HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 100 of 1997 Court No. - 35 HON'BLE SANDEEP JAIN, J. 1. Shri N.C. Tripathi, learned counsel for the appellant, U.P. Avas Evam Vikas Parishad and Shri L.M. Singh, learned counsel for the respondent are present. 2. The instant first appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the appellant, U.P. Avas Evam Vikas Parishad against the impugned award and decree dated 21.03.1991 passed by Sri O.P. Bansal, VIIIth Additional District Judge, Kanpur Nagar, in L.A.R. No. 204/70 of 1987, Shri Bidhi Chandra and other vs. State of U.P., whereby compensation at the rate of Rs. 45/- per sq. yard, besides other statutory benefits admissible under the Land Acquisition Act, 1894, has been awarded to the land owners. 3. Learned counsel for the appellant submitted that in similar land acquisition matters, the award of the Reference Court was challenged by the appellant by filing First Appeal No.579 of 1984, State of U.P. and others vs. Raj Kumari Agrawal, which was allowed by the Division Bench of this Court, vide order dated 11.03.2008, wherein the award of the Reference Court was quashed, as such, the award of the Reference Court is unsustainable and is liable to be set aside. 4. Per-contra, learned counsel for the respondent, land owner submitted that in similar matters in Reference No.125/70 of 1994, Banshidhar (Deceased) through LRs and others vs. State of U.P. and another, compensation at the rate of Rs.45/- per sq. yard was awarded for similarly situated and acquired land by the Reference Court vide award dated 15.01.2001, which was challenged by the appellant by filing First Appeal No.726 of 2001, U.P. Avas Evam Vikas Parishad vs. Rajesh Kumar and others, which was dismissed by the Division Bench of this Court vide order dated 16.12.2010. 5. Learned counsel further submitted that the matter was taken in appeal Versus Counsel for Appellant(s) : N.C. Tripathi, P.K.Singhal Counsel for Respondent(s) : L.M. Singh, Ravi Kiran Jain U.P.Awas Evam Vikas Parishad .....Appellant(s) Om Prakash And Others .....Respondent(s) before the Apex Court by filing Special Leave to Appeal (Civil) No.8010 of 2011, U.P. Avas Evam Vikas Parishad vs. Rajesh Kumar and others, which was also dismissed by the Apex Court on 04.04.2011, as such, the matter regarding award of compensation for similarly acquired land has attained finality and the compensation awarded by the Reference Court cannot be reduced below Rs.45/- per sq. yard. 6. I have heard the learned counsel for the parties and perused the record. 7. It is apparent that in the instant case the land has been acquired for the benefit of U.P. Avas Evam Vikas Parishad, which was situated near Panki Industrial Area, District Kanpur Nagar vide notification under Section 28 of the U.P. Avas Evam Vikas Parishad Act dated 08.03.1980, regarding which the award of the Collector was made on 23.09.1986, whereby compensation at the rate of Rs.2,40,000/- per bigha was awarded to the land owners, which has been enhanced by the Reference Court vide impugned award and decree dated 21.03.1991 to Rs.45/- per sq. yard. 8. It is also apparent that regarding similarly situated land, which was also acquired through similar notification, compensation at the rate of Rs.45/- per sq. yard was awarded to the other land owners, which was challenged by the appellant by filing First Appeal No.726 of 2001, U.P. Avas Evam Vikas Parishad vs. Rajesh Kumar and others, which was dismissed by Division Bench of this Court vide order dated 16.12.2010 and which was also affirmed by the Apex Court vide order dated 04.04.2011 passed in Special Leave to Appeal (Civil) No.8010 of 2011, U.P. Avas Evam Vikas Parishad vs. Rajesh Kumar and others. 9. In view of the above, it is apparent that the award of the Reference Court, whereby compensation at the rate of Rs.45/- per sq. yard was awarded to other land owners in a similar case, has been affirmed by the Apex Court as well as by a Division Bench of this Court. 10. Since the subsequent Division Bench of this Court, by order dated 16.12.2010, has upheld the compensation at the rate of Rs.45/- per sq. yard, the amount of compensation granted @ 45/- per sq. yard by the Reference Court in the present case, cannot be reduced any further. 11. Accordingly, this appeal is devoid of merit and is dismissed. 12. The impugned award and decree of the Reference Court dated 21.03.1991, is affirmed. 13. However, in the facts and circumstances of the case, there shall be no order as to costs. FAPL No. 100 of 1997 2 14. Office is directed to prepare the decree accordingly. 15. Interim order, if any, stands vacated. September 25, 2025 Mayank FAPL No. 100 of 1997 3 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad