The main legal point established in the judgment is the adequacy of the enhanced compensation for acquired land, based on factors such as potentiality, location, developments in the area, and facilities provided.

Hon'ble Ritu Raj Awasthi, J. - Heard Sri Pankaj Srivastava, learned counsel for appellant as well as Sri V.K. Srivastava learned counsel for respondent no.1 and perused the record.

2. This first appeal has been filed under section 54 of the Land Acquisition Act, 1894 against the judgment and order dated 14.03.2007 and decree dated 20.04.2007 passed by the Presiding Officer, Nagar Mahapalika/Avas Evam Vikas Parishad Tribunal, Lucknow in respect to reference under section 18 of the Land Acquisition Act, 1894 in Misc. Case No. 443 of 1993 (Molhey & another Vs State of U.P.), wherein the amount of compensation has been enhanced to Rs. 4.60 per sq. ft. from Rs. 0.85 per sq. ft. for the land situated at Khasra No. 21 in village Bharvara, Pargana, Tehsil and District-Lucknow.

3. Learned counsel for appellant has submitted that the land in question was acquired by the State Government for the Ujariaon Avasiya Yozna Part-2. The land of the respondents/claimants measuring 3-9-0-0 situated at village Bharvara, Pargana, Tehsil and District-Lucknow was acquired. The Special Land Acquisition Officer had fixed the compensation for the said land at the rate of Rs. 0.85 per sq. ft. However, the learned Tribunal without any reasonable basis has enhanced the amount of compensation at the rate of Rs. 4.60 per sq. ft. which was much more than the market value of the land at that time.

4. Sri V.K. Srivastava learned counsel for respondents/claimants at the very outset submitted that the controversy involved in the present appeal has been settled by the judgment and order dated 12.10.2009 passed by this Court in a bunch of appeals filed by the L.D.A. relating to the same scheme, arising out of the same notifications issued by the State Government for acquisition of land and against the same award.

5. In this regard Sri V.K. Srivastava placed reliance on the judgment and order dated 12.10.2009 passed by this Court in First Appeal No. 103 of 2007 (Lucknow Development Authority Vs Smt. Raj Kumari & another) and other connected First Appeals. In first Appeal No. 103 of 2007 this court has held as under:-

" As far as the merits of the case are concerned, this Court has viewed these judgments in the light of a recent judgment of Hon'ble Apex Court Revenue Divisional Officer-cum-L.A.O. Vs. Shaik Azam Saheb etc. and other relevant factors which are relevant for determining the amount of compensation such as potentiality, location and situation of land, developments made in the area and facilities provided etc. It is of the view that on the merits also no case is made out to interfere."

6. It has also been pointed out by the learned counsel for the respondents/claimants that in First Appeal No. 13 of 2005 (L.D.A vs Naththa & others), this court by the judgment and order dated 30.03.2009 has been pleased to hold that the compensation awarded to the claimants as determined under the reference under Section 18 of the Land Acquisition Act, 1894 was adequate just and proper.

7. It is submitted by the learned counsel for the respondents/claimants that the land of the respondents/claimants which was acquired relates to the same notifications and the same award.

8. I have considered the various submissions made by the learned counsel for the parties. In First Appeal No. 13 of 2005 and First Appeal No. 103 of 2007, the amount of compensation was enhanced to Rs. 4.60 per sq. ft. from Rs.1.41 per sq. ft. In the present appeal the amount of compensation has been enhanced to Rs. 4.60 per sq. ft. from Rs. 0.85 per sq. ft. It is admitted fact that the land of the respondents/claimants relates to the same scheme, same notifications issued by the State Government for acquisition of land and against the same award regarding which the First Appeal No. 103 of 2007 and other connected First appeals as well as First Appeal no. 13 of 2005 have been decided whereas the enhancement of the compensation @ Rs. 4.60 per sq. ft. has been confirmed as just and proper.

9. The learn