UNION OF INDIA Vs. KEEMAT LAL BASU DEV

JUDGEMENT

(1.) This First Appeal, under Section 54 of the Land Acquisition Act, has been preferred by the Union of India, through its Commanding Officer, DET C Vikas, Establishment No. 22 C/O 56 APO, where the appellant herein, had put a challenge to the judgement and award, which was rendered by the learned District Judge, Dehradun in a Land Acquisition Reference Case No. 100 of 2000, Keemat Lal and others Vs. State and another, allowing the Section 18 reference of the Land Acquisition Act, which was arising out of an award which was rendered by the Land Acquisition Officer dated 10.04.2020, as rendered in Land Acquisition Case No. 1 of 1995-96, Keemat Lal and others Vs. State of U.P. through Collector, Dehradun and another.

(2.) Before I venture to meet the arguments which has been extended by the learned counsel for the appellant herein, it would not be out of context to refer that the learned District Judge, Dehradun, has decided the reference under Section 18 of the Land Acquisition Act, by the impugned judgement which is under challenge in the Appeal i.e. dated 27.11.2008, and as would be apparent therein from the cause title of the judgement that two land acquisition cases, being Land Acquisition Case No. 99 of 2000, Smt. Krishna Kochhar Vs. State and another and Land Acquisition Case No. 100 of 2000, Sh. Keemat Lal and others Vs. State and another, had been decided together by the common judgement, of the reference proceedings.

(3.) The appellant therein, as against the judgement, which was rendered in relation to the Acquisition Reference No. 99 of 2000, had preferred a First Appeal No. 63 of 2009, Union of India Vs. Smt. Krishna Kochhar and Another, which came up for consideration before the coordinate Bench of this Court and the coordinate Bench of this Court, vide its judgement dated 27.12.2016, had dismissed the said Appeal and the point of determination about the proportionality of the amount of compensation payable, and which was awarded by the Reference Court and the entitlement for the award of compensation, was decided in favour of the land looser i.e. the applicant to the reference proceedings, therein in Land Acquisition Case No. 99 of 2000.