HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 158 of 2018 Court No. - 35 HON'BLE SANDEEP JAIN, J. In Re. :- Civil Misc. Cross Objection No. 03 of 2018 1. Learned counsel for the appellants and learned counsel for the respondent- Agra Development Authority are present. 2. According to the Office report, there is deficiency of Rs. 4,85,315/- in the court fees paid by the cross-objectors which has not been made good by them till date. 3. In view of this, the cross objection is dismissed for want of sufficient court fees. Order on Appeal :- 1. Heard Shri Atul Mehra, learned counsel for the appellant - Agra Development Authority and Shri Ashok Kumar Tripathi, learned counsel for the claimants-respondents. 2. This appeal is admitted. 3. 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 27.10.2017 passed by the Court of Additional District Judge/ PO, Nagar Mahapalika Tribunal, Agra in L.A. Case No. 109 of 2008, Shri Vinod Kumar Dubey and another v. State of U.P. and others, whereby compensation at the rate of Rs. 610/- & 405/- per sq. yard along with other Versus Counsel for Appellant(s) : Atul Mehra, Suresh C. Dwivedi, Sr. Advocate Counsel for Respondent(s) : Ashok Kumar Tripathi Agra Development Authority .....Appellant(s) Shri Vinod Kumar Dubey And 4 Others .....Respondent(s) consequential benefits admissible under the Land Acquisition Act, 1894 has been awarded to the land owners. 4. 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. 5. Per contra, Shri Ashok Kumar Tripathi, learned counsel for the claimants- respondents has accepted that the matter is pending before the Apex Court but learned counsel submitted that the appeal may not be disposed of till the matter is finally decided by the Apex Court. 6. I have heard the learned counsel for both the sides and perused the record. 7. 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 27.10.2017 whereby the compensation has been enhanced to Rs. 610/- & 405/- per sq. yard besides other benefits admissible under the Land Acquisition Act, to the landowners. 8. It is also apparent that in similarly situated matters, the Development Authority had challenged the Award of the Reference Court in First Appeal FAPL No. 158 of 2018 2 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. 610/- & 405/- per sq. yard. 9. 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. 10. Accordingly, the instant appeal is allowed. The impugned Decree and Award of the Reference Court dated 27.10.2017 passed by Additional District Judge/ PO, Nagar Mahapalika Tribunal, Agra is hereby set aside and the 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. 11. However, in the facts and circumstances of the case, the parties shall bear there own costs. 12. Office is directed to prepare the decree accordingly. September 10, 2025 Rama Kant FAPL No. 158 of 2018 3 (Sandeep Jain,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad