Vinod Kumar and Others v. State of U.P.
Case brief
What is this about?
In a first appeal regarding land acquisition for a mandi construction, the High Court held that the market value of acquired land should be Rs.13,000 per acre instead of the rate determined based on soil quality. The court awarded escalation on a sale-deed exemplar rate and directed the reference court judgment to be modified.
What did the court decide?
Impugned judgment modified; liable parties to pay compensation at the rate of Rs.13,000 per acre along with other statutory benefits and interest.
What the court decided
1
Court No. - 59
Case :- FIRST APPEAL No. - 438 of 1986 Appellant :- Vinod Kumar And Others Respondent :- State Of U.P. Counsel for Appellant :- Pradeep Kumar,Puneet Bhadauria,Uma Nath Pandey Counsel for Respondent :- ,Archit Mandhyan,S.C.,Suresh C. Dwivedi
Hon'ble Surya Prakash Kesarwani,J.
1- Heard Sri Pradeep Kumar, learned counsel for the appellants and Sri M.C. Chaturvedi, learned Additional Advocate General representing the respondent no.2, Krishi Utpadan Mandi Samiti.
2- Briefly stated facts of the present case are that by notification dated 14.6.1976, under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') published in the Gazette on 16.6.1976, land measuring 33.87 acres of Village Siraj Mau, Pargana and Tehsil Etawah, District Etawah, was acquired for construction of Mandi Sthal . Notification under Section 6(1) of the Act, was also published on 16.6.1976. The Special Land Acquisition Officer made the award on 12.10.1978 offering compensation on the basis of sale-deed exemplar at serial nos. 9 and 10, whereby one Sri Vishun Das son of Hajari Mal purchased plot no.75 measuring 1-96 acre for Rs.19,600/-. The compensation was determined on the basis of soil quality of land as under :
| Soil Quality of Land | Rate per acre (Rs.) |
|---|---|
| Manjha Avval Dumat Aavi | Rs.10,000/- |
| Manjha Avval Dumat Doyam Aavi | Rs. 8,621-05 |
| Manjha Doyam Aavi | Rs. 7,168-42 |
| Manjha Doyam Khaki | Rs. 5,389-47 |
Issues for consideration
3 issues framed by the court
Whether market value of acquired land should be determined based on soil quality or sale-deed exemplar rates without deduction for area size.
Whether escalation of 15% on the base price should be applied to determine fair market value for compensation.
Whether the reference court's judgment awarding 15% solatium and enhanced compensation requires modification.
Parties & counsel
- appellant
Vinod Kumar And Others
- respondent
State Of U.P.
Coram
Surya Prakash Kesarwani
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- FAPL/438/1986
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