- (1.)Heard Sri Pankaj Srivastava, learned Counsel for appellant as well as Sri V.K. Srivastava learned Counsel for respondent No. 1 and perused the record. This first appeal has been filed under section 54 of the Land Acquisition Act, 1894 against the judgment and order dated 14.3.2007 and decree dated 20.4.2007 passed by the Presiding Officer, Nagar Mahapalika/Avas Evam Vikas Parishad Tribunal, Lucknow in respect to reference under section 18 of the Land Acquisition Act, 1894 in Misc. Case No. 434 of 1993, Ram Sevak and another v. State of U.P., wherein the amount of compensation has been enhanced to Rs. 4.60 per sq. ft. from Rs. 0.85 per sq. ft. for the land situated at Khasra No. 1 in village Bharvara, Pargana, Tehsil and District-Lucknow.
(2.)Learned Counsel for appellant has submitted that the land in question was acquired by the State Government for the Ujariaon Avasiya Yozna Part-2. The land of the respondents/claimants measuring 5-3-12-0 situated at village Bharvara, Pargana, Tehsil and District-Lucknow was acquired. The Special Land Acquisition Officer had fixed the compensation for the said land at the rate of Rs. 0.85 per sq. ft. However, the learned Tribunal without any reasonable basis has enhanced the amount of compensation at the rate of Rs. 4.60 per sq. ft. which was much more than the market value of the land at that time.
(3.)Sri V.K. Srivastava learned Counsel for respondents/claimants at the very outset submitted that the controversy involved in the present appeal has been settled by the judgment and order dated 12.10.2009 passed by this Court in a bunch of appeals filed by the L.D.A. relating to the same scheme, arising out of the same notifications issued by the State Government for acquisition of land and against the same award.