RAM MOHAN Vs. COLLECTOR, NAINITAL AND OTHERS

JUDGEMENT

(1.) THESE four appeal have been filed by the claimants -appellants against the judgment and order dated 1.9.1979, passed by the then III Additional District Judge, Nainital. Brief facts giving rise to these appeals are that Bhumidhari land of the claimants was acquired for Land Development Grahsthan Yojana, Kashipur, vide notification dated 11.1.1975 and Special Land Acquisition Officer, U.P. Avas Evam Vikas Parishad, Lucknow had given his award on 28.12.1997. Against the aforesaid award of Special Land Acquisition Officer Reference Nos. 74, 75, 76 and 77 of 1978 made under section 18 of the Land Acquisition Act were filed before the III Additional District Judge, Nainital. The III Additional District Judge dismissed the references with cost and the award was accepted and confirmed, per judgment and order dated 7.9.1979.

(2.) IN appeals the claimants/appellants have claimed compensation at the rate of Rs. 75/ - per sq. yard, whereas the Land Acquisition Officer in his respective awards had awarded a very meager amount of compensation. It was also alleged that the Land Acquisition Officer has not awarded solatium to the claimants. The rate of interest was also calculated @ 6% per annum, which was not in accordance with law.

(3.) U .P. Avas Evam Vikas Parishad filed appeals before the Apex Court against the aforesaid order of the High Court. The Apex Court per order dated 9.2.1996 passed in Civil Appeal No. 3600 of 1996 and 3603 of 1996, set aside the judgment and order of the Allahabad High Court passed in these Appeals Nos. 148 of 1980, 246 of 1980, 247 of 1980 and 239 of 1980 on the ground that U.P. Avas Evam Vikas Parishad was not a party to the proceedings, in view of the decision of the Apex Court in U.P. Avas Evam Vikas Parishad v. Gyan Devi : 1995 (2) SCC 26. In the said order the matter was remanded to the High Court after restoring the respective first appeal, impleading the U.P. Avas Evam Vikas Parishad as respondent therein for disposal of the appeals in accordance with law.