Krishi Utpadan Mandi Samiti Vs Kalua (Since Deceased) and 2 Others

The instant appeal under Section 54 of the Land Acquisition Act has been preferred by the appellant against impugned award and decree dated 13.06.2025 passed by Sri Jaigamuddin (H.J.S.) Presiding Officer, Land Acquisition Rehalibitation and Resettlement Authority, Moradabad in Land Acquisition Reference No.66 of 1983 (Kalua (since deceased) son of Chunni vs. Krishi Utpadan Mandi Samiti, Moradabad), whereby compensation @ Rs.108/- per square meter has been awarded to the land owners for the acquired land situated in Village Majhola, Tehsil and District Moradabad.

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Learned counsel for the appellant submitted that regarding similar acquisition matters, this Court in First Appeal No.246 of 2016 (Krishi Utpadan Mandi Samiti vs. Baburam Deceased and others) connected with four other first appeals, vide order dated 05.02.2020, has upheld the award of the Reference Court, wherein compensation @ Rs.108/per square meter was awarded to the land owners for the acquired land, situated in Village Majhola, District Moradabad. Learned counsel submitted that the matter was carried further in appeal by the Krishi Utpadan Mandi Samiti, Moradabad, which was rejected by the Apex Court, vide order dated 26.10.2020, as such, the matter regarding award of compensation for land acquired in Village

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FAPL No. 747 of 2025

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Majhola, Tehsil and District Moradabad has attained finality. Learned counsel submitted that in view of this, this appeal be also disposed of in terms of the above orders of this Court and the Apex Court.

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After hearing learned counsel for the parties and perusal of the record, the appeal is admitted.

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It is apparent that in the instant appeal, the matter relates to acquisition of land situated in Village Majhola, Tehsil and District Moradabad, which was acquired for the benefit of Krishi Utpadan Mandi Samiti, Moradabad. The acquisition was made through notification under Section 4(1) of the Land Acquisition Act dated 14.05.1977. The award of the Collector was made on 09.08.1982, whereby compensation @ Rs.15.75 paise per square yard was awarded to the land owners, which has been enhanced to Rs.108/per square meter by the impugned award and decree of the Reference Court.

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It is also apparent that the appellant had previously challenged the award of the Reference Court in similar matters before this Court by filing First Appeal No.246 of 2016 (Krishi Utpadan Mandi Samiti vs. Baburam Deceased and others) connected with four other first appeals, which were dismissed by this Court, vide order dated 05.02.2020, wherein the award of the Reference Court awarding compensation @ Rs.108/- per square meter was upheld. The Krishi Utpadan Mandi Samiti carried the matter further in appeal before the Apex Court, which was also dismissed, vide order dated 26.10.2020, as such, the matter regarding compensation of acquired land situated in Village Majhola, Tehsil and District Moradabad has attained finality.

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It is apparent that in similar matters, the award of the Reference Court, wherein compensation @ Rs.108/- per square meter was awarded to the land owners has already been upheld by the Apex Court and by this Court, as such, in the instant appeal, the compensation awarded by the Reference Court cannot be reduced any further.

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