LAWS(ALL)-2024-5-61

GHAZIABAD DEVELOPMENT AUTHORITY Vs. STATE OF U.P.

Decided On May 02, 2024
GHAZIABAD DEVELOPMENT AUTHORITY Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The petitioner has challenged the award of the Collector made under Sec. 28-A of the Land Acquisition Act, 1894, enhancing the compensation amount from Rs.3.47 per sq. yard to Rs.90.00 per sq. yard, apart from other statutory benefits and interest. The enhancement of compensation amount is based on an award dtd. 28/8/1998 rendered by the Court in Reference Nos. 71 of 1987 and 64 of 1988. The sole ground on which the award has been challenged is that the Collector has wrongly awarded interest on the enhanced compensation amount, although he did not have any such power while making award under Sec. 28-A of the Act.

(2.) The said issue stands concluded by the judgment rendered today in Writ - C No. 8626 of 2024 (Ghaziabad Development Authority vs. State of U.P. and 2 Others), wherein the same award given in respect of another claimant, was under challenge. The question has been answered thus: -

(3.) In view of the same, the contention on behalf of the petitioner does not merit acceptance.