Allowed

V.D.A. Varanasi v. Satya Narain and Others

Allahabad HC7 May 2019FAPL/978/2003

Case brief

AI extract

What is this about?

This appeal resolved a dispute over land acquisition compensation. The court held that the claimant is entitled to compensation only for the area owned as of the acquisition date, directing the competent authority to compute the payment within six months.

What did the court decide?

Directive to the Special Land Acquisition Officer to compute and pay compensation for the area owned on the acquisition date within six months.

V.D.A. Varanasi Vs Satya Narain and Others — Land Acquisition | Allahabad HC (2019)

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Court No. - 59

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Case :- FIRST APPEAL No. - 978 of 2003

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Appellant :- V.D.A. Varanasi Respondent :- Satya Narain And Others Counsel for Appellant :- Atul Mehra,Atul Mehrotra Counsel for Respondent :- S.K. Lal

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Hon'ble Surya Prakash Kesarwani,J.

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1- Heard Sri Atul Mehra, learned counsel for the appellant- Varanasi Development Authority, Varanasi and Sri S.K. Lal, learned counsel for the Claimant-respondent No.1.

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2 Both the learned counsel for the parties jointly state that there is no dispute between the parties in the present appeal with respect to the rate of compensation per biswa.

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3- They jointly state that the only dispute is that for what area of the acquired land of Khasra-Plot No.373/1 the claimant-respondent is entitled for compensation. On this point the court below framed issue no.3 as under:

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"Whether plot no.373/1 area 0.43 ½ acre is acquired by opposite parties and claimant is entitled to compensation for the same?"

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4- The issue has been answered by the court below holding that the land of the aforesaid Khasra-Plot No.373/1 has been acquired but the claimant-respondent Satya Narain shall be entitled for compensation for an area which was found in his holding at the time of acquisition. The computation part in this regard was left to the Special Land Acquisition Officer.

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5- Learned counsel for the appellant submits that prior to the date of acquisition Khasra-Plot No.373/1 was sold by the claimant-respondent Satya Narain to some persons

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and, therefore, the claimant-respondent is not entitled to get compensation with respect to such area of Khasra-Plot No.373/1, which has been sold by him prior to the date of acquisition.

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6- Learned counsel for the claimant-respondent submits that the claimant-respondent is not claiming compensation beyond the area owned by him as on the date of acquisition in Khasra-Plot No.373/1.He submits that the claimant-respondent is not claiming any compensation with respect to such portion of land of Khasra-Plot No.373/1, which was sold by him prior to the date of acquisition.

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7- I have carefully considered the submissions of the learned counsels for the parties and with their consent this appeal is being finally heard without calling for paper book.

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8- As noted above, both the learned counsel for the parties jointly agree that the claimant-respondent is entitled for compensation of the acquired land of Khasra-Plot No.373/1 to the extent owned by him as on the date of acquisition i.e. 10.7.1992. The only dispute is that what portion of the acquired land of Khasra-Plot No.373/1 was owned by the claimant-respondent as on the aforesaid date of acquisition under Section 4 of the Land Acquisition Act, 1874.

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9- By the impugned judgment, the Special Land Acquisition Officer was directed to compute the compensation of the claimant-respondent with respect to such area of Khasra-Plot No.373/1, which was owned by him as on the aforesaid date of acquisition.

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10- In view of the facts, as discussed above, this appeal is

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disposed of holding that the claimant-respondent is entitled for compensation only for such area of the acquired land of Khasra-Plot No.373/1, which was owned by him as on the date of the acquisition notification dated 10.7.1992, under Section 4 of the Land Acquisition Act, 1894. The computation of compensation shall be made by the competent authority within six months for payment of compensation to the claimant-respondent.

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11- Sri Atul Mehra, learned counsel for the appellant states that the compensation for such area of Khasra Plot No.373/1 as was owned by the claimant-respondent as on the date of acquisition notification under section 4 of the Act dated 10.7.1992, shall be determined in terms of the judgment dated 24.8.2016 in First Appeal Defective No. 438 of 2005 (Satya Narain v. Collector, Varanasi and others). Compensation, if any, found due and payable to the claimant-respondent, shall be paid by the appellant within three months after adjusting the amount already paid to the claimant-respondent.

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Order Date :- 7.5.2019 Ak/

V.D.A. Varanasi v. Satya Narain and Others

Case brief

What is this about?

What did the court decide?

V.D.A. Varanasi v. Satya Narain and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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