Sanjay Misra, J. - (1.) ALL the above connected First Appeals arise out of the same notification under the Land Acquisition Act and under the same scheme and are therefore being taken up together for the purpose of final decision.
(2.) HEARD Sri Sri Kant, Sri Ajit Singh Rana and Sri Awadesh Tiwari for the appellants and Smt. Sunita Agarwal appearing for claimant respondent no. 1 as also learned Standing Counsel on behalf of State respondent nos. 2 and 3. Learned counsel for the claimant respondent has referred to a judgment dated 26.5.2010 of a Division Bench of this Court in a bunch of First Appeals, leading one being First Appeal No. 273 of 1997 ( U.P. Avas Evam Vikas Parishad, Lucknow v. Kanak and Others) and submits that out of the very same land acquisition notification and under the very same scheme, the said bunch of First Appeals were dismissed, cross objections of the claimant respondents were also dismissed and the award of Rs. 27/ - per sq. yard was affirmed. According to Smt. Sunita Agarwal, learned counsel for the claimant respondent, the said judgement of the Division Bench was assailed before the Hon'ble Supreme Court by the U.P. Avas Evam Vikas Parishad, Lucknow in Special Leave to Appeal (Civil) No. 9129 of 2011, which was dismissed on 10.5.2011. A copy of the said order has also been annexed along with the supplementary affidavit. According to Smt. Sunita Agarwal, the award dated 30.4.1997 passed in Land Acquisition Reference No. 36 of 1990, which is assailed in the present First Appeal and the awards assailed in the connected First Appeals are also out of the same notification under the same scheme and therefore, these appeals be also decided in terms of the Division Bench judgement in the bunch of First Appeals, leading one being First Appeal No. 273 of 1997 (U.P. Avas Evam Vikas Parishad, Lucknow v. Kanak and Others) as affirmed by Hon'ble Supreme Court.
(3.) SRI Sri Kant, learned counsel appearing on behalf of the appellant, has raised various contentions regarding the awarded amount of Rs. 27/ - per sq. yard on merits and submits that the impugned award requires to be set aside for those reasons.;