- (1.) UNDER challenge is the judgment, order and award dated 18-5-1993 passed by the first Additional District Judge, Ghaziabad in a batch of 34 land acquisition references and the consequential decree thereof. All these 34 appeals were listed and heard by us together with First Appeal No. 357 of 1993, N. T. P. C. v. State of U. P. ,and another, and connected appeals as probably in all appeals land so acquired was for the benefit for N. T. P. C. However, on closure scrutiny we found that in the above 34 appeals the notification for acquisition, award made by the SLAO as also the judgment, order and award of the reference Court are all different. Therefore even though the arguments of the parties were on common line in both the set of appeals, we considered it proper to segregate these appeals and to decide them by a separate judgment.
(2.) A preliminary notification was issued under Section 4 (i) of the LA. Act (hereinafter referred to as Act) on 5-8-1986 for acquiring an area 19 Bigha, 6 Biswa and 12 Biswansi in village Siddhipur, paragana Dasana, Tehsil-Hapur, District Ghaziabad for the purposes of setting up a power plant by the National thermal Power Corporation (hereinafter referred to as N. T. P. C. ). It was followed by declaration under Section 6 of the Act which was published on 21-10-1986. The possession of the acquired land was taken on 28-2-1987. The Special Land Acquisition officer (hereinafter referred to as SLAO)awarded compensation at the rate ranging from Rs. 8,614/- to 15,614/- per bigha by classifying the land on the basis of its soil quality and agricultural utility. Not satisfied by the compensation so offered, the claimants preferred references under Section 18 of the act upon which these 34 references were registered and LAR No. 126/89 was made leading case. The reference Court vide impugned judgment and order has enhanced the compensation at flat rate of Rs. 19,000/-per pakka bigha along with statutory benefits.
(3.) THIS enhancement of compensation by the reference Court has been assailed in these appeals by the N. T. P. C.;