NARENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) A very limited, but pertinent, question of law arises for consideration in these appeals. Land of the appellants was acquired by the Government of Uttar Pradesh vide Notification dated 12th Sept., 1986 issued under Sec. 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). It was followed by the declaration dated 24th Feb., 1988 issued under Sec. 6(1) of the Act. It may be mentioned that vide the aforesaid Notification, large tracts of land were acquired, belonging to various land owners/villagers of Village Makanpur Paragana Loni, Tehsil - Dadri, District Ghaziabad, Uttar Pradesh for planned development of Vaishali. After the acquisition of this land, it was handed over to Ghaziabad Development Authority (for short, 'GDA') for development.

(2.) The award dated 18th Jan., 1990 was passed by the Special Land Acquisition Officer determining the market value of the acquired land at the rate of Rs.50 per square yard. The appellants as well as other villagers were not satisfied with the rates so fixed and, therefore, sought the reference under Sec. 18 of the Act. Matter was referred to the Additional District Judge, Ghaziabad for determination of market value of the acquired land. Reference court, vide its judgment and order dated 19th April, 1999, increased the rate of compensation from Rs.50.00 per sq. yards to Rs.90.00 per square yards. Even this increase in the compensation was not to the satisfaction of the land owners. Various appeals came to be filed. Appeals were also filed by these appellants claiming that the compensation be enhanced to Rs.115/- per square yards. Some of the other land owners whose lands were acquired, however, had claimed higher compensation. The first batch of appeals filed by others was decided by the High Court by judgment dated 13th Nov., 2014. The High Court found merit in those appeals and fixed the compensation at the rate of Rs.297.00 per square yards. When the appeals of the appellants herein came up for hearing before the High Court, the High Court took note of its earlier judgment and accepted the fact that the land of the appellants was acquired by the same Notification vide which land of others was acquired wherein the High Court had awarded the compensation at the rate of Rs.297.00 per square yards. Notwithstanding the same, insofar as the appellants are concerned, the High Court has limited the compensation to Rs.115/- per square yards because of the reasoning that the appellant had demanded compensation at that rate only and had paid the court fees also accordingly. Therefore, opined the High Court, it was difficult to allow compensation at a rate higher than the rate claimed by the appellants.

(3.) In this backdrop, the question that falls for consideration is as to whether the High Court was precluded from granting compensation at the rate of Rs.297.00 per square yards which was the rate of compensation awarded to other farmers of the said village whose lands were acquired under the same Notification and were similarly situated.