Surya Prakash Kesarwani, J. - (1.) Determination of compensation of the land of village Morna acquired by notification under Section 4(1) of the Land Acquisition Act, 1894 dated 02.02.1991 on the basis of award/ judgments determining compensation of the land acquired by notification dated 05.01.1991 of village Chhalera Bangar, sale deed exemplar of village Morna of the period within three years of the acquisition, is the question involved in the present first appeals. Heard Sri Shri Krishna Mishra and Sri Madan Mohan, learned counsels for the claimants appellants, the learned standing counsel for the State-respondents and Sri Shashinandan, learned senior advocate, assisted by Sri Shivam Yadav and Sri Amrish Shukla, learned counsels for the respondent-NOIDA. FACTS OF THE CASE:-
(2.) Briefly stated facts of the present case are that by notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act'), major portion of land of village Morna was acquired in the year 1976. Lands of adjoining villages were also acquired. Huge development took place on the aforesaid acquired land. Np3 road and several residential colonies were built. Facilities of road electricity, water, etc. all were developed by the year 1980. Subsequently, acquisition notification in question dated 02.02.1991, was issued for acquisition of land of village Morna measuring 276-12-15 bighas and finally the acquisition was made for 273-3-2 bighas. Notification under Section 6 of the Act was issued on 04.12.1991, which was published in the Gazettee on 04.01.1992. Possession was taken on 31.03.1992. The Special Land Acquisition Officer (SLAO) passed the award on 31.03.1995 offering Rs.74.40 per square yard as compensation for the acquired land along with statutory benefits. Dissatisfied with the award, number of land holders filed references under Section 18 of the Act. Thirty six such references were decided by the impugned common judgment dated 10.02.2003 passed by the court of Additional District Judge and Sessions Judge, Ghziabad determining the compensation @ Rs.264/- per square yard. Aggrieved with this judgment, the respondent NOIDA filed First Appeal No.752 of 2003 (NOIDA vs. Om Prakash and others) and First Appeal No.710 of 2003 (NOIDA vs. Ishwar and others). The aforesaid First Appeal No.752 of 2003 was disposed of by a Division Bench in terms of the judgment of the same Division Bench in First Appeal No.564 of 1997 (Khajan and others vs. State of U.P. and another) relating to acquisition of land of village Bhangel Begumpur by notifications issued in the year 1983, 1986 and 1988. Thus, the aforesaid First Appeal No.752 of 2003 filed by NOIDA stood dismissed by the Division Bench by order dated 11.10.2012. The First Appeal No.710 of 2003 filed by NOIDA was dismissed by order dated 20.11.2018. According to NOIDA, against the judgment in the aforesaid First Appeal No.752 of 2003 (NOIDA vs. Om Prakash and others), S.L.P. No.28435 of 2015 (NOIDA vs. Om Prakash) was filed by NOIDA, which was dismissed by Hon'ble Supreme Court by order dated 03.02.2015. It is relevant to mention that First Appeal No.564 of 1997 (Khajan and others vs. State of U.P.), relating to village Bhangel Begumpur was decided with respect to the lands acquired in the years 1983, 1986 and 1988 and compensation determined @ Rs.297/- per square yard by the Division Bench by judgment dated 11.10.2012, stood affirmed by the Hon'ble Supreme Court. The main submission of respondent-NOIDA before this court in the present appeals is that since the First Appeal No.752 of 2003 (NOIDA vs. Om Prakash) arising from the impugned common judgment in the present first appeals, was disposed of by the Division Bench in terms of the judgment in the case of Khajan and others (supra) in which compensation was determined @ Rs.297/- per square yard and the S.L.P. of the NOIDA stood dismissed by Hon'ble Supreme Court and, therefore, the compensation in the present first appeals should be determined @ Rs.297/- per square yard.
(3.) The present bunch of first appeals were heard on several occasions. On 02.02.2016, the claimants-appellants argued for compensation @ Rs.340/- per square yard on the basis of Division Bench judgment in First Appeal Defective No.374 of 2002 (Gyan Chand vs. NOIDA and another) decided on 23.07.2014 and First Appeal No.1169 of 2003 (NOIDA vs. Balraj) decided on 18.05.2015 and First Appeal No.444 of 2006 (Bir Singh vs. State of U.P. and others) decided on 03.02.2015 arising from acquisition of land of village Chhalera Bangar acquired on 05.01.1991 and thereupon, learned counsel for the respondent-NOIDA prayed for adjournment to enable the authority to explore the possibility of compromise on agreed rate of compensation. However, nothing was done by NOIDA and as such this court passed a detailed order dated 16.12.2016 in First Appeal No.710 of 2003 and other connected first appeals including the present first appeals observing as under: "Although, prima-facie, it appears that the submission of the learned counsel for the claimants for their entitlement for compensation @ Rs.340/- per Sq. yard with respect to the acquired land, is strongly supported by the Division Bench judgment in the case of Balraj (supra) and other Division Bench judgments followed therein yet the claimants still expressed desire before the Court for entering into a compromise with NOIDA, so as to buy peace and to get-rid-of from luxurious litigation, provided NOIDA offers compensation around Rs.320/- per Sq. yard. Shri Shivam Yadav, learned counsel for NOIDA states that instructions in this regard are awaited from NOIDA authority and, therefore, the matter may be taken up on 20.12.2016. As prayed by Sri Shivam Yadav, learned Counsel for NOIDA, put up on 20.12.2016 along with connected appeals, on which date the instructions shall be brought on record by means of an affidavit of a competent officer of NOIDA. ";