This first appeal arises out of the judgement dated 18.2.1999 and decree dated 5.3.1999 passed in Land Acquisition Ref. no. 12 of 1994 Israr Ahmad and others Vs State of U.P. & others by the IVth Additional District Judge, Allahabad.
Learned counsel for the appellant has pointed out that the notification under Section 4(1) of the Land Acquisition Act was published on 21.7.1990, the notification under Section 6(1) was published on 15.9.1990 the possession of the land was taken on 12.11.1990 and the award by the Land Acquisition Officer was made on 12.10.1992. He submits that against the very same acquisition proceedings several other lands were also acquired and first appeals were filed. In first appeal no. 625 of 1998 Allahabad Development Authority Vs Shakeel Ahmed and others a Division Bench of this court allowed the appeal partly by enhancing the compensation which judgment has obtained finality. He states that this appeal be also decided in terms thereof.
Perused the record. It appears that out of the very same notification dated 21.7.1990 under Section 4(1) of the Act and notification dated 15.9.1990 under Section 6(1) read with Section 17(1) of the Act and award dated 12.10.1992 this appeal has been filed. Hence it relates to the same notification and the land acquired by the appellants in the present appeal is subject matter of the same notification as in FA no. 625 of 1998.
Consequently this appeal is also liable to be allowed in terms of the Division Bench decision dated 29.1.2004 in the First Appeal no. 625 of 1998 filed by Allahabad Development Authority Vs Shakeel Ahmad and others.
Consequently this first appeal is disposed of in the same terms and conditions as in the judgment dated 29.1.2004 in the first appeal of Shakeel Ahmad (supra).
The appeal stands allowed.
No order is passed as to costs.
Order Date :- 8.1.2010/Pravin