STATE OF U P Vs. SURESH CHANDRA

JUDGEMENT

(1.) R. K. Mahajan, J. This common judgment disposes of this appeal as well as First Appeal No. 573 of 1993, State of UP and another v. Rajendra Singh and others, First Appeal No. 574 of 1993, State of UP and another v. Smt. Gayatri Devi, and First Appeal No. 575 of 1993, State of UP. and another v. Mahesh Chandra Sharma, which were disposed of by a common judgment rendered in Land Acquisition Reference No. 68 of 1993, 69 of 1993. 70 of 1993 and 71 of 1993, by Shri Rameshwar Singh, Xth Additional District Judge, Bulandshahr treating Land Reference No. 68 of 1993 as t he leading case, which has given rise to the present First Appeals, as in all these ap peals common questions of law and facts are involved.

(2.) AT the very outset it may be men tioned that this is a case where the com pensation has been increased more than 6-1/2 times by the learned Additional Dis trict Judge inasmuch as it has been en hanced from Rs. 44, 500/- per bigha to Rs. 2, 70, 00/ -. It is an amazingly sky rocketting.

(3.) SRI V. D. Mandhyan, learned Coun sel for the appellants contends as fol lows: - (i) The learned District Judge has not issued any notice regarding reference. The mat ter has been decided by the learned Additional District Judge within one month and six days from the date of reference, not on merits but on extraneous considerations. Fair and reasonable opportunity has not been given which is against the spirit of Section 52 of the Act. He relied upon several judgments of the apex Court which will be referred to later on. (ii) The compensation cannot be deter mined on per square yard basis when larger area was subject- matter of acquisition. (iii) He also presses the application filed under Order XLI, Rule 27, CPC for taking additional evidence and submits that these cases be remanded in fairness to all.