- (1.) Heard Shri Pramod Singh, Learned Counsel for the Appellant and Shri V. N: Singh, Learned Counsel for the Respondent and perused the record.
(2.) This first appeal has been filed by the State of U.P. under Section 54 of the Land Acquisition Act, 1894, against the judgment and order dated 29.5.2003, passed by the Nagar Mahapalika Tribunal, Lucknow in Land Acquisition Misc. Case No. 1 of 1998 Brij Lal and Anr. v. State of U.P. and Anr., challenging the validity in correctness of the judgment and order dated 29.5.2003, passed by the Nagar Mahapalika Tribunal. Lucknow in Land Acquisition Misc. Case No. 1 of 1998, Brij Lal and Anr. v. State of U.P. and Anr., under Section 18 of the Land Acquisition Act, 1894. The Court in the aforesaid judgment has partly allowed the miscellaneous case, enhancing the compensation of the land at the rate of '6.50 per sq. ft. from Rs. 2,09 paise per sq. ft. which was awarded by award dated 6.11.1990 by the S.L.A.O.
(3.) The award has been challenged on the ground that in the instant case the determination of the market value at the rate of '6.50 per sq. ft. on the basis of earlier decision of the Tribunal in Miscellaneous Case No. 516 of 1991 decided on 19.5.1999 and Miscellaneous Case No. 453 of 1992, decided on 21.11.1994, cannot be legally sustained. It is further argued by the learned standing counsel that the perusal of the award by the S.L.A.O. shows that opposite party had not submitted any letter of claim/demand, hence it was observed by the authorities that whatever compensation determined by the Tribunal, would be payable and in this view of the matter, it is permissible for the Respondent to get reference under Section 18 of the Act for the enhancement of the amount.;