State Of U.P. Thru Secy. And Others v. Counsel for

HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Shiv Prakash Gupta Advocate holding brief of Sri Chandra Pal, learned counsel for respondent no.3.

2. The petitioner by means of the present writ petition, has prayed for the following reliefs :- "Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 to calculate the amount payable to the petitioner @ Rs. 175/- per square yard and to pay the same to the petitioner within a stipulated time as directed by this Hon'ble Court. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities representations dated 14.7.2010, 30.7.2010/6.8.2010, 10.9.2010 (Annexures 10, 11 and 12 of the writ petition respectively) of the petitioner within stipulated period." to decide

3. Learned counsel for the petitioner states that the land of the petitioner was acquired and in this regard a notification under Section 4 (1) of the Land Acquisition Act was published on 14.8.1987. Thereafter notice under Section 6 of the Land Acquisition Act was issued on 12.9.1987 and the possession of the land of the petitioner was taken on 6.7.1991. After possession was taken by the respondent authorities, the Special Land Acquisition Officer calculated the compensation and awarded the same at the rate of Rs.50/- per square yard.

4. It appears that the tenure holders whose land were acquired were not satisfied with the amount of compensation approached the Apex Court and the Apex Court held that the compensation be calculated at the rate of Rs. 175/- per square yard. The petitioner thereafter file an application under Section 28-A of the Land Acquisition Act, 1894 which was allowed by the 2 WRIC No. 18784 of 2012 learned Additional District Magistrate (Land Acquisition Joint Organization, Meerut) by the order dated 4.2.2010. For the payment of compensation to the petitioner at the rate of Rs.175/- per square yard besides the payment of other compensation under the Land Acquisition Act, 1894 namely solatium etc. along with 15 % interest.

5. The grievance of the petitioner is that the compensation has not been calculated correctly inasmuch as the compensation was calculated at the rate of Rs.125/- per square yard whereas it should have been done at the rate of Rs.175/- per square yard in view of order under Section 28A of Land Acquisition Act.

6. In the counter affidavit in paragraph Nos. 21 and 23 filed by the State respondents, it has been categorically averred that the compensation was awarded at the rate of Rs.175 per square yard by the Apex Court. However, the amount which was paid to the petitioner earlier under the award at the rate of Rs.50/- per square yard has been deducted and thereafter it was rightly calculated at the rate of Rs.125/- per square yard and other benefits under the Act, were also calculated and added and thereafter paid to the petitioner. Paragraph Nos. 21 and 23 of the counter affidavit filed on behalf of the State is reproduced herein below :- "21. That the contents of paragraph nos. 40, 41 and 42 of the writ petition as stated are incorrect, misconceived, hence denied. The compensation for the petitioner's land in question has been calculated at the rate of Rs. 175/- per square yard as determined by Hon'ble Apex Court. However, the amount received by the petitioner earlier under the award at the rate of Rs. 50/- per square yard has been deducted and thereafter it was rightly calculated at the rate of Rs. 125/- per square yard and other benefits under the Act, were also calculated and added and thereafter paid to the petitioner. There is no illegality or irregularity in the calculation as well as payment made by answering respondent.

23. That the contents of paragraph no. 44 of the writ petition are not admitted. This chart annexed in the para under reply was prepared by the petitioner on its own and no relevance with the facts of the case. In this regard, chart which reflects the calculation of the amount payable to the petitioner at the rate of Rs. 175/- per square yard fixed by the Hon'ble Apex Court and after deducting the amount received earlier under the award. The copy of correct calculation chart is being filed herewith and marked as Annexure-CA-3 to this counter affidavit."

7. The petitioner filed a reply to the aforesaid averments in the rejoinder affidavit wherein he has not denied the specific averments made by the State respondents in Paragraph Nos. 21 and 23 extracted above. The reply has been given by the petitioner in respect to the aforesaid Paragraph Nos. 21 and 23 of the counter affidavit which are reproduced herein below :-

21. That the contents of para no. 21 of the counter affidavit denied as stated while in this context, contents of para No. 40, 41 & 42 of writ petition are reiterated. While in this context it is stated that the calculation chart was wrongly prepared against the mandate of order dated 04.02.2010. 3 WRIC No. 18784 of 2012

23. That the contents of para no. 23 matter of record need no comment, contents of para No. 44 of writ petition are reiterated.

8. Since it is not in dispute that the petitioner was already paid compensation at the rate of Rs.50/- per square yard under the award of Special Land Acquisition Officer therefore, the enhanced amount of compensation is to be calculated only on the basis of the difference between the enhanced amount of compensation and the compensation paid to the petitioner under the award of Special Land Acquisition Officer.

9. In such view the fact, we find that the authorities has not committed any illegality in calculating the compensation to the petitioner in compliance of the order under Section 28-A of Land Acquisition Act by calculating the compensation at the rate of Rs.125/- per square yard as Rs. 50 per square yard is to be deducted from Rs. 175/- since the compensation on the basis of Rs. 50/- per square yard had already been paid to the petitioner under the award of the Special Land Acquisition Officer.

10. In view of the above, the petition lacks merit and is hereby dismissed. September 9, 2025 Gaurav (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) GAURAV PATEL GAURAV PATEL High Court of Judicature at Allahabad High Court of Judicature at Allahabad

HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Shiv Prakash Gupta Advocate holding brief of Sri Chandra Pal, learned counsel for respondent no.3.

2. The petitioner by means of the present writ petition, has prayed for the following reliefs :- "Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 to calculate the amount payable to the petitioner @ Rs. 175/- per square yard and to pay the same to the petitioner within a stipulated time as directed by this Hon'ble Court. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities representations dated 14.7.2010, 30.7.2010/6.8.2010, 10.9.2010 (Annexures 10, 11 and 12 of the writ petition respectively) of the petitioner within stipulated period." to decide

3. Learned counsel for the petitioner states that the land of the petitioner was acquired and in this regard a notification under Section 4 (1) of the Land Acquisition Act was published on 14.8.1987. Thereafter notice under Section 6 of the Land Acquisition Act was issued on 12.9.1987 and the possession of the land of the petitioner was taken on 6.7.1991. After possession was taken by the respondent authorities, the Special Land Acquisition Officer calculated the compensation and awarded the same at the rate of Rs.50/- per square yard.

4. It appears that the tenure holders whose land were acquired were not satisfied with the amount of compensation approached the Apex Court and the Apex Court held that the compensation be calculated at the rate of Rs. 175/- per square yard. The petitioner thereafter file an application under Section 28-A of the Land Acquisition Act, 1894 which was allowed by the 2 WRIC No. 18784 of 2012 learned Additional District Magistrate (Land Acquisition Joint Organization, Meerut) by the order dated 4.2.2010. For the payment of compensation to the petitioner at the rate of Rs.175/- per square yard besides the payment of other compensation under the Land Acquisition Act, 1894 namely solatium etc. along with 15 % interest.

5. The grievance of the petitioner is that the compensation has not been calculated correctly inasmuch as the compensation was calculated at the rate of Rs.125/- per square yard whereas it should have been done at the rate of Rs.175/- per square yard in view of order under Section 28A of Land Acquisition Act.

6. In the counter affidavit in paragraph Nos. 21 and 23 filed by the State respondents, it has been categorically averred that the compensation was awarded at the rate of Rs.175 per square yard by the Apex Court. However, the amount which was paid to the petitioner earlier under the award at the rate of Rs.50/- per square yard has been deducted and thereafter it was rightly calculated at the rate of Rs.125/- per square yard and other benefits under the Act, were also calculated and added and thereafter paid to the petitioner. Paragraph Nos. 21 and 23 of the counter affidavit filed on behalf of the State is reproduced herein below :- "21. That the contents of paragraph nos. 40, 41 and 42 of the writ petition as stated are incorrect, misconceived, hence denied. The compensation for the petitioner's land in question has been calculated at the rate of Rs. 175/- per square yard as determined by Hon'ble Apex Court. However, the amount received by the petitioner earlier under the award at the rate of Rs. 50/- per square yard has been deducted and thereafter it was rightly calculated at the rate of Rs. 125/- per square yard and other benefits under the Act, were also calculated and added and thereafter paid to the petitioner. There is no illegality or irregularity in the calculation as well as payment made by answering respondent.

23. That the contents of paragraph no. 44 of the writ petition are not admitted. This chart annexed in the para under reply was prepared by the petitioner on its own and no relevance with the facts of the case. In this regard, chart which reflects the calculation of the amount payable to the petitioner at the rate of Rs. 175/- per square yard fixed by the Hon'ble Apex Court and after deducting the amount received earlier under the award. The copy of correct calculation chart is being filed herewith and marked as Annexure-CA-3 to this counter affidavit."

7. The petitioner filed a reply to the aforesaid averments in the rejoinder affidavit wherein he has not denied the specific averments made by the State respondents in Paragraph Nos. 21 and 23 extracted above. The reply has been given by the petitioner in respect to the aforesaid Paragraph Nos. 21 and 23 of the counter affidavit which are reproduced herein below :-

21. That the contents of para no. 21 of the counter affidavit denied as stated while in this context, contents of para No. 40, 41 & 42 of writ petition are reiterated. While in this context it is stated that the calculation chart was wrongly prepared against the mandate of order dated 04.02.2010. 3 WRIC No. 18784 of 2012

23. That the contents of para no. 23 matter of record need no comment, contents of para No. 44 of writ petition are reiterated.

8. Since it is not in dispute that the petitioner was already paid compensation at the rate of Rs.50/- per square yard under the award of Special Land Acquisition Officer therefore, the enhanced amount of compensation is to be calculated only on the basis of the difference between the enhanced amount of compensation and the compensation paid to the petitioner under the award of Special Land Acquisition Officer.

9. In such view the fact, we find that the authorities has not committed any illegality in calculating the compensation to the petitioner in compliance of the order under Section 28-A of Land Acquisition Act by calculating the compensation at the rate of Rs.125/- per square yard as Rs. 50 per square yard is to be deducted from Rs. 175/- since the compensation on the basis of Rs. 50/- per square yard had already been paid to the petitioner under the award of the Special Land Acquisition Officer.

10. In view of the above, the petition lacks merit and is hereby dismissed. September 9, 2025 Gaurav (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) GAURAV PATEL GAURAV PATEL High Court of Judicature at Allahabad High Court of Judicature at Allahabad