MAHAVEER Vs. CHAIRMAN INDUSTRIAL DEVELOPMENT AUTHORITIES

JUDGEMENT

(1.) These are two connected appeals filed by the claimant. First Appeal No. 814 of 2005 is directed against the judgment and order dated 17.12.1993 passed by the IXth Additional District Judge, Ghaziabad. Whereas First Appeal No. (773) of 2000 is directed against the judgment and order dated 17.7.1993 passed by the IXth Additional District Judge, Ghaziabad. We have heard Sri S.K. Mishra, learned Counsel for the appellant and Sri Ramesh Jaiswal holding brief of Sri Shivam Yadav for the New Okhla Industrial Development Authority.

(2.) The land, subject-matter in First Appeal No. (773) of 2000, was acquired on 5.1.1982 for New Okhla Industrial Development Authority (N.O.I.D.A.) and possession was taken on 22.4.1982. The Special Land Acquisition Officer made an award in respect of entire acquired land @ Rs. 25,578.95 paise per bigha, which works out to be Rs. 10 per sq. yard. On a reference, the Additional District Judge, Ghaziabad enhanced the same and determined the market value of the land to be Rs. 20/- per sq. yard.

(3.) In First Appeal No. 814 of 2005, the notification under section 4 was published on 28.3.1986 and possession was taken on 12.8.1987. The Special Land Acquisition Officer, made an award dated 11.5.1988 determining the market value @ Rs. 30,000/- per bigha. On a reference being made, the reference Court determined the market value of the land as Rs. 50/- per sq. yard. The land in both the first appeals is situate in the same village i.e., Nagla Charandas though acquired by two different notifications.