STATE OF U P Vs. BHAGAWAT PRASAD

JUDGEMENT

(1.) HEARD learned Standing counsel. This is a land acquisition appeal under Section 54 of the Land Acquisition Act ( in short as an Act). A vast area of land was acquired in District Mirzapur for the construction of Dhekwa Dam vide notification dated 3.2.1979 issued under Section 4 of the Act. The Special Land Acquisition Officer awarded compensation at the market value of Rs. 1500/- per bigha which has been increased by the reference court to Rs. 4,000/- per bigha. It is against the aforesaid increase in the award of compensation that the State of U.P., appellant has preferred this appeal. In respect to the aforesaid notification and award in respect to the land of the same village ie., Lahaura, Tehsil Chunar, District Mirzapur, against a similar award of reference court First Appeals No. 529 of 1984 and 554 of of 1984 preferred by the State of U.P., were dismissed by this Court vide judgment and order dated 2.5.2008 and the award of compensation at the market value of Rs. 4000/- per bigha was upheld. Subsequently, 4 other appeals in which First Appeal No. 91 of 1984 Collector Mirzapur and another Vs. Bechan Singh and another was the leading appeal was dismissed by this Court vide judgment and order dated 5.5.2008. In short this Court in the above appeals have approved the award of compensation at the rate of market rate Rs. 4000/- per bigha. Learned Standing counsel accepts that the matter is covered by the judgment and order of the Court dated 5.5.2008 passed in First appeal No. 91 of 1984 aforesaid. The file of the said appeal was sent by the office along with this appeal and I have verified the above fact. Accordingly, this appeal is dismissed for the same reasons as are recorded in the decision of First Appeal No. 91 of 1984 and that of First Appeal No. 529 of 1994 decided on 5.5.2008 and 2.5.2008 respectively. No orders as to costs.