Allahabad High Court
Prithipal Singh And Others vs State Of U.P. on 8 July, 2022
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- FIRST APPEAL No. - 154 of 1990 Appellant :- Prithipal Singh And Others Respondent :- State of U.P. Counsel for Appellant :- Bidhan Chandra Rai Counsel for Respondent :- S.C. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Deepak Kumar Pandey, Advocate holding brief of Sri Bidhan Chandra Rai, learned counsel for the appellants, Sri Siddharth Singh Srinet, learned Standing Counsel for the State of U.P. and perused the record.
This first appeal under Section 96 C.P.C. has been filed by the appellants against the judgment and decree dated 07.12.1987, passed by District Judge, Rampur, in Land Acquisition Reference No. 26 of 1987 (Prithvi Pal Singh and others vs. Land Acquisition Officer, Rampur).
Brief facts of the case is that the land of appellants was acquired for construction of railway line connecting Rampur and Haldwani. The notification under Section 4 of Land Acquisition Act, 1894 (hereinafter referred to as "the Act") issued on 14.11.1981 for acquisition of agricultural land of appellants situated in village Debdiba, Rampur. The Land Acquisition Officer had awarded compensation @ Rs. 12,000/- per acre. The appellants and other land owners had filed objections and the matter was referred to the District Judge, Rampur, under Section 18 of the Act. The learned District Judge, Rampur vide his judgment dated 07.12.1988 had dismissed the Reference No. 26 of 1987 and uphold the order of Land Acquisition Officer, Rampur.
It is submitted by learned counsel for the appellants that for the same purpose and also by same notification, the land of other villagers of village Debdiba, Rampur was acquired through notification dated 14.11.1981 and the Division Bench of this Court in the case of Jasvir Singh & Ors. vs. Land Acquisition Officer & Anr. reported in 2014 (5) ADJ 686 determined the compensation at the rate of Rs. 50,000/- per acre. The aforesaid judgment of the Division Bench of this Court was followed by Single Judge in First Appeal Nos. 832 of 1991 and 153 of 1990 by allowing the appeal and determining the compensation @ Rs. 50,000/- per acre. It is further submitted that the present appellants are also entitled for compensation @ Rs. 50,000/- per acre.
Learned Standing Counsel appearing for State respondents has not disputed the aforesaid facts pointed out by learned counsel for the appellant and it is admitted by him that the aforesaid judgments are also applicable in the present case.
In view of above, following the aforesaid judgment of Division Bench of this Court in the case of Jasvir Singh (supra) and the judgments passed by learned Single Judge in First Appeal Nos. 832 of 1991 and 153 of 1990, the present appeal is also liable to be allowed and the appellants in the present case are also entitled to get compensation for their acquired land under notification dated 14.11.1981 @ Rs. 50,000/- per acre in terms of the case of Jasvir Singh (supra).
With the aforesaid observations, the present appeal is allowed in terms of the judgment of Division Bench of this court in the case of Jasvir Singh (supra).
Substitution application, if any, stands allowed.
Order Date :- 8.7.2022 sailesh