The facts leading to the present appeal in a nutshell, are as under: 2.1 That the land in question situated in Village Gheja Tilapatabad, Tehsil and Pargana Dadri, District Ghaziabad (now District Gautam Budh Nagar) was acquired for the planned development by the NOIDA, vide Notification issued under Section 4, dated 22.11.1982.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
That after a period of 16 years from the date of rejection of the review applications in the year 2014/2015, the respondents filed the present first appeal before the High Court and relied upon the judgment in some other first appeals by which the compensation was enhanced to Rs.297/- per sq.yard. Awas Avam Vikas Parishad and Another, (2022) 2 SCC 567 with respect to the land acquisition of 1982, this Hon’ble Court has reduced the amount of compensation to Rs.120/- per sq.yard, the claimants shall not be entitled to compensation at the rate of Rs.297/- per sq.yard, as awarded by the High Court.
Awas Avam Vikas Parishad (supra), did not accept the case on behalf of the claimants for awarding Rs.297/- per sq.yard and determined the compensation for the lands acquired in the year 1982, at Rs.120/- per sq.yard. Following the same, in the present case the amount of compensation has been awarded @ Rs.297/- per sq.yard, which cannot be said to be unreasonable and the High Court has not committed any error.
6-26 27-32 dismissed on 05.05.2015 Review Petition (C) No. 16.02.2016, rendered in Civil Appeal
No 1506- 1517 of 2016 in re: Pradeep Kumar v. Surendra Singh 38-95 96-98 99-124 along with other First Appeals of Noida and allowed the First Appeals filed by the farmers (F.A. 297/-]
This Court in Civil Appeal No 10429- 10430 of 2017, Narendra vs State of UP, reported as 125- 135 (2017) 9 SCC 426 has awarded compensation @
Rs. vide judgment dated 24.11.2017, reported as (2020) 11 SCC 770, increased compensation to Rs. 12547/2017, Ghaziabad Development Authority vs Trilok Chand & Ors was filed against the said dismissal, wherein while issuing notice, vide order dated 28.04.2017, it was especially recorded that the GDA was aggrieved by the non- deduction of 33% as development charges. 1 So far as the submissions made on behalf of the appellant that the High Court has erred in condoning the delay of 16/26 years in preferring the appeal is concerned, in the peculiar facts and circumstances of the case and considering the fact that even while enhancing the amount of compensation and entertaining the appeal, the High Court has denied the interest for the period of delay and has exercised its discretion in favour of the claimants, we see no reason to interfere with the order passed by the High Court condoning the delay in preferring the appeal.
In all those cases, where the amount of compensation has been determined @ Rs.297/- per sq.yard, the acquisition(s) is/are of the years 1986/1988 with respect to the Village Makanpur and other nearby villages acquired for the development of NOIDA/Ghaziabad. (supra) with respect to the village Makanpur and other surrounding villages situated at Village Prahladgarh, Village Jhandapur, Village Sahibabad, Village Arthala with respect to the acquisition of the year 1982, this Court has determined the compensation at Rs.120/- per sq.yard.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
Awas Avam Vikas Parishad (supra) to the present case, the claimants shall not be entitled to the same compensation as awarded with respect to the lands acquired after 5 years from the date of acquisition in the present case.
Case Title: NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. OMVIR SINGH (2022 INSC 1284)
Case Number: C.A. No.-009085-009085 / 2022
