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Bulandshahr Khurja Development Authority Vs. Amir Kuwar (D) through LRS. and Ors.

[Miscellaneous Application No. 1389 of 2021 in Civil Appeal No. 1060 of 2021]

In terms of Order dated 31.01.2020 of this Court, the appellant authority deposited compensation at the rate of Rs.150/- per Sq. Yard with all statutory benefits and interests in the Registry of this Court.

While disposing of the Civil Appeal by order dated 23.03.2021, we passed the following order:

"In the meantime, the compensation deposited pursuant to our order dated 31.01.2020 may be released to the respondents at the rate of Rs. 103.50 per Sq. Yd. without prejudice to their rights and contentions for enhancement of the same. The balance deposits may be forwarded to the High Court to abide by a fresh final decision that may be taken by it in the matter."

In compliance of Order dated 23.03.2021, as there was a dispute in reference to the quantification of payment at the rate of Rs.103.50 per Sq. Yard, as observed by this Court, the appellant and the respondents both have filed their calculations for the amount which is payable.

According to the appellant, they have paid in excess over the rate of Rs. 103.50 per Sq. Yard, at the same time, the respondents have disputed their mode of calculation and according to them the deficit amount has been paid under the directions of this Court.

Since the mode of calculation inter se is disputed between the parties, it may not be advisable for this Court to go into this question at this stage more so when the matter is pending before the High Court.

We dispose of the Miscellaneous Application with the observation that the dispute in respect to the calculation in compliance of Order dated 23.03.2021 of this Court, will be subject to the outcome of pending proceedings before the High Court and the parties are at liberty to question all issues including the compensation paid pursuant to the directions of this Court. The balance amount lying in the Registry of this Court shall be transferred to the Registrar of the High Court of Allahabad under intimation to this Court.

With these observations the Miscellaneous Application stands disposed of.

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

................................................J (AJAY RASTOGI)

................................................J (ABHAY S. OKA)


SEPTEMBER 28, 2021.

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