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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 2 of 2003 Court No. - 35 HON'BLE SANDEEP JAIN, J.
1. Heard Shri Ramesh Kumar Singh, learned counsel for the appellant - Meerut Development Authority. None for the respondents. 2. The instant first appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the Meerut Development Authority against the Award and Decree dated 26.09.2002 passed by the Court of District Judge, Meerut in L.A.R. No. 205 of 1988, Saru Engeering Corporation Ltd. Meerut v. Special Land Acquisition Officer (Joint Organisation), Meerut and others, whereby for the acquired land situated in Village Dantal, District- Meerut, compensation at the rate of Rs. 85/- per sq. yard besides other statutory benefits admissible under the Land Acquisition Act, 1894 has been awarded to the landowners. 3. Learned counsel for the appellant submitted that for the similarly situated acquired land, the Apex Court in the case of Meharban and others vs. State of U.P. and others, reported in AIR 1997 SC 2664 has awarded compensation at the rate of Rs. 85/- per sq. yard, which is same as has been awarded by the Reference Court. As such, the appeal be disposed of in the light of the above-referred judgement of the Apex Court. 4. I have heard the learned counsel for the appellant- Meerut Development Authority and perused the record. 5. It is apparent that in this case, the landowners acquired land is situated in Village Dantal, District- Meerut, which was acquired for the benefit of the Meerut Development Authority vide notification under Section 4(1) of the Versus Counsel for Appellant(s) : B. Dayal, Ramesh Kumar Singh Counsel for Respondent(s) : Madan Mohan M.D.A. .....Appellant(s) Saru Engineering Corporation Ltd. And Others .....Respondent(s)
Act dated 19.07.1985, the possession of the land was taken on 16.08.1985, regarding which the Award of the Collector was made on 27.04.1987. The order of Collector was challenged by the landowners by filing Reference which has been allowed by the impugned Award and Decree dated 26.09.2002 whereby, compensation at the rate of Rs. 85/- per sq. yard, besides other statutory benefits admissible under the Land Acquisition Act, 1894 has been awarded to the landowners. 6. It is apparent that the Apex Court in the case of Meharban and others (supra) has awarded compensation at the rate of Rs. 85/- per sq.
yard for similarly situated and acquired land of other landowners situated in Village- Dantal, District- Meerut. 7. Since the Reference Court has awarded compensation for the acquired land at the rate of Rs. 85/- per sq. yard which is similar to the compensation awarded by the Apex Court in the case of Meharban and others (supra), as such, the instant appeal which seeks reduction of the amount of compensation awarded by the Reference Court, is not maintainable. 8. In view of the above pronouncement of the Apex Court, the compensation awarded by the Reference Court at the rate of Rs. 85/- per sq. yard cannot be reduced any further. 9. Accordingly, the instant appeal is meritless and is hereby dismissed. The impugned Decree and Award of the lower court dated 26.09.2002 passed by the Court of District Judge, Meerut is hereby affirmed. 10. However, in the facts and circumstances of the case, the parties shall bear their own costs. 11. Office is directed to prepare the decree accordingly. 12. Interim order, if any, stands vacated. September 23, 2025 Rama Kant FAPL No. 2 of 2003 2 (Sandeep Jain,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad