- (1.) Heard Sri Ashish Mishra, Advocate, for appellant and Sri Y.S. Bohra, Advocate, for respondents in First Appeal No. 765 of 2012; and, Sri Y.S. Bohra, Advocate, for appellant; Sri Kunal Ravi Singh, Advocate, and learned Standing Counsel for respondents in First Appeal No. 539 of 2013.
(2.) Both these appeals have been filed under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") against same judgment and award dated 26.05.2012 and decree dated 09.07.2012 passed by Sri Sushil Kumar, Special Judge, Bijnore (hereinafter referred to as "Reference Court") in Land Acquisition Reference (hereinafter referred to as "LAR") No. 296 of 2009.
(3.) First Appeal No. 765 of 2012 (hereinafter referred to as "defendant's appeal") has been filed by M/S Bajaj Hindustan Limited, a company registered under Companies Act, 1956 (hereinafter referred to as "Act, 1956") for whose benefit land in dispute was acquired by State of U.P. through Collector, Bijnor and First Appeal No. 539 of 2013 (hereinafter referred to as "land owner's appeal") has been filed by land owner. Reference Court by impugned judgment and award/decree has determined market value for the purpose of payment of compensation of acquired land at the rate of Rs. 17,36,758/- per hectare. It has also directed that land owner shall also be entitled for payment of 30 per cent solatium, 12 per cent additional compensation and interest at the rate 9 per cent and 15 per cent for period of one year from the date of possession and thereafter for remaining period, respectively. Defendant is aggrieved by aforesaid determination of market value and according to it the said rate determined by Reference Court is highly excessive, unjust while on the other hand land owner-claimant is not satisfied with the aforesaid determination and according to it market value determined by Reference Court is still on lower side, unjust and does not determine the correct market value, therefore, it should be enhanced.;