Disposed

The Deputy Chief Engineer Construction-Ii v. State of U.P. and 3 Others

Allahabad HC27 Jan 2020FAPLD/190/2018

Case brief

AI extract

What is this about?

The High Court initially dismissed an appeal regarding land acquisition compensation for want of prosecution. Upon recall, and with party consent alongside coordinate precedents, the court disposed of the appeal by modifying the market value and statutory benefits.

What did the court decide?

The appeal is disposed off by modifying the market value of land to Rs. 1,200/- per sq. meter and statutory benefits including solatium and interest.

The Deputy Chief Engineer Construction-Ii Vs State of… — Land Acquisition | Allahabad HC (2020)

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Court No. - 53

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Case :- FIRST APPEAL DEFECTIVE No. - 190 of 2018

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Appellant :- The Deputy Chief Engineer Construction-Ii Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Sanjay Kumar Tiwari Counsel for Respondent :- .,Ashok Tripathi

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Hon'ble Vivek Agarwal,J.

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None for the appellant, even when the list is revised. Sri Ashok Tripathi, learned counsel for the respondent is present.

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As nobody is appearing for the appellant, even when the list is revised, it appears that appellant has lost his interest in pursuing the appeal.

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Accordingly, the same is dismissed for want of prosecution.

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Later on, Sri Sanjay Kumar Tiwari, learned counsel for the appellant submits that he had no intimation of listing of this case today and therefore, could not appear in the first round as well as when the cause list is revised. He prays for review of the order dismissing the appeal for want of prosecution.

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On his request, aforesaid order is recalled.

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Sri Ashok Tripathi submits that some matter have already been decided by the High Court and present matter is also covered.

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As this case is also covered by judgment of coordinate Bench of this Court dated 23.04.2019 passed in First Appeal No. 827 of 2018, First Appeal No. 167 of 2018, First Appeal Defective No. 179 of 2017 and First Appeal No. 177 of 2018. In that case with the consent of the counsel for the parties, compensation has been modified to Rs. 1,200/- per sq. meter along with other statutory benefits as were granted by the court below. Accordingly, some appeals are allowed and some are dismissed.

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In the present case also parties through their counsel are in agreement that the order of learned Additional District Judge/Presiding Officer, U.P.A.E.V.P. Tribunal, Civil Court, Agra be modified and market value of the land acquired be fixed at Rs. 1,200/- per sq. meter on the date of notification under Section 4(1) of the Land Acquisition Act. Other terms and conditions namely, the claimant is entitled to additional amount under Section 23(1-A) @ 12% from 11.02.2002, the date of notification under Section 4 of the Land Acquisition Act

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till 07.03.2003 when the possession was taken, secondly, the claimant is also entitled to solatium under Section 23(2) of the Land Acquisition Act @ 30% on the enhanced market value. The 30% and 12% shall be in addition to part enhanced compensation, thirdly, the claimant is also entitled to interest for one year @ 9% per annum on the excess amount from 07.03.2003 and after the expiry of one year the claimant is entitled to interest @ 15% per annum on the excess amount till its payment into the court, fourthly, the parties shall bear their own costs of the case, shall remain intact.

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In above terms, appeal is disposed off .

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Order Date :- 27.1.2020 Vikram/-

The Deputy Chief Engineer Construction-Ii v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

The Deputy Chief Engineer Construction-Ii v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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