New Okhla Industrial Development Authority v. Omvir Singh & Ors.

M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.01.2020, passed by the High Court of Judicature at Allahabad in First Appeal Defective No.308 of 2015, by which the High Court has rejected the said appeal after a period of approxima tely 16 years (as per the appellant, there was a delay of 26 years) by which the High Court has enhanced the compensation payable to the land owners to Rs.297/- per sq.yard, NOIDA has preferred the present a ppeal. 2. 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. A declaration under the provisions of Section 6 of the Land Acquisition Act, 1894 was issued on 23.11.1982. The possession of the acquired land was taken over by the State on 22.02.1983. The Land Acquisition Officer/Collector declared the Award dated 05.09.1983 and awarded/determined the compensation at Rs.30,000/- per bigha, relying upon the sale deed dated 02.11.1982 of 733 certain parcels of land in the village itself. The father of the contesting respondents accepted the compensation. At the instance of the original owners – father of the contesting respondents, a Reference under Section 18 of the Land Acquisition Act, 1894 raising objections against the Award was made. The original claimants claimed compensation @ Rs.60,000/- per bigha. On contest, by a detailed judgment and order dated 04.05.1989, the Reference Court dismissed the said Reference along w ith other references. Review applications were filed which came to be dismissed in the year 1998. 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 reli ed upon the judgment in some other first appeals by which the compensa tion was enhanced to Rs.297/- per sq.yard. By the impugned judgment and order, the High Court has condoned the delay of 16 years, however it has denied the interest during the period of delay, and has enhanced the amount of compensation to Rs.297/- per yard. Hence, the present appeal at the instance of the NOIDA. 3. Learned Counsel appearing on behalf of the NOIDA h as vehemently submitted that the High Court has materiall y erred in entertaining the appeal after a period of 16 years from the date of dismissal of the review application and after a period of 26 years from the date of the decision by the Reference Court. 3.1 It is submitted that even otherwise, on merits also in view of the subsequent decision of this Court in the case of Asha Ram (Dead) through LRs and Others vs. U.P. 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 Hig h Court. 3.2 It is submitted that as such, in the subsequent decision in the case of U.P. Awas Avam Vikas Parishad (supra), this Court did consider its earlier decision in the case of Narendra and Others vs. State of Uttar Pradesh and Others, (2017) 9 SCC 426, by which this Court for the acquisition with respect to the nearby villages of the year 1988, has allowed compensation @ Rs.297/- per sq.yard. However, it is submitted that considering the development which took place between the year 1982-1986/1988 this Court in the case of U.P. Awas Avam Vikas Parishad (supra), did not accept the case on behalf of the NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY v. OMVIR SINGH & ORS. [M. R. SHAH, J.] claimants for awarding Rs.297/-per sq.yard and dete rmined the compensation for the lands acquired in the year 1982, at Rs.120 /- per sq.yard. 4. While opposing the present appeal, learned counsel appearing on behalf of the original claimants has vehemently submitted that in the facts and circumstances of the case, the High Court has not committed any error in condoning the delay of 16/26 years by observing tha t the claimants are entitled tojust compensation. 4.1 It is submitted that considering the case of the other land owners decided vide judgment and order passed in the year 2014 with respect to similar acquisition with respect to the nearby v illages, the amount of compensation had been enhanced to Rs.297/- 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 sa id to be unreasonable and the High Court has not committed any error. 4.2 Learned counsel appearing on behalf of the original claimants has heavily relied upon the following decisions of the High Co urt, confirmed by this Court by which the compensation has been determined at Rs.297/- per sq.yard. INDEX 735NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY v. OMVIR SINGH & ORS. [M. R. SHAH, J.] Making the above submissions and relying upon the ab ove decisions/orders passed by the High Court as well as thi s Court, it is prayed that the present appeal be dismissed. 5. We have heard learned counsel appearing on behalf of the respective parties at length. 5.1 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 737 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 di scretion 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. 5.2 Now so far as merits of the appeal and the impugned judgment and order passed by the High Court enhancing the amount of compensation at Rs.297/- per sq.yard is concerned and the reliance placed up on the decisions of the High Court and this Court referred to hereinabove and relied upon on behalf of the claimants is concerned, at the outs et it is required to be noted that in the present case, the acquisition i s of the year 1982 and in all other relied upon cases the acquisition(s) is/are of the year 1986/88. 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. In the case of Narendra & Ors. (supra), this Court had enhanced the amount of compensation to Rs.297/- per sq.yard with respect to the land acquired in Village Makanpur and other surrounding villages acquired for the very same project, but with respect to the acquisition ofthe years 1986/1988. However, subsequently in the case of U.P. Awas Avam Vikas Parishad (supra) and after considering the decision of this Court in the case of Narendra & Ors. (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. In the said decision, while refusing to accept theclaim of Rs.297/- per sq.yard as awarded in the case of Narendra & Ors. (supra) which was with respect to the acquisition of 1988, this Court has observed that the compensation determined on the bas is of the Notification 5 years later, cannot be a yardstick for determiningthe compensation for the land which is acquired five years be fore. This Court has also taken note of the fact that between the year 1982 and 1987/1988, development activities had been undertaken. Applying the law laid down by this Court in the case of U.P. 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. As observed NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY v. OMVIR SINGH & ORS. [M. R. SHAH, J.] hereinabove, in the present case, Section 4 Notification had been issued on 22.11.1982 and the relied upon decisions with respect to Vi llage Makanpur and other villages are of the year 1986/88, which as observed by this Court in the aforesaid decision in the case of U.P. Awas Avam Vikas Parishad (supra), cannot be the basis. Under the above circumstances, the impugned judgment and order passed by the Hig h Court awarding compensation @ Rs.297/- per sq.yard is unsustainable and it is heldthat the original claimants shall be entitled to compensation at the rate of Rs.120/- per sq.yard. 6. In view of the above and for the reason stated above, the present appeal succeeds in part. The impugned judgment and order pass ed by the High Court is hereby modified. It is ordered and directed th at the original claimants shall be entitled to compensation at the rate of Rs.120/ - per sq.yard along with all other statutory benefits and interest allowable under the provisions of Land Acquisition Act, 1894. Howeve r, the claimants shall not be entitled to the statutory benefits including the interest under the Act, 1894 on the enhanced amount of compensation for the delayed period in preferring the appeal before the High Court i.e. from the date of rejection of the review application till the first appeal was filed before the High Court. Present appeal is accordingly allowed to the aforesaid extent. No costs. Nidhi Jain Appeal partly allowed. (Assisted by : Tamana, LCRA)