IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (@ SLP(C) No. 12562/2020)

KHACHERU SINGH (DECEASED) APPELLANT(S)

VERSUS

THE STATE OF UTTAR PRADESH & ORS. RESPONDENT(S)

WITH

CIVIL APPEAL NO. OF 2024 (@ SLP(C) No. 12566/2020)

O R D E R

Applications to bring on record the legal representatives of deceased-petitioner No.1/1 in SLP(C) No.12562/2020 and deceasedpetitioner in SLP(C) No. 12566/2020 are allowed.

Leave granted.

Reason:

Both the learned counsel appearing for the appellants and respondents submitted that the issue involved in the present appeals is covered by the decision of this Court dated 05.11.2019 in C.A. No.8419/2019. Digitally signed by SWETA BALODI Date: 2024.01.11 14:51:07 IST Signature Not Verified

The operative portion of the order reads as under:-

"Leave granted.

The present acquisition consists of 139.6483 Hectares in Village Uncha Amirpur, Pargana-Dasna, Tehsil Hapur, District Ghaziabad for the purpose of establishing a power plant in the National Capital Region by NTPC. The Section 4(1) notification in these cases is dated 05.08.1986. By an Award dated 08.11.1988, Rs. 5/ per sq. yard was granted as compensation. However, this was enhanced by the Reference Court, by a judgment dated 31.05.2001, for a sum of Rs.43/- per sq. yard taking 35% as deduction. By the impugned judgment, even though the deduction figure was reduced to 30%, the figure of Rs. 40/- per sq. yard was finally arrived at.

In the course of arguments, a recent order of this Court dated 11.05.2018 in Gunvir Singh & Ors. vs. State of U.P. & Ors. (Civil Appeal No. 5004 of 2018) was pointed out to us. In this case, acquisition was made for the same purpose of land in village Salarpur which is adjoining Village Uncha Amirpur in this case. The difference is that the Section 4 notification qua this village was on 21.10.1985. This Court held in the aforesaid order that the figure of Rs. 29/- per sq. yard given by the High Court was on the low side, and therefore in the peculiar facts awarded a compensation of Rs. 36/- per sq. yard instead. It was also pointed out that the deduction taken at 30% could not be found fault with. Given the fact that in the present appeals the Section 4 notification was 10 months later, in the peculiar facts of these cases, we raise the compensation figure from Rs. 40/- to Rs. 50/ per sq. yard.

The appeals are disposed of accordingly.

Pending applications, if any, also stand disposed of."

The appeals are allowed in terms of the decision rendered in C.A. No.8419 of 2019 on 05.11.2019.

Pending application(s), if any, stand disposed of.

……………………………………………………J. [M.M. SUNDRESH]

……………………………………………………J. [S.V.N. BHATTI]

NEW DELHI; 8 th JANUARY, 2024

4

ITEM NO.56 COURT NO.14 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 12562/2020

(Arising out of impugned final judgment and order dated 08-04-2015 in FA No. 452/2014 passed by the High Court of Judicature at Allahabad)

KHACHERU SINGH (DECEASED) Petitioner(s)

VERSUS

THE STATE OF UTTAR PRADESH & ORS. Respondent(s)

(IA No. 175892/2023 - APPLICATION FOR SUBSTITUTION IA No. 165334/2021 - FORMAL DISPOSAL)

WITH

SLP(C) No. 12566/2020 (XI) (IA No. 113780/2020 - APPLICATION FOR SUBSTITUTION IA No. 113782/2020 - CONDONATION OF DELAY IN FILING)

Date : 08-01-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI

• For Petitioner(s) Mr. Satpal Singh, AOR Mr. Govinda Chaudhary, Adv. Mr. V.S. Dubey, Adv. Mr. Sidharth Joshi, Adv. Mr. Amit Kumar, Adv.
• Mr. Saurabh Trivedi, AOR Mr. Ashutosh Kumar Sharma, Adv.
• For Respondent(s) Mr. Ravindra Raizada, Sr. A.A.G. Mr. Rajeev Kumar Dubey, Adv. Mr. Ashiwan Mishra, Adv. Mr. Kamlendra Mishra, AOR
• Ms. Shefali Mitra, Adv. Mr. Ajit Kumar Ekka, AOR

UPON hearing the counsel the Court made the following O R D E R

Applications to bring on record the legal representatives of deceased-petitioner No.1/1 in SLP(C) No.12562/2020 and deceasedpetitioner in SLP(C) No. 12566/2020 are allowed.

Leave granted.

The appeals are allowed in terms of the signed order. Pending application(s), if any, also stand disposed of.

(SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)