Heard Sri Ramesh Upadhyay assisted by Sri Shivam Yadav and Sri M.N. Singh, learned counsel for the appellant and Sri Manas Bhargava and Sri Surendra Tiwari, learned counsel for the claimants respondents.
The lands of the claimants respondents of village Harzaratpur, Wazidpur, Dadri, District Ghaziabad (now Gautam Buddh Nagar) was acquired by notification under Section 4(1) of the Land Acquisition Act, 1894 dated 26.09.1989. The Special Land Acquisition Officer made its award on 27.10.1992 determining market value of the lands of the claimants @ Rs.60/- per square yard. At the instance of the tenure holders, various references under Section 18 of the Act, were made and the reference court determined compensation @ Rs.120/- per square yard. In a reference, it determined the market value @ Rs.115/- per square yard (in L.A.R. No.638 of 1993). A Division Bench in its judgment dated 11.12.2014 in First Appeal No.541 of 2001 (NOIDA Vs. Nanak and another) considered the controversy and dismissed the appeal of the present appellant. Similar first appeals filed by the present appellant challenging the judgment of the reference court being First Appeal No.262 of 2002, was also dismissed by the Division Bench judgment dated 17.09.2015.
In view of the aforesaid, these first appeals filed by the NOIDA, also deserve to be dismissed and are hereby dismissed.
Order Date :- 10.11.2016 NLY