UNION OF INDIA Vs. S S NEGI

JUDGEMENT

(1.) SINCE all these five appeals have arisen out of the judgment and order dated 20.11.2008 passed by District Judge, Dehradun in Land Acquisition Cases No.290 of 1990, No.291 of 1990, No.292 of 1990, No.293 of 1990 and No.294 of 1990, therefore, for the sake of convenience, all these appeals are being decided by this common order.

(2.) ALL these appeals, preferred under Section 54 of the Land Acquisition Act, 1894 (for short, the Act), are directed against the judgment and award dated 20.11.2008 passed by District Judge, Dehradun, in aforementioned land acquisition cases, whereby the reference court has partly allowed the references thereby awarding compensation of land under acquisition @ Rs.200/ - per sq.mt., except in L.A. case no.293 of 1990, wherein compensation has been awarded @ Rs.150/ - per sq.mt. The reference court has further awarded other statutory benefit as well as 30% solatium charges, 12% p.a. additional charges from the date of notification till the date of possession or award, whichever is earlier and statutory interest @9% p.a. for the first year and @ 15% p.a. thereafter till the entire amount is paid after deducting the amount paid by Special Land Acquisition Officer (for short, SLAO).

(3.) BRIEF facts of the case are that Notification under Section 4 of the Land Acquisition Act (for short, the Act) was issued on 16.10.1987 and published in Official Gazette on 16.10.1987 and in two daily newspapers, followed by Notification under Section 6 of the Act, which was issued on 23.3.1988 and published in the Gazette on 23.3.1988, to acquire 34.94 acre of land in Village Adhoiwala, Pargana Central Doon, District Dehradun for extension of the office of DEAL, but out of this, only 22.49 acre of land was acquired and the remaining 12.45 acre of the land was not acquired. Consequently, the possession of the land was taken on 06.4.1990 and the Award was published on 31.03.1990.