UDAI RARN Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Mahajan, J. The order in this First Appeal will also govern disposal of First Appeal No. 758 of 1986 (Pradip Kumarv. State of U. P. & Anr.), First Appeal No. 761 of 1986 (Puran Chand v. State of U. P. & Anr.), First Appeal No. 764 of 1986 (Shyam Lai v. State of U. P. and another) and First Appeal No. 348 of 1987 (Bhopal v. State of U. P & Anr. as the facts involved in the aforesaid appeals are same. All the aforesaid matters are covered under Scheme No. 7 of U. P. Avas Vikasparishad Scheme/house construction and road con struction.

(2.) NOTIFICATION under Section 4 (1) of Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 9-5-1970. Notice Section 6 of the Act was is sued on 4-6-1976. The Special Land Ac quisition Officer passed the award under Section 11 of the Act on 25-3-1980 award ing compensation at the rate of Rs. 2. 81 per square yard. The learned District Judge, Meerut awarded compensation at the rate of Rs. 14/- per square yard vide his judgment dated 15-5-1985.

(3.) SHRI Vineet Saran has brought to my notice judgment of this Hon'ble Court, rendered in First Appeal No. 179 of 1989, U. P Avas Evam Vikas Parishad v. Yadu Raj Narayan, delivered on 28-10-1994 grant ing compensation at the rate of Rs. 28. 35 per square yard. Learned Counsel for the appellant states that the said judgment covers the present appeal and other con nected appeals as the notification is same, quality of land is same and the purpose for which it is acquired is the same and there cannot be discrimination in the matter of awarding compensation. Learned Coun sel for the respondent has submitted that the quality of the land is not same. I out-rightly rejected the contention of the learned Counsel for the respondent as it is not based on facts.