The court ruled that the doctrine of merger does not apply to compensation determinations in land acquisition cases, allowing the acquiring body to contest previous awards despite prior judgments.

JUDGMENT :

Kshitij Shailendra, J.

APPEALS ARISING OUT OF LAND ACQUISITION REFERENCES

1. Heard Shri Shailesh Upadhyay, learned counsel appearing for the claimants/tenure holders in all matters and Shri Subodh Kumar alongwith Shri Udit Chandra, learned counsel appearing for C.P.W.D. as well as U.O.I. at length.

2. Since common questions of fact and law are involved in all the matters, the same are being decided by common judgment. Distinguishing features of individual cases, if any, would reflect at appropriate places in this judgment or in the judgment/order passed in such matters separately. For the convenience sake, First Appeal No. 388 of 2015 is being treated as the leading appeal.

3. The instant appeal is directed against the judgment and order dated 30.3.1991 passed by learned Additional District Judge, Ghaziabad in Land Acquisition Reference No. 29 of 1987. The land in dispute situates in village Raispur, Tehsil and District Ghaziabad. The description of area and all gatas number does not seem to be relevant as the issue involved in all these matters revolves around few orders passed by this Court earlier in other matters and few orders passed by Hon'ble Supreme Court. As a matter of fact, these appeals are to be decided in the light of effect of those decided proceedings.

BRIEF FACTS AND PROCEEDINGS

4. The land of tenure holders, namely, Ran Singh, Ganga Ram, Nathhan Singh, Khoob Singh, Ram Kishan etc. was acquired by the State of U.P. for the purposes of development by the Central Public Works Department (hereinafter referred to as “C.P.W.D.”). Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 28.12.1963 that was published on 4.1.1964. It was followed by notification under Section 6 of the Act published on 24.7.1965. A corrigendum was issued on 10.10.1972 regarding certain plots that were skipped in the earlier notifications and, consequently, the left-out plots were also included in the acquired land. State Government took possession over the acquired land on 9.3.1973. An award was published by the Special Land Acquisition Officer (hereinafter referred to as “S.L.A.O.”) on 22.9.1986 awarding compensation at the rate of Rs. 1.90/- per Sq. Yd.

5. Five land owners filed Land Acquisition References (hereinafter referred to as”L.A.Rs.”) seeking enhancement of compensation. These L.A.Rs. were clubbed together with following details and were jointly decided by the reference Court by judgment dated 30.3.1991 enhancing compensation from Rs. 1.90/- per Sq. Yd. to Rs. 8/- per Sq. Yd.:

(i) L.A.R. No. 25 of 1987 (Ran Singh and others v. State of U.P.)

(ii) L.A.R. No. 26 of 1987 (Ganga Ram and others v. State of U.P.)

(iii) L.A.R. No. 27 of 1987 (Ram Kishan v. State of U.P.)

(iv) L.A.R. No. 29 of 1987 (Natthan and others v. State of U.P.)

(v) L.A.R. No. 30 of 1987 (Khoob Singh and another v. State of U.P.)

6. Three (3) land owners, out of five (5), filed following First Appeals before this Court:

(i) First Appeal No. 809 of 1993 (Ran Singh v. State of U.P.)

(ii) First Appeal (Defective) No. 322 of 1992 (Natthan and others v. State of U.P.) (subsequently registered as regular First Appeal No. 388 of 2015, i.e. the instant leading appeal).

(iii) First Appeal (Defective) No. 248 of 1992 (Ganga Ram and others v. State of U.P.) (subsequently registered as regular First Appeal No. 357 of 2016)

7. State of U.P. also filed five (5) First Appeals against Reference Court's order dated 30.3.1991with following details:

(i) First Appeal (Defective) No. 612 of 1991 (State of U.P. v. Ran Singh) (subsequently renumbered as First Appeal No. 1140 of 2003)

(ii) First Appeal (Defective) No. 614 of 1991 (State of U.P. v. Ram Kishan) (subsequently renumbered as First Appeal No. 1119 of 2003)

(iii) First Appeal (Defective) No. 609 of 1991 (State of U.P. v. Khoob Singh) (subsequently renumbered as First Appeal No. 1143 of 2003)

(iv) First Appeal (Defective) No. 613 of 1991 (State of U.P. v. Natthan) (renumbered as First Appeal No. 1104 of 2003)

(v) Fi