Allahabad High Court
Chatarpal And Others vs State Of U.P. And Another on 25 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:173498
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 123 of 2006
Chatarpal And Others
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s)
:
S.G. Hasnain, A.K.Agnihotri, Madan Mohan, Sarita Gupta
Counsel for Respondent(s)
:
Piyush Bhargava
Court No. - 35
HON'BLE SANDEEP JAIN, J.
1. The case was taken up on a mention made by learned counsel for the respondent no.2, N.T.P.C. None is present for the learned counsel for the appellants.
2. The instant appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the land owners challenging the award and decree dated 10.09.2003 passed by Smt. Sadhana Chaudhary, Additional District Judge, Court No.1, Ghaziabad, in L.A.R. No.499 of 1991, Chhatarpal and another vs. State of U.P. and others, whereby compensation at the rate of Rs. 52/- per sq. yard has been awarded to the land owners for the acquired land situated in Village Nanu and Mandola, Paragana-Loni, Tehsil and District Ghaziabad, which was acquired through a notification issued under Section 4(1) of the Act dated 26.03.1988 for the benefit of respondent, N.T.P.C. Limited.
3. Learned counsel for the respondent, N.T.P.C., submitted that the matter regarding compensation for the acquired land situated in Village Nanu and Mandola, Paragana-Loni, Tehsil and District Ghaziabad, acquired through the notification under Section 4(1) of the Act dated 26.03.1988, has attained finality, since the Division Bench of this Court, in the case of Bhagwat Swaroop and others vs. State of U.P. and others, vide order dated 12.08.2008, reported in 2008 (10) ADJ 369, awarded compensation at the rate of Rs.65/- per sq. yard to other landowners in respect of similarly acquired land.
4. Learned counsel further submitted that subsequently, this Court has also in First Appeal (Defective) No.1109 of 2003, Raghuveer and others vs. State of U.P. through Collector and another, alongwith 20 other connected first appeals decided on 12.05.2016, wherein some appeals were preferred by the Power Grid Corporation of India Limited, this Court has followed the above order of the Division Bench of this Court dated 12.08.2008, wherein compensation at the rate of Rs.65/- per sq. yard was awarded to the land owners.
5. Learned counsel submitted that in view of the above orders of this Court, this appeal be also disposed of.
6. I have heard the learned counsel for the respondent no.2, N.T.P.C. and perused the record.
7. It is apparent that in this appeal, the matter is related to compensation of land acquired in Village Nanu and Mandola for N.T.P.C. Limited, which was acquired vide notification under Section 4(1) of the Act dated 26.03.1988, the declaration under Section 6 of the Act was made on 13.06.1988 and the award of the Collector was made on 09.08.1990, whereby compensation at the rate of Rs.20/- sq. yard, besides other statutory benefits admissible under the Land Acquisition Act, 1894 was awarded to the land owners, which was further enhanced to Rs.52/- per sq. yard by the impugned award and decree dated 10.09.2003.
8. It is apparent that in similar matters regarding similarly acquired land, which was also acquired through similar notification, the Division Bench of this Court in the case of Bhagwat Swaroop (supra) has awarded compensation at the rate of Rs.65/- per sq. yard, which has been subsequently followed by this Court in First Appeal (Defective) No.1109 of 2003, Raghuveer and others vs. State of U.P. through Collector and another, alongwith 20 other connected first appeals, wherein by order dated 12.05.2016, compensation at the rate of Rs.65/- per sq. yard has been awarded to the land owners.
9. In view of the above orders of this Court, since similar land of the land owners has been acquired, as such, the land owners in this appeal are also entitled to get enhanced compensation at the rate of Rs.65/- per sq. yard.
10. Accordingly, this appeal is, hereby allowed. The appellants are entitled to get enhanced compensation at the rate of Rs.65/- per square yard for the acquired land situated in Village Nanu and Mandola, District Ghaziabad, besides other statutory benefits admissible under the Land Acquisition Act, 1894.
11. This appeal was filed on 10.12.2003 but the deficiency of the court fees was made good on 07.01.2005, as such, the appellants are not entitled to get interest on the enhanced amount of compensation awarded by this Court for the period 10.12.2003 to 07.01.2005.
12. However, in the facts and circumstances of the case, there shall be no order as to costs.
13. Office is directed to prepare the decree accordingly.
(Sandeep Jain,J.) September 25, 2025 Mayank