Islam Khan and two others v. State of U.P. and others, whereby compensation at the
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 21 of 2018 Agra Development Authority Jaipur House Thru Secy. Islam Khan And 5 Others Versus .....Appellant(s) .....Respondent(s) Counsel for Appellant(s) : Atul Mehra, N/A, Suresh C. Dwivedi, Counsel for Respondent(s) Sr. Advocate : Rahul Agarwal Court No. - 35 HON'BLE SANDEEP JAIN, J. In Re. :- Civil Misc. Delay Condonation Application No. 03 of 2018 along with Civil Misc. Substitution Application No. 04 of 2018 1. Heard learned counsel for the appellant and learned counsel for the respondents. 2. This delay condonation application has been filed for condoning the delay in moving the substitution application for bringing on record the legal heirs of deceased respondent no. 2- Bundan Khan, who has died on 25.07.2018, leaving behind his widow - Saira, two sons- Idreesh & Hasmuddin and two daughters namely, Sayra Bano and Seema, as his heirs. 3. Learned counsel submitted that the substitution application could not be moved within time because the appellant was not aware of the death of the deceased respondent no. 2- Bundan Khan and when the appellant became aware, this substitution application has been filed. 4. An Affidavit has been filed in support of the delay condonation application, which is uncontroverted. 5. The cause shown for filing the substitution application with delay is sufficient. The delay in filing the substitution application is condoned. 6. In view of the above facts, the delay condonation application and the substitution applications are allowed. 2 FAPL No. 21 of 2018 7. Learned counsel for the appellants is directed to amend the memo of appeal during the course of the day accordingly. In Re. :- Civil Misc. (for dismissal of appeal) Application No. 02 of 2018 1. This application has been filed by the respondents for dismissing the appeal on the ground of having been abated on account of death of the respondent no. 2- Bundan Khan on 25.07.2018 and for failure of the appellants for taking steps for the substitution of the LRs. 2. Since the delay condonation application no. 3 of 2018 and the substitution application no. 4 of 2018 filed by the appellant has been allowed today by this Court, in view of this, this application is dismissed as having become infructuous. Order on Appeal :
Legal Reasoning
1. Heard Shri Atul Mehra, learned counsel for the appellant - Agra Development Authority, Agra. None for the respondents. 2. The instant first appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the Agra Development Authority against the Award and Decree dated 02.08.2017 passed by the Court of Additional District Judge, Agra in L.A. Case No. 983 of 2003, Islam Khan and two others v. State of U.P. and others, whereby compensation at the rate of Rs. 405/- per sq. yard along with other consequential benefits admissible under the Land Acquisition Act, 1894 has been awarded to the land owners. 3. Shri Atul Mehra, learned counsel for the appellant submitted that in similar land acquisition matters, against the Award of the lower court, the Development Authority had challenged the order of the Reference Court by filing several first appeals before this Court which was allowed vide order dated 25.07.2019 wherein the matter was remanded back to the Reference Court for deciding the matter afresh in accordance with law in the light of the observations made by this Court. Learned counsel further submitted that the above order of this Court has been challenged by the landowners by filing SLP (Civil) in the Apex Court which is pending for disposal but no stay order has been passed by the Apex Court, as such, the instant appeal be also decided in terms of the above order of this Court. 3 FAPL No. 21 of 2018 4. I have heard the learned counsel for the appellant and perused the record. 5. It is apparent that in the instant appeal, the matter relates to the acquisition of land by the Agra Development Authority for Taj Nagri Housing Scheme Phase-II regarding land of Village Basai Mustaqil (Chungi Andar & Chungi Bahar), Tehsil & District- Agra. The notification under Section 4(1) of the Land Acquisition Act, 1894 was published in the official gazette on 04.04.1989 and the Award of the Collector was made on 05.11.2001 whereby for land falling in Chungi Andar, compensation at the rate of Rs. 49/- per sq. yard and for land pertaining to Chungi Bahar, compensation at the rate of Rs. 39.20/- per sq. yard was awarded. The landowners had challenged the above Award by filing a Reference which has been allowed vide impugned Award and Decree dated 02.08.2017 whereby the compensation has been enhanced to Rs. 405/- per sq. yard besides other benefits admissible under the Land Acquisition Act, to the landowners. 6. It is also apparent that in similarly situated matters, the Development Authority had challenged the Award of the Reference Court in First Appeal No. 733 of 2017 along with 18 other connected first appeals (Agra Development Authority v. Nafisha Begum and others) which was allowed by this Court vide order dated 25.07.2019 whereby the matter was remitted back to the Reference Court for deciding the Reference afresh in accordance with law in the light of the observations made in the judgement. It is also apparent that in the above-referred cases, the Reference Court had awarded compensation at the rate of Rs. 610/- per sq. yard for the acquired land of Chungi Andar and at the rate of Rs. 405/- per sq. yard for the acquired land of Chungi Bahar. In the instant case also, the Reference Court has awarded compensation at the rate of Rs. 405/- per sq. yard.
Decision
7. In view of the above facts and circumstances, since this Court has, in the above-mentioned appeals, remitted the matter to the Reference Court for deciding afresh, as such, it appears appropriate that in this appeal also, the matter be remitted back to the Reference Court for deciding the matter afresh in the light of the observations made by this Court in the earlier order dated 25.07.2019. 8. Accordingly, the instant appeal is allowed. The impugned Decree and Award of the Reference Court dated 02.08.2017 is hereby set aside and the 4 FAPL No. 21 of 2018 matter is remitted back for deciding afresh in the light of the observations made by this Court in above-referred cases vide order dated 25.07.2019. 9. However, in the facts and circumstances of the case, the parties shall bear there own costs. 10. Office is directed to prepare the decree accordingly. September 10, 2025 Rama Kant (Sandeep Jain,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad