Court No. - 34
Case :- FIRST APPEAL No. - 130 of 2007 Appellant :- Secretary Varanasi Development Authority & Another Respondent :- Ram Chander & Others Counsel for Appellant :- Ajit Kumar Singh Counsel for Respondent :- S.K.Lal
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard Sri A.K. Singh, learned counsel for appellant and Sri S.K. Lal, Advocate for respondent.
2. Learned counsel for parties at the outset stated that this matter is squarely covered by this Court's judgment dated 24.02.2016 passed in First Appeal No. 933 of 2004 (Secretary, Varanasi Development Authority, Varanasi Vs. Lalta and others) since that matter has also arisen from same acquisition proceedings. In view thereof, requirement of filing paper book is dispensed with.
3. The present appeal filed under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as the “Act, 1894”) has arisen from judgment and decree dated 19.05.2004 passed by Sri A.K. Srivastava, Additional District Judge/ Special Judge (S.C. And S.T. Act), Varanasi in Land Acquisition Reference (hereinafter referred to as the “LAR”) No. 126 of 1998, determining compensation under Section 23 of Act, 1894 at the rate of Rs. 24,000/- per Biswa.
4. Same matter has arisen in First Appeal No. 933 of 2004 (supra) and appeal preferred by Development Authority has been dismissed vide judgment dated 24.02.2016.
5. For the reasons stated in this Court's judgment dated 24.02.2016 passed in First Appeal No. 933 of 2004 (supra) and in the same terms this appeal is also dismissed with costs throughout.
Order Date :- 22.2.2018 AK