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2025 DAILYLAW 9471 (ALL)

U.P. AWAS EVAM VIKAS PARISHAD LUCKNOW v. SRI SHYAMA SHANKER AND OTHERS

FAPLD/266/2006 · 2025-05-22

Shekhar Kumar Yadav

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87703 Court No. - 36 Case :- FIRST APPEAL DEFECTIVE No. - 266 of 2006 Appellant :- U.P. Awas Evam Vikas Parishad Lucknow Respondent :- Sri Shyama Shanker And Others Counsel for Appellant :- Ajit Singh Rana,Vivek Saran Hon'ble Shekhar Kumar Yadav,J. (Re: Civil Misc. Delay Condonation Application No.NIL of 1999) 1. The present application has been filed to condon the delay in filing the first appeal. 2. Learned counsel for the respondents has no objection to the same. 3. Cause shown is sufficient. 4. The delay condonation application is allowed. 5. Delay in filing the appeal is hereby condoned. (Order on Appeal) 1. Heard learned Standing Counsel and Mr. S.S. Pandey, Advocate holding brief of Mr. Vivek Saran, learned counsel for the respondents. 2. By a policy decision dated 13.10.2016, the State Government amended its State Litigation Policy by inserting paragraph 4(ff), whereby it has been provided that first appeals in land acquisition matters involving a valuation below Rs. 2,00,000/- shall not be filed, and that the first appeals already filed below the aforesaid monetary limit shall be withdrawn. 3. Learned Standing Counsel submits that the valuation of the present appeal is less than Rs. 2,00,000/-. 4. A detailed order dated 17.10.2016 in First Appeal No. 29 of 2014, Agra Development Authority vs. Munna Lal (Deceased) and others, has been passed, wherein the affidavit filed on behalf of the State Government and the Government Order dated 13.10.2016 have been quoted, and in view thereof, the appeal was dismissed on the ground of smallness of valuation of the appeal. 5. In view of the above, this appeal is also dismissed on the same ground. 6. However, it is clarified that the dismissal of this appeal shall not preclude the State Government from contesting any appeal of higher valuation, as permitted under the policy decision dated 13.10.2016. Liberty is also granted to the State Government to file a recall application seeking recall of this dismissal order, in the event any technical objection is raised by other claimants regarding the dismissal of any appeal of higher valuation filed by the State Government arising out of the same acquisition. Order Date :- 23.5.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad