MALKHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Surendra Tewari, learned Counsel for the Appellant and learned Standing Counsel appearing for the Respondents.

(2.) THIS is a land acquisition appeal for enhancement of compensation by the claimants arising from judgment and order dated 15.2.1986 passed by District Judge, Ghaziabad in Land Acquisition Reference No. 294 of 1982. The court below by the said judgment had decided about 60 land acquisition references. Some of the appeals arising from the said judgment and order of the District Judge have already been allowed.

(3.) IT has been submitted that in connection with the same acquisition and the award, First Appeal No. 832 of 1988 has already been decided by this Court on 14.2.1987 wherein the market value @ Rs. 15/ - per sq. yard has been awarded. Thereafter the aforesaid judgment and order has been followed in some other first appeals, in which First Appeal No. 466 of 1987 (Ran Pal v. State of U.P.) was the main appeal, which were decided vide judgment and order dated 28.2.2003. The said judgment and order of this Court appears to have become final as there is nothing on record to show that any appeal against the same is pending or that it has been set aside. In fact, parties accept that the matter is covered by the aforesaid judgment and order. Accordingly, this appeal is allowed partly and disposed of on the same terms and conditions of the First Appeal No. 832 of 1988 decided on 14.2.1977 and the decree passed by the reference court below stands modified.