MANGAT RAM Vs. CHAIRMAN, INDUSTRIAL DEVELOPMENT AUTHORITIES

JUDGEMENT

(1.) We have heard Sri S.K. Mishra, learned counsel for the appellant and Sri Shivam Yadav as well as Sri Amit Manohar Sahai appearing for the respondent New Okhla Industrial Development Authority.

(2.) These are three connected appeals filed by the claimants-appellants. First Appeal Nos. 385 of 2006 and (413) of 2010 are directed against the judgment and order dated 17-12-1993 passed by IXth Additional District Judge, Ghaziabad. Whereas First Appeal no. 952 of 2000 is directed against the judgment and order dated 05-10-1995 passed by VIIIth Additional District Judge, Ghaziabad. The land under acquisition in all the three appeals is situate in village Nagla Charandas acquired by the same notification. By the impugned order the Additional District Judge has enhanced the compensation awarded by the Special Land Acquisition Officer to Rs.93.75 paise per sq. yard. The reference court placed reliance, on arriving at a conclusion, that compensation was liable to be enhanced to Rs.93.75 per sq. yard, on another judgment of the reference court dated 30-05-1992 passed in L.A.R. No. 250 of 1990 and 276 of 1996 in respect of village Bhangel Begampur.

(3.) Learned counsel for the claimant-respondents have pointed out that decision in LAR No. 250 of 1990 in respect of village Bhangel Begampur was subject matter of challenge by the claimants therein by way of various First Appeals before this Court which were connected together decided by a detailed judgment and order dated 19-05-2010 passed by a Division Bench in leading First Appeal No. 1056 of 1990 (Raghuraj Singh & others v. State of U.P. & others). From a perusal of the judgment, we find that the said Division bench has relied upon the judgment in L.A.R. No. 392 of 1993 (Ram Chandra & others vs. State of U.P. & others) relating to village Bhangel Begampur filed as additional evidence wherein the rate of Rs.58.93 paise per sq. yard awarded by the Special Land Acquisition Officer was enhanced in reference proceedings to Rs.500 per sq. yard, but after making 1/3rd deduction towards development charges owning to the largeness of the area was scaled down to Rs.300/- per sq. yard. It would be relevant to quote following observations from the judgment in the case of Raghuraj Singh :