STATE OF U P Vs. JASVIR SINGH

JUDGEMENT

(1.) Leave granted. Heard.

(2.) In regard to acquisition of the lands of 45 Respondents under notifications dated 18.8.1981 and 14.11.1981 issued under Section 4(1) and Section 6 of Land Acquisition Act, 1894 (Act for short), the LAO had made an award offering a compensation of Rs. 12000/- per acre which was increased to Rs. 17000/-per acre by the Reference Court, and to Rs. 30,000/- per acre by the Allahabad High Court. On further appeal by the Respondents, this Court by order dated 12.9.2005 set aside the judgment dated 29.1.2004 of the High Court and remanded the matter to the High Court for fresh decision on merits in regard to quantum and statutory benefits, in accordance with law. This Court also observed that since the appeals were old, the High Court will have to take steps to dispose the appeals expeditiously. We are informed that the appeals (FA No. 880 of 1993 and FA No. 401 of 1998) are still pending consideration by the High Court.

(3.) The Respondents thereafter filed a writ petition (No. 77449 of 2005) seeking a direction for issue of a fresh notification under Sections 4 and 6 of the Act, after setting aside the notifications dated 18.8.1981 and 14.11.1981 under Sections 4(1) and 6 of the Act. They also sought a direction to the Appellant to pay mesne profits and damages with interest, after adjusting the amount under the award already made, from the date of taking possession (19.9.1986) till date of issuance of fresh notification under Section 4(1) of the Act. The Respondents thereafter filed two applications for amendment of prayers seeking a direction for determination of market value as on the date of final award after a fresh notification and not with reference to the notification dated 18.8.1991.