- (1.) As requested and agreed by Sri Anil Sharma, learned counsel for the appellants, learned Standing Counsel for respondent 1 and Sri Prakash Padia, learned counsel for respondent 2, we dispense with the requirement of summoning record of Court below and formal preparation of paper book for the reason that an appeal against the judgement and award in question filed by respondent 2 has already been decided by this Court vide judgement dated 3.11.2015.
(2.) This appeal has been preferred by claimants appellant under Section 54 of Land Acquisition Act 1894 (hereinafter referred to as "Act 1894") read with Section 94 of Code of Civil Procedure (hereinafter referred to as 'CPC') assailing judgement and award dated 3.11.2003 passed by Sri S.K. Bhatt, Additional District Judge, Court No. 3, Bijnor. By the said judgement Reference Court has adjudicated nine Land Acquisition References (hereinafter referred to as 'LAR'), partly allowed References of claimants tenure holders and determined market value for the purpose of compensation at the rate of Rs. 120/- per sqr. meter, besides other amount payable under Act 1894. By means of present appeal the claimants appellants have sought enhancement of amount of compensation.
(3.) M/s Indian Oil Corporation Ltd. (hereinafter referred as "IOCL") is a company owned by Government of India and on its proposal, Government of India issued a Notification dated 26.06.1991 under section 4 (1) of Act, 1894 proposing to acquire certain land at Village Tatarpur Lalu and Rahukedi Gadhu, Tehsil Najibabad, District Bijnor, for the purpose of constructing a Petroleum Product Depot of IOCL. Notification under section 6(1) of Act, 1894 was published on 19th November, 1991 and possession of acquired land was taken on 5th May, 1992. The Special Land Acquisition Officer (hereinafter referred to as 'SLAO') made its award on 19th October, 1993 determining market value at Rs. 150,000/- per bigha (Rs. 59.31 per sq. meter).;