NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. HARNAND SINGH

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) These appeals and applications have been preferred by the New Okhla Industrial Development Authority (hereinafter, NOIDA) and landowners owning land in Village Chhalera Bangar, Tehsil Dadri, District Ghaziabad, contesting various identical impugned orders, including the judgment dtd. 8/2/2021 and in the review order dtd. 22/7/2021 passed in the lead case by the High Court of Judicature at Allahabad (hereinafter, High Court), enhancing the compensation granted to the landowners for an acquisition initiated under the Land Acquisition Act, 1894 (hereinafter, 1894 Act). In the appeals preferred by NOIDA, the High Court has enhanced the rate of compensation from the range of INR 222 and 233 per sq. yd. as granted by the Additional District Judge, Ghaziabad (hereinafter, Reference Court), to INR 449 per sq. yd. Whereas, in the appeals and applications filed by the landowners, it was enhanced to INR 340 per sq. yd.

(3.) The present controversy has a chequered history. The acquisition process was initiated by State of U.P./NOIDA on 5/1/1991 through a notification issued under Sec. 4(1) of the 1894 Act, for the acquisition of approximately 492 acres of land in Village Chhalera Bangar, intended for planned Industrial Development. Afterwards, on 7/1/1992, the government issued a declaration under Sec. 6 read in conjunction with the urgency clause contained in Sec. 17 of the 1894 Act. Possession of the land was taken on 30/3/1992, 7/8/1995 and 18/11/1995.