SURYA PRAKASH KESARWANI, J. - (1.) Out of these 36 appeals, 25 appeals arise out of the common judgment dated 23 . 11 . 2002 passed by the District Judge, Meerut in Land Acquisition Reference No . 39 of 1991 Basheshwar Dayal and others Vs . State of U . P . and M . D . A . and other connected references . Eleven appeals arise out of the common judgment dated 23 . 11 . 2002 passed by the District Judge, Meerut in land acquisition reference No . 88 of 1990 ( Sri Sher Singh Vs . State of U . P . and M . D . A . ) and other connected references . Out of these 36 appeals, 35 appeals have been filed by the Meerut Development Authority through its Secretary ( hereinafter referred to as 'MDA') challenging the two judgments and order both dated 23 . 11 . 2002 passed by District Judge, Meerut . One appeal No . 311(D) of 2003 has been filed by the claimant, i . e . , Sri Rajpal Singh and four others .
(2.) . Various claimants have filed cross objections for enhancement of compensation by Rs . 49/- per square yard in addition to the compensation awarded by the reference court at Rs . 126/- per square yard . One of the claimant Sri Rajpal Singh and four others have filed Cross Appeal No . 311 (D)of 2003 seeking enhancement in compensation from Rs . 126/- to Rs . 175/- per square yard . The status of appeals, cross objections and cross appeals arising out of the aforesaid two judgments both dated 23 . 11 . 2002 passed in land acquisition references are as under : - Sl . No . First Appeal Number filed by M . D . A . against the judgment and order dated 23 . 11 . 2002 passed by the District Judge, Meerut in land acquisition Reference No . 39 of 1991 (Basheshwar Dayal and others Vs . State of U . P . and M . D . A . ) and other connected references . Cross objection / appeal filed by claimants Status of Court's fee paid by claimants for enhancement in compensation by Rs . 49/- per square yard i . e . for the compensation of Rs . 175/- per square yard as against the compensation of Rs . 126/- per square yard determined by District Judge, Meerut 1 454/2003 239702 Paid 2 453/2003 Not filed -- 3 399/2003 239712/07 Paid 4 401/2003 136853/11 CF not paid 5 402/2003 239683/07 Paid 6 450/2003 Cross Appeal No . 311/03 (D) 7 455/2003 Not filed . 8 291/2003 239771/07 Paid 9 292/2003 239755/07 Paid 10 293/2003 239764/07 Paid 11 294/2003 239693/07 Paid 12 295/2003 239690/07 Paid 13 354/2003 265201/07 Paid 14 355/2003 Not filed 15 356/2003 Not filed 16 357/2003 239679/07 Paid 17 388/2003 239707/07 Paid 18 391/2003 136859/11 Not paid 19 403/2003 136855/11 Not paid 20 404/2003 239697/07 Paid 21 405/2003 225290/12 Paid 22 406/2003 239769/09 Paid 23 407/2003 239767/07 Paid 24 445/2003 225294/12 Paid Total numbers of appeal :- 24 + 1 =25 Sl . No . First Appeal Number filed by M . D . A . against the judgment and order dated 23 . 11 . 2002 passed by the District Judge, Meerut in land acquisition reference of 88 of 1990( Sher Singh and others Vs . State of U . P . and M . D . A . ) and other connected references . Cross objection / appeal filed by claimants Status of Court's fee paid by claimants for enhancement in compensation by Rs . 49/- per square yard i . e . for the compensation of Rs . 175/- per square yard as against the compensation of Rs . 126/- per square yard determined by District Judge, Meerut 1 444 of 2003 41114/09 Paid 2 396/2003 41187/09 Paid 3 397/2003 41198/09 Paid 4 398/2003 41219/09 Paid 5 364/2003 Not filed -- 6 386/2003 41197/09 Paid 7 390/2003 41202/09 Paid 8 392/2003 41208/09 Paid 9 394/2003 41212/09 Paid 10 395/2003 41191/09 Paid 11 387/2003 41182/09 Paid Brief facts of the case . Since the facts in these 36 appeals are common and arises out of one and the same acquisition notification, award and two similar reference judgments and as such with the consent of the parties the First Appeal No . 454/03 ( arising from L . A . R . No . 39 of 1991) and First Appeal No . 444 of 2003 ( arising from L . A . R . No . 88 of 1990) are treated as the leading appeal and accordingly the facts and evidences as brought on record in these appeals are being noted .
(3.) . Briefly stated undisputed facts of the present case are that certain plots of land of village Kaseru Buxer and village Amheda Aadipura, Pargana, Tehsil and district Meerut were acquired under the Land Acquisition Act, 1894 ( hereinafter referred as the 'Act') for MDA for integrated development of residential / commercial buildings for "Raksha Puram Scheme" . The Notification No . 4259/11-5 -87-11-I . L . A . /87 dated 14 . 8 . 1987 under Section 4 of the Act and Notification No . 4446/11-5-87/18 I . L . A . /87 dated 4 . 9 . 1987 under Section 6 of the Act were published in the gazette . The notices under Section 9 in both the villages were issued on 27 . 2 . 1988 . Objections were filed by the land owners who claimed that the market value of land in question is between Rs . 315/- to Rs . 500/- per square yard . While considering the matters for determination of compensation under Section 23 of the Act, the Special Land Acquisition Officer, Meerut has recorded in the award dated 22 . 2 . 1990, the location of the acquired land which fall within the limits of the N . C . R . Under the National Capital Region Board Act, 1985, as under : - . . . . . . . . . [vernacular ommited text] . . . . . . . . . . .;