KISHAN SAHAI Vs. STATE OF U P

JUDGEMENT

(1.) FIRST Appeal No. 406 of 1982 has been filed against the decree and judgment dated May 30, 1981 passed by Illrd Additional District Judge. Meerut (Sri S. K. Bhargava) in L. A. Reference No. 689 of 1979 awarding compensation for acquired plot No. 324/4 (area 2 bighas 18 biswas 13 biswansis) at the rate of Rs. 3.1 OP per square yard and an enhanced compensation solatium at the rate of 15% instead of demand rate of Rs. 8 per square yard. The relief sought for in this appeal is for awarding compensation at the rate of Rs. 8 per square yard, as claimed. This appeal was decided on 30.4.1996 in the absence of the learned counsel for the appellant after hearing the learned counsel for the State whereby the appeal was partly allowed awarding compensation at the rate of 7.30 per sq. yard. A recall application has been filed which is allowed after hearing the learned counsel for the parties and the appeal is restored and heard on merit.

(2.) FIRST Appeal No. 485 of 1981 has been filed against the judgment and decree dated 9.9.1981 passed by Sri S. K. Bhargava. 1st Addl. District Judge, Meerut in L. A. Reference No. 677 of 1979. The relief sought in this appeal is for enhancement of the compensation of Rs. 1,17,522 (at the rate of Rs. 11 per square yard instead of Rs. 8 per square yard. This appeal was also decided on 30.4.1996 disposing of the appeal in the absence of the learned counsel for the appellant after hearing the counsel for the State awarding compensation at the rate of Rs. 7.37 per sq. yard. A recall application has been filed which is allowed after hearing the learned counsel for the parties and the appeal is restored and heard on merit.

(3.) SINCE in the appeals filed by the claimant-appellants, relief sought for is for enhancement of the compensation and in the appeals filed by the State, the relief sought for is for setting aside the order of the Court below and maintaining the award passed by the Land Acquisition Officer, I would like to dispose of the above appeals by a common order.