Ghaziabad: Allahabad High Court has enhanced compensation in a 59-year-old land acquisition case from Maharajpur, raising the rate from Rs 1.30 per square yard to Rs 20 per square yard. The case dates back to 1967, when 36 bigha of land was acquired and later became part of the Sahibabad industrial area under UP State Industrial Development Authority (UPSIDA). The court also directed the state govt to pay the revised compensation within two months along with 6% annual interest and 15% solatium.The single-judge bench of Justice Sandeep Jain passed the order on Tuesday, stating, “…in the considered opinion of the Court, it would be just, fair and equitable to grant compensation at the rate Rs 20 per square yard to the appellant company for the acquired land.”It further states, “Besides this, the appellant company will also be entitled to 23 solatium at the rate 15% on the compensation and interest at the rate of 6% per annum on the compensation and solatium amount, from the date of taking over possession of the acquired land till the date of actual payment… The respondents (state govt) are directed to pay the enhanced amount of compensation to the appellant within 2 months to the appellant company, failing which, the appellant company will be entitled to get it in accordance with law.”“We have received the order and we are exploring legal options and at the same time the HC order is being studied by our legal cell,” a UPSIDA official said.In 1967, UPSIDA submitted a proposal to the state govt for acquisition of 25.7376 acres of land in Makanpur village in Loni, which was part of Meerut district at the time. The UP govt issued a notification the same year and took possession in 1970. The collector awarded compensation at the rate of Rs 1.39 per square yard.M/s Mahamaya General Finance Company Ltd challenged the land compensation rate in district court on the pretext that it had purchased the land for Capital Industrial Estate. The layout for this scheme had been approved by the UP Town Planner department. It argued that the land valuation during acquisition was far below the existing market rate, which was stated to be Rs 8 per square yard at the time of notification.In its plea, the appellant urged that the potentiality of the acquired land be considered as a whole while determining the compensation. The notified land was 8km from Connaught Place, and the rate of land for industrial use in such close proximity to the spot was at Rs 25 per square yard.In 1980, the district court ruled to maintain the original acquisition rate. The appellant then approached Allahabad HC, which ordered enhanced compensation in the case.
