HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 1025 of 2001 Court No. - 35 HON'BLE SANDEEP JAIN, J. 1. Heard Shri J.N. Maurya, learned counsel for the appellant - Agra Development Authority. None is present for the respondents. 2. 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 19.03.1999 passed by Shri B.S. Rajput, Presiding Officer, Nagar Mahapalika Tribunal, Agra in L.A. Case No. 11 of 1983, Raghuvir Singh v. State of UP through Collector, Agra and others, whereby compensation at the rate of Rs. 13/- per sq. yard along with damages at the rate of Rs. 10/- per sq. yard has been awarded to the land owners for the acquired land situated in Village Sarje Pur for establishing Transport Nagar and Road Scheme (Yata Yat Nagar and Sarak Yojna) in District- Agra. The land of contesting private respondent no. 3 was situated in between two roads i.e. Old Agra Mathura Road and New Agra Kanpur Mathura By-Pass road, near the vicinity of Billochpura Railway Station. 3. Learned counsel for the appellant submitted that the Reference Court has awarded excessive amount of compensation to the landowners, as such, the Award of the Reference Court be set aside and the amount of compensation awarded to the landowners be reduced. 4. From the perusal of record, it appears that the matter regarding acquisition of land for establishing Transport Nagar and Road Scheme in District- Agra vide notification under Section 4(1) of the Act dated 24.07.1971 has attained finality, since the appeals preferred by the other landowners against the same notification have been rejected and further, the Apex Court has also affirmed Versus Counsel for Appellant(s) : Jagannath Maurya, S.K.Gupta Counsel for Respondent(s) : Ankur Goyal Agra Development Authority Agra .....Appellant(s) State Of U.P. Thru Collector Agra And Others .....Respondent(s) the order passed by this Court in the above appeals. In view of this, the amount of compensation awarded by the Reference Court cannot be reduced any further. 5. I have heard the learned counsel for both the sides and perused the record. 6. It is apparent that in the instant appeal, the matter relates to acquisition of land situated in Village Sarje Pur, District- Agra which was acquired for establishing Transport Nagar and Road Scheme. The land was acquired through notification under Section 4(1) of the Act dated 24.07.1971, the possession of the acquired land was taken on 31.05.1979, the Award of the Collector was made on 23.08.1982, whereby compensation at the rate of Rs. 2/- per sq. yard besides other statutory benefits admissible under the Land Acquisition Act was awarded to the landowners, which has been enhanced to Rs. 13/- per sq. yard by the Reference Court besides other statutory benefits admissible under the Land Acquisition Act, 1894. 7. It is also apparent that regarding similar acquisition and similarly situated land which was also acquired by the similar notification, the other landowners had challenged the Award of the Reference Court by filing First Appeal No. 647 of 1992 (Shree Ram v. The State of UP and others) which was dismissed by the Division Bench of this Court vide order dated 01.12.2010 whereby the Award of the Reference Court has been affirmed. Similarly, the appeals preferred by the Agra Development Authority for reducing the Award of the Reference Court i.e. First Appeal No. 625 of 1992 (The Vice Chairman, Agra Development Authority, Agra v. Shree Ram and others), First Appeal No. 732 of 2001 (Agra Development Authority, Agra v. State of UP and others) and First Appeal No. 738 of 2001 (Agra Development Authority, Agra v. State of UP and others) have also been dismissed by this Court vide orders dated 01.12.2010, 02.08.2016 & 11.05.2012 respectively. 8. It is also apparent that the matter was carried in appeal filed by the Agra Development Authority, Agra by preferring SLP (Civil) No. 7322 of 2011 (Vice Chairman, Agra Development Authority, Agra v. Shri Ram & others), which has also been dismissed by the Apex Court vide order dated 04.04.2011. As such, the matter for grant of compensation FAPL No. 1025 of 2001 2 regarding the acquired land situate in Village Sarje Pur, District- Agra vide notification under Section 4(1) of the Act dated 24.07.1971 has attained finality. 9. It is also apparent that in all the above-mentioned cases decided by this Court and the Apex Court, the compensation awarded by the Reference Court at the rate of Rs. 13/- per sq. yard has been affirmed, as such, in the instant appeal, the compensation awarded by the Reference Court cannot be reduced any further. 10. In view of this, this appeal is meritless and is liable to be dismissed. 11. Accordingly, the instant appeal is meritless and is hereby dismissed. Consequently, the impugned Decree and Award of the Reference Court dated 19.03.1999 passed by Shri B.S. Rajput, Presiding Officer, Nagar Mahapalika Tribunal, Agra is hereby affirmed. 12. However, in the facts and circumstances of the case, the parties shall bear there own costs. 13. Office is directed to prepare the decree accordingly. September 12, 2025 Rama Kant FAPL No. 1025 of 2001 3 (Sandeep Jain,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad