016 in First Appeal No.182 of 1996, is reproduced below:-

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"1. It is stated at the Bar that involving same acquisition proceedings, First Appeal No. 862 of 2003 (Smt. Gayatri Devi Vs. State of U.P. & Others) has been decided by this Court on 9th September, 2015. The operative part of the order in paras 34 and 35 reads as under:" 34. Accordingly, appeal is allowed. The matter is remanded to Reference Court to consider the question of market value of disputed acquired land of claimant-appellant after examining Exhibit3 and Exhibit-4 and also in light of exposition of law discussed above and to pass a fresh order. The impugned award/ judgement dated 15.3.1991 and decree dated 26.3.1991 passed in LAR No. 290 of 1987 to the extent as stated above are hereby set aside. 35. Since it is an old matter, we direct Reference Court to pass fresh order, as directed above, expeditiously, and in any case within six months from the date of production of a certified copy of this order."

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2. Counsel for the parties stated that since the dispute raised herein is covered by aforesaid judgement, for the reasons stated in judgment passed in First Appeal No. 862 of 2003, and in the same terms the impugned award and decree dated 16.5.1996, to the extent stated therein is set aside and the matter is remanded for fresh adjudication."

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Learned counsel for the parties, jointly state that the present First Appeal may also be allowed in terms of the judgment dated 9.9.2015, in First Appeal No.862 of 2015 (Smt. Gayatri Devi Vs. State of U.P. & Others) and

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the matter may be remanded to the reference court for fresh adjudication.

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In view of the above statement made by learned counsel for the parties, this First Appeal is also allowed in terms of the judgment dated 9.9.2015, in First Appeal No.862 of 2015 (Smt. Gayatri Devi Vs. State of U.P. & Others) . The impugned judgment dated 8.1.1996 in LAR No.160 of 1988 passed by the VIIIth Additional District Judge, Aligarh, is set aside and the matter is remanded for fresh adjudication.

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Order Date :- 1.4.2019/vkg

Nem Singh and Others v. Special Land Acquisition Officer and Others

Case brief

What is this about?

What did the court decide?

Nem Singh and Others v. Special Land Acquisition Officer and Others

Case brief

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What did the court decide?

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