State of U.P. vs Counsel for Appellant(s)

1. The instant first appeal under Section 54 of the Land Acquisition Act has been filed by the land owners against the impugned judgment and decree dated 02.12.1997 passed by the Court of VIth Additional District & Sessions Judge, Bijnor in Land Acquisition Case No. 103 of 1993 [Ravindra Kumar Vs. State of U.P. through Collector, Bijnor], whereby the reference has been dismissed on the ground of being meritless.

2. Learned counsel for the appellants submitted that in similar matters, the other land owners had filed the First Appeal No. 575 of 2003 [Shiv Ram Singh Vs. State of U.P. and Another] along with three connected first appeals, which were partly allowed by this Court vide order dated

22.05.2019, whereby compensation at the rate of Rs. 30,000/- per acre alongwith other statutory benefits and interest under the Land Acquisition Act was awarded to the land owners.

3. Learned counsel for the appellants further submitted that previously regarding similar acquired land situated in other villages, the reference court itself has awarded compensation at the rate of Rs. 60,000/- per acre, which was challenged by the State by filing First Appeal Defective No. 508 of 1997 [State of U.P. Vs. Sumer] and First Appeal Defective No. 1196 of 2003 [State of U.P. through The Collector, Bijnor Vs. Rajendra Singh & Others], which were dismissed by this Court vide orders dated 29.08.2017 and 09.12.2014, respectively, on the ground of being barred by limitation.

4. Learned counsel for the appellants further submitted that in the above 2 FAPL No. 200 of 1998 appeals, the award of reference court was upheld, which granted compensation at the rate of Rs. 60,000/- per acre to the land owners.

5. Learned counsel for the appellants further submitted that in view of the above orders of this Court, the appellants are entitled to get compensation at the rate of Rs. 60,000/- per acre for their similarly situated land, which was acquired by same notification, as was the case in the above-mentioned appeals.

6. Per contra, learned Standing Counsel accepted that in similar land acquisition matters, concerning similar notification, the land owners have been awarded compensation at the rate of Rs. 30,000/- per acre by this Court, against which no appeal was filed by the State before the Apex Court.

7. I have heard learned counsel for the parties and perused the record.

8. It is apparent that in the instant appeal, matter relates to the acquisition of land situated in village Ganguwala, Pargana Akbarabad, Tehsil Nazibabad, District Bijnor, which was acquired by Notification under Section 4 of the Act dated 09.06.1989. The land was acquired for construction of a minor canal in District Bijnor. The Collector has awarded compensation at the rate of Rs. 7065.68 per acre, against which the land owners filed reference, which has been dismissed by the impugned award and decree dated

02.12.1997.

9. It is also apparent that regarding construction of minor irrigation canal, land situated in village Shahjahanpur, Allapurnaine, Kheda, Mubarak Rathe, Manoharwala, Sikandarpur Basi and Ganguwala were acquired through same Notification dated 09.06.1989. The Collector awarded different amount of compensation for land, situated in different villages, on the basis of its quality and location. For land situated in village Manoharwala and Sikandarpur Basi, the reference court awarded compensation at the rate of Rs. 60,000/- per acre, which was challenged by the State by filing First Appeal Defective No. 508 of 1997 [State of U.P Vs. Sumer] and First Appeal Defective No. 1196 of 2003 [State of U.P. Through The Collector, Bijnor Vs. Rajendra Singh & Others], which were dismissed on 29.08.2017 & 09.12.2014, respectively, on the ground of being barred by limitation. 3 FAPL No. 200 of 1998

10. It is also apparent that in land acquisition matters relating to village Manoharwala, Sikandarpur Basi and Begampur, the land owners challenged the award of the reference court by filing First Appeal No. 575 of 2023 [Shiv Ram Singh Vs. State of U.P. and Another], First Appeal No.577 of 2003, Kamalvir Singh and another vs. State of U.P. and another, First Appeal No.588 of 2003, Chandra Bhan Singh and another vs. State of U.P. and another and First Appeal No.590 of 2003, Sukkhey and others vs. State of U.P. and another, which were partly allowed by this Court vide order dated

22.05.2019, wherein compensation at the rate of Rs. 30,000/- per acre alongwith other statutory benefits admissible under the Land Acquisition Act were awarded to the land owners.

11. It is also apparent that order of this Court dated 22.05.2019 has not been challenged by the State by filing any appeal before the Apex Court, as such, the order has attained finality.

12. Since, in the instant appeal the land of village Ganguwala has been acquired through similar Notification dated 09.06.1989, regarding which this Court has awarded compensation at the rate of Rs. 30,000/- per acre vide order dated 22.05.2019 passed in First Appeal No. 575 of 2003 [Shiv Ram Singh Vs. State of U.P. and Another] and three other connected appeals, as such, in the instant appeal, the appellant is also entitled to get the same compensation, as has been awarded by this Court, previously in the above- mentioned Appeals.

13. Accordingly, this appeal is allowed. The appellants are entitled to get enhanced compensation at the rate of Rs. 30,000/- per acre for their acquired land, alongwith other statutory benefits admissible to them under the Land Acquisition Act, 1894.

14. However, in the facts and circumstances of the case, there shall be no order as to costs.

15. Office is directed to prepare the decree accordingly. September 22, 2025 Vibha Singh (Sandeep Jain,J.) VIBHA SINGH VIBHA SINGH High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. The instant first appeal under Section 54 of the Land Acquisition Act has been filed by the land owners against the impugned judgment and decree dated 02.12.1997 passed by the Court of VIth Additional District & Sessions Judge, Bijnor in Land Acquisition Case No. 103 of 1993 [Ravindra Kumar Vs. State of U.P. through Collector, Bijnor], whereby the reference has been dismissed on the ground of being meritless.

2. Learned counsel for the appellants submitted that in similar matters, the other land owners had filed the First Appeal No. 575 of 2003 [Shiv Ram Singh Vs. State of U.P. and Another] along with three connected first appeals, which were partly allowed by this Court vide order dated

22.05.2019, whereby compensation at the rate of Rs. 30,000/- per acre alongwith other statutory benefits and interest under the Land Acquisition Act was awarded to the land owners.

3. Learned counsel for the appellants further submitted that previously regarding similar acquired land situated in other villages, the reference court itself has awarded compensation at the rate of Rs. 60,000/- per acre, which was challenged by the State by filing First Appeal Defective No. 508 of 1997 [State of U.P. Vs. Sumer] and First Appeal Defective No. 1196 of 2003 [State of U.P. through The Collector, Bijnor Vs. Rajendra Singh & Others], which were dismissed by this Court vide orders dated 29.08.2017 and 09.12.2014, respectively, on the ground of being barred by limitation.

4. Learned counsel for the appellants further submitted that in the above 2 FAPL No. 200 of 1998 appeals, the award of reference court was upheld, which granted compensation at the rate of Rs. 60,000/- per acre to the land owners.

5. Learned counsel for the appellants further submitted that in view of the above orders of this Court, the appellants are entitled to get compensation at the rate of Rs. 60,000/- per acre for their similarly situated land, which was acquired by same notification, as was the case in the above-mentioned appeals.

6. Per contra, learned Standing Counsel accepted that in similar land acquisition matters, concerning similar notification, the land owners have been awarded compensation at the rate of Rs. 30,000/- per acre by this Court, against which no appeal was filed by the State before the Apex Court.

7. I have heard learned counsel for the parties and perused the record.

8. It is apparent that in the instant appeal, matter relates to the acquisition of land situated in village Ganguwala, Pargana Akbarabad, Tehsil Nazibabad, District Bijnor, which was acquired by Notification under Section 4 of the Act dated 09.06.1989. The land was acquired for construction of a minor canal in District Bijnor. The Collector has awarded compensation at the rate of Rs. 7065.68 per acre, against which the land owners filed reference, which has been dismissed by the impugned award and decree dated

02.12.1997.

9. It is also apparent that regarding construction of minor irrigation canal, land situated in village Shahjahanpur, Allapurnaine, Kheda, Mubarak Rathe, Manoharwala, Sikandarpur Basi and Ganguwala were acquired through same Notification dated 09.06.1989. The Collector awarded different amount of compensation for land, situated in different villages, on the basis of its quality and location. For land situated in village Manoharwala and Sikandarpur Basi, the reference court awarded compensation at the rate of Rs. 60,000/- per acre, which was challenged by the State by filing First Appeal Defective No. 508 of 1997 [State of U.P Vs. Sumer] and First Appeal Defective No. 1196 of 2003 [State of U.P. Through The Collector, Bijnor Vs. Rajendra Singh & Others], which were dismissed on 29.08.2017 & 09.12.2014, respectively, on the ground of being barred by limitation. 3 FAPL No. 200 of 1998

10. It is also apparent that in land acquisition matters relating to village Manoharwala, Sikandarpur Basi and Begampur, the land owners challenged the award of the reference court by filing First Appeal No. 575 of 2023 [Shiv Ram Singh Vs. State of U.P. and Another], First Appeal No.577 of 2003, Kamalvir Singh and another vs. State of U.P. and another, First Appeal No.588 of 2003, Chandra Bhan Singh and another vs. State of U.P. and another and First Appeal No.590 of 2003, Sukkhey and others vs. State of U.P. and another, which were partly allowed by this Court vide order dated

22.05.2019, wherein compensation at the rate of Rs. 30,000/- per acre alongwith other statutory benefits admissible under the Land Acquisition Act were awarded to the land owners.

11. It is also apparent that order of this Court dated 22.05.2019 has not been challenged by the State by filing any appeal before the Apex Court, as such, the order has attained finality.

12. Since, in the instant appeal the land of village Ganguwala has been acquired through similar Notification dated 09.06.1989, regarding which this Court has awarded compensation at the rate of Rs. 30,000/- per acre vide order dated 22.05.2019 passed in First Appeal No. 575 of 2003 [Shiv Ram Singh Vs. State of U.P. and Another] and three other connected appeals, as such, in the instant appeal, the appellant is also entitled to get the same compensation, as has been awarded by this Court, previously in the above- mentioned Appeals.

13. Accordingly, this appeal is allowed. The appellants are entitled to get enhanced compensation at the rate of Rs. 30,000/- per acre for their acquired land, alongwith other statutory benefits admissible to them under the Land Acquisition Act, 1894.

14. However, in the facts and circumstances of the case, there shall be no order as to costs.

15. Office is directed to prepare the decree accordingly. September 22, 2025 Vibha Singh (Sandeep Jain,J.) VIBHA SINGH VIBHA SINGH High Court of Judicature at Allahabad High Court of Judicature at Allahabad