AJAI PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 15.12.2016 passed by the High Court of judicature at Allahabad in First Appeal Nos. 195 of 1983 and 487 of 1984 by which the High Court has dismissed the said appeals and has confirmed the judgment and the order passed by the Reference Court awarding the compensation of the lands acquired @ Rs.4.628 per square yard, original landowners have preferred the present appeals being Civil Appeal Nos. 5738-5739 of 2021. The appellants have also challenged the common order dated 02.11.2016 in Civil Misc. Application No.167571 of 2016 in First Appeal No. 487 of 1984 by which the High Court has dismissed the application for bringing on record certain additional documents filed under Order XLI Rule 27 of the Civil Procedure Code.

(2.) Civil Appeal No. 5740 of 2021 has arisen out of the impugned judgment and order passed by the High Court by which the High Court has dismissed the First Appeal No. 203 of 1983 and has confirmed the judgment and order passed by the learned Reference Court awarding the compensation for the lands acquired @ Rs.6/- per square yard.

(3.) A notification under Section 4 of the Land Acquisition Act (hereinafter referred to as "Act ") was issued on 30.04.1976 proposing to acquire 589 bigha, 6 biswa and 14 biswansi land. The land was to be acquired for New Okhla Industrial Development Authority (hereinafter referred to as "NOIDA ") constituted under the provisions of U.P. Industrial Development Act, 1976 for the purpose of planned development of industries in the area within the jurisdiction of NOIDA. Declaration under Section 6 was published on 01.05.1976. Possession of land was taken by the Collector on 31.07.1977. The Special Land Acquisition Officer declared the award for compensation on 28.03.1977 offering compensation @ Rs.10,200/- per bigha, i.e., Rs.2.38 per square yard. At the instance of the landowners, a Reference was made to the Reference Court under Section 18 of the Land Acquisition Act to enhance the amount of compensation. Before the Reference Court, landowners claimed compensation at the rate of Rs.10/- per square yard. However, after considering the material on record, the Reference Court enhanced the compensation to Rs.14,000/- per bigha (Rs.4.628 per square yard).