TARA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) KRISHNA Kumar, J. The above two appeals have been filed against the award dated 18-12-1981 passed by the Nagar Mahapalika Kanpur in reference Case No. 18 ol'1981 arising out of award No, 7 dated 30-9-1980 given by the Special Land Ac quisition Officer, Moti Jheel Kanpur con cerning village Gujaini.

(2.) THE appeal No. 285 of 1984 has been filed by the land owners whereas Ap peal No. 305 of 1985 has been filed on behalf of the State of U. P.

(3.) IT is contended by the learned Counsel for the claimant that because the land in question is similarly situated in the same village and locality compensation the claimants are also entitled to the (sic) as allowed in the above noted judgment of this Court. The said judgment was given in First Appeal No. 733 of 1986 the file of which was summoned for perusal and the judgment shows that six appeals were decided by single judgment The judgment also shows that the land acquired was situated in village Gujaini and compensation at the rate of Rs. 33,000 per bigha was awarded to the land owners. In the said appeals the point raised before the Division Bench of this Court was that the land owners were entitled to compensa tion at the rate of Rs. 33,000 per bigha and it was held that in absence of any material to distinguish the advantage of the land involved in the said appeals the land owners were also entitled to compensation at the rate of Rs. 33,000 per bigha.