Fida Hussain & Ors vs Moradabad Dev. Authority & Anr

2) In view of the orders we propose to pass in all these appeals, we deem it unnecessary to state the facts giving rise to the present appeals in greater details and a brief reference thereto would suffice to appreciate the controversy.

3) Lands in Village of Harthala:- There are twenty three appeals relating to this village. Under Section 4 read with Section 17 of the Act, Notification dated 20.09.1990 was issued and published by the State Government for the acquisition of the lands of the appellants. Subsequently, a declaration dated 10.06.1991 was published in the Gazette, under Section 6 of the Act. The lands acquired were taken physical possession by the State Government. In accordance with Section 11 of the Act, the Land Acquisition Officer [hereinafter referred to as `the LAO'] assessed the market value of the acquired lands at `80 per sq. meter vide order dated 18.09.1993 as compensation. Dissatisfied with the award of the LAO, the land owners filed objections, inter-alia claiming that the market value of the acquired lands is `1000 per sq. meter, due to the proximity of the lands to the city of Moradabad. After scrutinizing the evidence on record, the Reference Court had come to the conclusion that the market value of the nearby land was `550 per sq. meter, however, 12 taking into consideration the location and potentiality of the lands and also proximity of the lands from the city of Moradabad and other relevant factors, enhanced the compensation awarded to `270 per sq. meter. The State preferred appeals against the enhancement so made by the Reference Court and the High Court has allowed the same in the light of the judgment of the Court in First Appeal No. 247 of 1997 dated 05.03.2004.

4) Lands in village of Mukkarabbpur:- Seven of the present appeals relate to the village of Mukkarabbpur. A Notification for acquisition of the lands under the Act was issued and published on 20.08.1992. In pursuance of the Notification, the State took possession of the said lands on 06.05.1997 by paying 80% of the estimated compensation at the rate of `150 per sq. meter. However, vide order dated 29.08.1997, the LAO fixed the compensation at the rate of `92.59 per sq. meter. Aggrieved by the same, the appellants moved the Reference Court and produced evidence in support of their claim that the prevailing rates of land in that village and its roundabouts were much higher. After giving due consideration to the claim made and the evidence on record, the Reference Court enhanced the 13 compensation to `350 per sq. meter. The respondents preferred appeals to the High Court, and the same came to be allowed, reviving the award passed by the LAO.

(b) in six matters relating to Harthala, the matters were disposed of in the absence of the counsel, who was absent due to his ill health and submission of "illness slip"; and (c) in some of the cases, the 27 applications for substitution was pending before the High Court, and these matters could not be disposed of by allowing the appeal against the dead persons. We are not impressed by these contentions.

29) In light of the above, the appeals are dismissed with the rider as indicated by us at paragraph 28 of the judgment. Costs are made easy.

......J. [ H. L. DATTU ] New Delhi, July 19, 2011.