R.K.Mahajan - (1.) FIRST Appeal No. 406 of 1982 has been filed against the decree and judgment dated May 30, 1981 passed by Illrd Additional District Judge. Meerut (Sri S. K. Bhargava) in L. A. Reference No. 689 of 1979 awarding compensation for acquired plot No. 324/4 (area 2 bighas 18 biswas 13 biswansis) at the rate of Rs. 3.1 OP per square yard and an enhanced compensation solatium at the rate of 15% instead of demand rate of Rs. 8 per square yard. The relief sought for in this appeal is for awarding compensation at the rate of Rs. 8 per square yard, as claimed. This appeal was decided on 30.4.1996 in the absence of the learned counsel for the appellant after hearing the learned counsel for the State whereby the appeal was partly allowed awarding compensation at the rate of 7.30 per sq. yard. A recall application has been filed which is allowed after hearing the learned counsel for the parties and the appeal is restored and heard on merit.
(2.) FIRST Appeal No. 485 of 1981 has been filed against the judgment and decree dated 9.9.1981 passed by Sri S. K. Bhargava. 1st Addl. District Judge, Meerut in L. A. Reference No. 677 of 1979. The relief sought in this appeal is for enhancement of the compensation of Rs. 1,17,522 (at the rate of Rs. 11 per square yard instead of Rs. 8 per square yard. This appeal was also decided on 30.4.1996 disposing of the appeal in the absence of the learned counsel for the appellant after hearing the counsel for the State awarding compensation at the rate of Rs. 7.37 per sq. yard. A recall application has been filed which is allowed after hearing the learned counsel for the parties and the appeal is restored and heard on merit. First Appeal Nos. 470 of 1981. 264 of 1982 and 265 of 1982 have been filed against the decree dated 23.12.1980 passed by Sri P. C. Jain, Ilnd Additional District Judge, Meerut in L. A. Reference Nos. 421 of 1978; 423 of 1978 and 428 of 1978 by the State praying the relief that the impugned orders be set aside and the award of the Land Acquisition Officer be confirmed. These appeals were also disposed of by the order dated 30.4.1996 awarding compensation at the rate of Rs. 737 per sq. yard. Recall applications have been filed which are allowed and restored the appeals after hearing the learned counsel for the parties. The appeals have been heard on merits. A notification under Section 36 of the Town Improvement Act corresponding to Section 4 (1) of the Land Acquisition Act was published in Gazette dated 7.1.1967 and it was followed by another notification under Section 32 (1) of U. P. Avas Evam Vikas Parishad Adhiniyam corresponding to Section (6) (1) read with Section 17 of the Act which was published in the U. P. Gazette dated 23.11.1968. The possession was taken on 23.5.1970 and the Special Land Acquisition Officer, U. P. Avas Evam Vikas Parishad Lucknow gave his award on 2.2.71.
(3.) SINCE in the appeals filed by the claimant-appellants, relief sought for is for enhancement of the compensation and in the appeals filed by the State, the relief sought for is for setting aside the order of the Court below and maintaining the award passed by the Land Acquisition Officer, I would like to dispose of the above appeals by a common order. I have heard the learned counsel for the parties at substantial length on merit.;