- (1.) Heard Sri D. V. Singh, learned counsel for appellants, Sri Kamlesh Kumar Jaiswal, Advocate, holding brief of Sri Shiyam Yadav, learned counsel for respondent-New Okhla Industrial Development Authority (NOIDA) and learned Standing Counsel for State. 2. This appeal under Section 54 of Land Acquisition Act, 1894 has arisen from judgment and award dated 14.05.2001, passed by Shiv Charan, Ist Additional District Judge, Ghaziabad, in 15 Land Acquisition References (herein after referred to as 'LAR'), including LAR No. 380 of 1996 (Ganeshi and others v. State of U.P. and others). 3. The Reference Court has determined market value for compensation at the rate of Rs. 200/- per square yard. 4. The acquisition relates to land at Village Naurangabad Khagar, District Ghaziabad. 5. Both the learned counsels for parties have also stated that issue raised in appeal are squarely covered by judgment of this Court in similar matter in First Appeal No. 298 of 2015 (Bhawar Singh v. Noida and others), decided on 18.05.2015, wherein this Court passed the following order:- "1. This appeal filed by claimant, is directed against the award dated 2.11.2002 and consequential decree dated 20.12.2002 passed by Additional District Judge, Court No. 1, Ghaziabad in Land Acquisition Reference No. 385 of 1996 and 3 other connected References.
(2.) Facts in brief are that land belong to the claimant along with others, situate in village Naurangabad Khadar, measuring 123-6-9, was acquired for New Okhla Industrial Development Authority (hereinafter referred to as "NOIDA") vide notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") published in the Official Gazette on 15.2.1992. Possession of land was taken on 31.3.1994. Special Land Acquisition Officer (hereinafter referred to as "SLAO") made an award determining the rate of Rs. 54.54 per square yard as market value of the land acquired. The claimant being dissatisfied with the amount of compensation awarded, sought reference which has been decided vide award, impugned in this appeal, whereby the Additional District Judge has partly allowed reference and market value of the land acquired has been enhanced to Rs.200-/ per square yard. The Additional District Judge has also awarded solatium and interest etc. as provided by the Statute.
(3.) The Reference Court while arriving at market value of Rs. 200/- per square yard has actually applied 30 per cent deduction of the market value on the basis of sale-deeds dated 27.6.1989 and 19.6.1990 as also agreement-to-sell dated 19.4.1989 where under actual consideration was at the rate of Rs. 297.50 per square yard.;