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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 137 of 2020 Court No. - 35 HON'BLE SANDEEP JAIN, J.
1. Heard Shri Aditya Bhushan Singhal, learned counsel for the appellant. 2. According to the office report, there is a delay of 215 days in filing the instant appeal and there is also a deficiency of Rs. 248067.50/-+Rs.58/- for the court fees to be paid by the appellant. 3. Learned counsel for the appellant submits that the matter has attained finality since the Apex Court vide order dated 08.12.2022 passed in SLP (C) No. 12240/2020 (Noida vs. Charankaur) and other connected matters has upheld the compensation awarded for the acquired land at the rate of Rs. 297/- per square yard. 4. Learned counsel for the appellant has submitted that since the instant appeal has been filed for reducing the compensation awarded by the reference court at the rate of Rs. 297/- per square yard, as such in view of the above order of the Apex Court, the appeal has become infructuous. 5. I have heard the learned counsel for the appellant and perused the record. 6. It is apparent that the instant appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the Noida, aggrieved against the award and decree dated 09.08.2019 passed by the learned Additional District Judge, Court No. 6, Ghaziabad in L.A.R. No. 10 of 1992 (Atma Steel Pvt. Ltd (new name Atma Steel Ltd.) vs. State of U.P. and another) whereby for the land acquired situated in Village Makanpur, Pargana Loni, Tehsil Sadar Versus Counsel for Appellant(s) : Aditya Bhushan Singhal Counsel for Respondent(s) : Madan Mohan Chaurasisa, Vinayak Mithal New Okhla Industrial Development Authority .....Appellant(s) Atma Steel Pvt. Ltd. And Another .....Respondent(s)
and District Ghaziabad vide notification under Section 4 (1) of the Act dated 15.03.1988, compensation at the rate of Rs. 297/- per square yard has been awarded to the land owners, besides other statutory benefits admissible under the Land Acquisition Act, 1894. 7. From the perusal of the order dated 08.12.2022 of the Apex Court passed in SLP (C) No. 12240 of 2020 (Noida vs. Charankaur) connected with other SLP (C) petitions, it is evident that the Apex Court has upheld the amount of compensation of Rs. 297/- per square yard to the land owners. The compensation awarded by the reference court cannot be reduced any further.
Accordingly, the instant appeal is meritless. 8. In view of above facts and circumstances, the instant appeal is dismissed. September 8, 2025 Jaswant FAPLD No. 137 of 2020 2 (Sandeep Jain,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad