Surya Prakash Kesarwani, J. - (1.) The controversy involved in the present first appeal is "Whether compensation of land of Village Kakrala Khwaspur acquired on 5.1.1982, under Section 4 of the Land Acquisition Act, 1894, can be determined at the same rate i.e. Rs.297/- per Sq. yard, as was determined by the Division Bench in First Appeal No.1100 of 2004 (Mangu and others v. State of U.P. And others) decided on 3.12.2014 with respect to land of the same village acquired on 2.2.199, when some first appeals relating to the land acquisition dated 5.1.1982 were connected with the first appeal of Mangu & others (supra) and the the Division Bench passed the judgment without being informed or without notice of this fact ?" Heard Sri Anil Sharma, learned counsel for the claimant-appellant, Sri Girish Vishwakarma, learned standing counsel for respondent no.1 and Sri Shivam Yadav, learned counsel for respondent no.2, NOIDA. FACTS OF THE CASE
(2.) By notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') published on 5.1.1982, land measuring 284-18-18 Bighas of Village Kakrala Khawaspur, Pargan Dadri, District Ghaziabad (now Gautam Budhha Nagar) was acquired. Subsequently, the actual acquisition was made for land measuring 274-14-4 Bighas. Possession of the land was taken on 30.4.1982. The SLAO made the award on 7.9.1993 determining compensation @ Rs.23291.14 per Bigha, which comes to about Rs.9/- per square yard. Several references were made at the instance of claimants/land holders. Twenty such references have been decided by the impugned common judgment dated 17.8.1993 passed by IXth Additional District Judge, Ghaziabad determining compensation @ Rs.20/- per square yard along with other statutory benefits and interest. The present appeal arises from the impugned judgment passed in LAR No.200 of 1984.
(3.) The Application No.6 of 2019 dated 28.1.2019 under Order 41 Rule 27 has been filed by the appellants to take in additional evidence the judgment dated 19.5.2010 in First Appeal No.1056 of 1999 (Raghuraj Singh and others Vs. State of U.P. and another), the judgement dated 13.3.2014 in First Appeal Defective No.773 of 2000 (Mahaveer Vs. The Chairman of Industrial Development Authority and others) and the judgment dated 3.12.2014 in First Appeal No.1100 of 2004 (Mangu and others Vs. State of U.P. and another) which relate to land acquired in Village Bhangel Begumpur, Village Nagla Charandas and Kakrala Khawaspur respectively. The judgment in Mangu and others (supra) was passed in terms of the judgment in First Appeal No.1056 of 1999 (Raghuraj Singh and others Vs. State of U.P. and another) which relates to Village Bhangel Begumpur.;