Vineet Kothari, J. - (1.) Heard learned counsel for the appellant. None appeared for the State despite service.
(2.) Learned counsel for the appellant submits that identical appeals have already been decided by this Court and he has cited two such orders passed by this Court in the following cases: (i) S.B.Civil Misc. Appeal No.285/96 - Sandeep Singh v. State of Rajasthan & Ors. Decided on 19/5/2009 (ii) S.B.Civil Misc. Appeal No. 268/1997 - Kusum Kumar v. State of Rajasthan & anr. Decided on 13/10/2009, relevant extract of above judgments are reproduced hereunder:- (i) Sandeep Singh v. State of Rajasthan: "Accordingly, this appeal is also disposed of in the same term and is held that the compensation payable or paid to the appellant for his land acquired under the award dated 6/6/1988 at the rate of Rs. 17,000/- per bigha shall stand enhanced to Rs. 19,000/- per bigha in term of the aforesaid Division Bench judgment. Sd/- (Dr.Vineet Kothari), J." (ii) Kusum Kumar v. State of Rajasthan: "Learned counsel for the appellant submits that controversy involved in this case is squarely covered with the said judgment, therefore, compensation awarded in favour of the appellant which is so be enhanced to Rs. 19,000/- per bigha. Further, it is brought to the notice of this Court that in S.B.Civil Misc. Appeal No. 285/1996 Co-ordinate Bench of this Court has passed order on 19.05.2009, whereby, compensation awarded was enhanced from Rs. 17,000/- per bigha to Rs. 19,000/- while following the Division Bench judgment. I have perused both the orders. In my opinion, the controversy involved in this case is covered by the aforesaid judgment. Accordingly, this appeal is also disposed of in terms of the judgment of Division Bench and it is held that compensation payable to paid to the appellant for his land acquired under Award dated 06.06.1988 at the rate of Rs. 17,000/- per bigha shall stand enhanced to Rs. 19,000/- per bigha. No order as to costs. Sd/- (Gopal Krishan Vyas), J."
(3.) Having perused the impugned order passed by learned ADJ No.1, Sriganganagar on 6/1/1996 rejecting the reference application under Section 18 of the Land Acquisition Act, 1894, this Court is satisfied that the present appeal is squarely covered by the aforesaid decisions and accordingly, the present appeal is allowed in the same terms. The impugned order dated 6/1/1996 is set aside and it is held that the compensation payable to the present appellant for his land acquired under Award dated 06.06.1988 at the rate of Rs. 15,000/- per bigha shall stand enhanced to Rs. 19,000/- per bigha. The award shall stand modified to this extent.;