Sanjay Misra, J. - (1.) HEARD Sri Piyush Bhargava, learned counsel for the appellant, Miss Sarita Gupta alongwith Sri P.R. Ganguly, learned counsel for the respondent and learned Standing Counsel for the State -respondents.
(2.) IT is the common case of both the parties that the acquisition of land which is subject matter of this First Appeal was also the subject matter of First Appeal No. 463 of 2002 Bhagwat Swaroop & others Vs. State of U.P. and others connected with a bunch of First Appeals, wherein cross objections had also been filed. That First Appeal No. 463 of 2002 (Bhagwat Swaroop & others Vs. State of U.P. & others) was finally decided by the judgment dated 12.08.2008 by a Division Bench of this Court. A photostat copy of which order has been produced by learned counsel for the opposite party. Learned counsel for the appellant as also learned counsel for the opposite party have submitted that in the decision of the Division Bench in the aforesaid First Appeal, the Division Bench has upheld the price of Rs.65/ -per square yard as fixed by the reference court and it has rejected the claim of enhancement as also reduction of the rate as fixed by the reference court. From the aforesaid submission, it appears that it is the common case of both the parties that the matter has already been finally decided by a Division Bench of this Court with respect to the same notification of the same land acquired for the purpose of establishing a sub -station of the Power Grid Corporation of India.
(3.) THE operative portion of the Division Bench Judgment in the abovereferred First Appeal is quoted hereunder: - Hence, in totality we pass the following 1s in disposing all the appeals: A. The prayer of claimant -appellants for enhancement of the price at the rate of Rs.132.33 P. per square yard is rejected. B. The prayer of M/S Power Grid Corporation of India Ltd., for reduction of the price of the land at the rate of Rs.65/ -per square yard is also rejected. C. The price fixed by the court of reference at the rate of Rs.65/ -per square yard is upheld. D. The deduction from payable compensation made by the court of reference is set aside leaving aside other parts as it is. No order is passed as to costs. A photostat copy of the revenue map produced before this Court be kept with the record.;