Ritu Raj Awasthi, J. - (1.) HEARD Sri Umesh Chandra Pandey, learned Counsel for the appellant as well as Sri A.K. Rai, Sri Rajendra Prasad and Sri P.A. Khan learned Counsel for the respondents and perused the record.
(2.) THE present first appeal under Section of the Land Acquisition Act read with Section C.P.C. has been filed against the judgment and order dated 30.9.2003 and the decree dated 22.10.2003, passed by the Presiding Officer, Nagar Mahapalika/Avas Vikas Parishad Tribunal, Lucknow in Misc. Case No. 05 of 1994, Kunj Bihari v. State of U.P. and Ors. in Reference Petition filed under Section of the Land Acquisition Act, with respect to the land situated at village Ismailganj, District Lucknow, bearing Khata No. 15, Khasra No. 606 A, area 5 -13 -7 -0 and Khata No. 184, Khasra No. 606 (sa) area 0 -6 -18 -0. The present appeal has been filed mainly on the ground that the enhancement made by the Tribunal is not as per the market value of the land in question. Learned Counsel for the respondents, at the very outset, has submitted that the learned Tribunal vide judgment and order dated 12.9.1991, passed in Misc. Case No. 17 of 1983, Sardar Joginder Singh v. State of U.P. and Ors. had determined the market value of the land acquired at the rate of Rs. 3.00 per sq. ft. As the land of the respondent -claimants is adjacent to the land involved in Civil Misc. Case No. 17 of 1983, as such the market rate at Rs. 3.00 per sq. ft. determined by the Tribunal with respect to the land in question, was just and proper. It is further submitted by the learned Counsel for the respondents that in the case of Sardar Joginder Singh (Supra), the Supreme Court has confirmed the rate of Rs. 3/ -per sq. ft. as determined by the Tribunal.
(3.) IN this regard, learned Counsel for the respondents has submitted that against the judgment of the learned Tribunal, First Appeal No. 98 of 1991, Sardar Jogender Singh v. The State of U.P. and Ors., and other similar First Appeals such as, First Appeal No. 99 of 1991, First Appeal No. 15 of 1992 and First Appeal No. 16 of 1992, were filed in this Court, which were decided by the common judgment and order dated 23.9.2002, wherein the market value of the land in question at the rate of Rs. 3.00 per sq. ft was confirmed. It is further submitted that against the said judgment, certain Special Leave Petitions were filed before Hon. the Supreme Court, by judgment and order dated 28.8.2008, all the said civil appeals of the U.P. Avas Evam Vikas Parishad as well as the appeals of the claimants were dismissed, confirming the market value of the land at the rate of Rs. 3.00 per sq. ft. The judgments of the High Court as well as the Supreme Court, have been placed on record.;