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2025 DAILYLAW 11036 (ALL)

MEERUT DEVELOMENT AUTHORITY MEERUT THRU ITS SECRETARRY v. SARDAR RATAN JEET SINGH

FAPLD/82/2006 · 2025-09-23

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 82 of 2006 Court No. - 35 HON'BLE SANDEEP JAIN, J. Shri Ramesh Kumar Singh, learned counsel for the appellant- Meerut Development Authority and Shri Rahul Kumar Tyagi, learned counsel representing the respondent no. 1/2 are present. Shri Rahul Kumar Tyagi, Advocate has filed Vakalatnama on behalf of respondent no. 1/2 today in Court, which is taken on record. According to the Office report, there is a delay of 265 days in filing the instant appeal. Learned counsel for the respondent submits that the instant appeal has been filed by the appellant against the impugned Award and Decree dated 02.04.2005 passed in L.A.R. No. 187/1991 (Charan Jeet Singh v. State of UP and others) by the Additional District Judge, Court No. 17, Meerut, whereby the landowners were awarded compensation at the rate of Rs. 84/- per sq. yard besides other statutory benefits admissible under the Land Acquisition Act, 1894. Learned counsel for the respondent submits that the impugned Award of the Reference Court was also challenged by the landowners by filing First Appeal (Defective) No. 607 of 2005 (Sardar Charan Jeet Singh (deceased) and others v. State of UP and Another) which has been disposed by the Division Bench of this Court vide order dated 31.03.2015 whereby the matter has been remanded back to the Reference Court for deciding it afresh in the light of the observations made by the Division Bench in that Versus Counsel for Appellant(s) : B. Dayal Counsel for Respondent(s) : Meerut Development Authority Meerut Thru Its Secretarry .....Appellant(s) Sardar Ratan Jeet Singh .....Respondent(s) order. Learned counsel submitted that since the impugned Award of the Reference Court has been set aside by this Court vide above order dated 31.03.2015, as such, the instant appeal, which seeks to reduce the compensation awarded by the Reference Court, has become infructuous and it be disposed accordingly. Per contra, learned counsel for the appellant also accepted that since the Award of the Reference Court has been set aside by this Court vide order dated 31.03.2015, as such, the instant appeal has become infructuous. Heard learned counsel for both the sides and perused the record. It is apparent that the instant appeal challenges the Award of the Reference Court dated 02.04.2005 passed in L.A.R. No. 187/1991 (Charan Jeet Singh v. State of UP and others) which has been set aside by the Division Bench of this Court vide order dated 31.03.2015 passed in First Appeal (Defective) No. 607 of 2005 (Sardar Charan Jeet Singh (deceased) and others v. State of UP and Another) which was filed by the landowners for enhancement of compensation awarded by the Reference Court. Since the impugned Award of the Reference Court has already been set aside by the Division Bench of this Court vide order dated 31.03.2015, as such, the instant appeal, which challenges the impugned Award of the Reference Court, has become infructuous. Further, the appeal has been filed with a delay of 265 days. In view of the above facts, the appeal is dismissed as being barred by limitation and also having become infructuous. September 24, 2025 Rama Kant FAPLD No. 82 of 2006 2 (Sandeep Jain,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad