Hon'ble R.A. Singh, J. - (1.) THESE First Appeals have been directed against common judgment/award dated 29.4.1995 passed by learned District Judge, Bulandshahr in L.A.R. No. 169 of 1992 (Arvind Kumar v. State of U.P. and others) and L.A.R. No. 168 of 1992(Arvind Kumar v. State of U.P. and others), whereby the references have been allowed and market rate of the land acquired has been determined at Rs.350/per sq. yard.
(2.) EARLIER these appeals were decided by Division Bench of this Court vide judgment and order dated 20.4.2004; which is reproduced below: "Heard learned counsel for the parties. In view of the judgment and order dated 31.3.2004 passed by the Division Bench of this Court in First Appeal No. 386 of 1992, this appeal is allowed in the terms and conditions as given in the above judgment. The impugned judgment is hereby set aside." A perusal of record goes to show that the Division Bench in First Appeal No. 386 of 1992 held as under: "Heard learned counsel for the parties. This First Appeal has been filed against the judgment of the Court below in a reference under Section 18 of the Land Acquisition Act. Sri Bhupeshwar Dayal, learned counsel for the appellant has stated that the land acquired was of area 3,00,000 square yard whereas the exemplar relied on is only of about 100 square yard. Hence in view of the judgment of this Court in First Appeal No. 522 of 1993, Krishi Utpadan Mandi Samiti v. Khushi Ram and others, decided on 26.2.2004, we set aside the impugned judgment and remand the matter to the Court below for a fresh decision in accordance with law expeditiously. Since the matter is being remanded to the Court below certificate shall be granted under Section 13 of the Court Fee Act for the refund of the Court Fee on the memo of appeal vide Chandra Bhushan Mishra v. Smt. Jayatri Devi, AIR 1969 Alld. 142, which has been affirmed by the Supreme Court in State of UP. v. Chandra Bhushan, AIR 1980 SC 591. Appeal is allowed." Being aggrieved by the above judgments and orders, the respondents preferred Civil Appeal No. 2218 of 2006 (arising out of S.L.P.(C) 19955 of 2004) and Civil Appeal No. 2219 of 2006 (arising out of S.L.P.(C) 24618 of 2004), which were decided by the Hon'ble Apex Court on 24.4.2006 by following judgment: "Leave granted. Heard counsel for the parties. Counsel appearing for the respondents fairly states that the impugned order be set aside and the case remitted back to the High Court for a fresh decision in accordance with law. Ordered accordingly. The High Court shall proceed with the First Appeals and decide them afresh in accordance with law. Since the proceedings relate to the year 1989, we would request the High Court to take up the appeals on priority basis and dispose them off as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. The appeals are allowed accordingly with no order as to costs."
(3.) THE brief facts emerging out of the case are that the land of Khata No.370 area 4-6-6 bigha of respondent Arvind Kumar and Khata No. 367 area 0-13-19 bigha, No. 368 area 0-15-9 bigha and No. 389 area 0-6-5 bigha of respondent AjaiKumar situated in village Akbarpur and Bhoor Crossing, District Bulandshahr was acquired for Bulandshahr Khurja Development Authority by Notification No. 7299/ 11-5-1988-83. LA/88 Lucknow dated 20.12.1988 under Section 4(1) of Land Acquisition Act 1894 (hereinafter referred to as 'Act') for promotion of residential and commercial scheme known as "Yamunaporam", in respect thereof an award under Section 11 of the Act was made by Special Land Acquisition Officer, Bulandshahr on 4.4.1991 offering compensation to the claimants at the rate of Rs.100/- per sq. yard for the land of first belt, Rs.50/- per sq. yard for land of second beit and Rs.29/- per sq. yard for the land of third belt. The respondent-claimants feeling aggrieved by the award, moved an application before the Collector under Section 18 of the Act for making reference to the Court and thereupon the Collector made reference to the Court of District Judge, Bulandshahr. It was alleged in the said application that the Special Land Acquisition Officer did not consider the utility, potentiality and situation of land for the purpose of determination of compensation. The Court in turn enhanced the rate of market value of land at Rs.350/- per square yard.;