MUSSORIE DEHRADUN DEVELOPMENT AUTHORITY Vs. CHANDRA DEVI

JUDGEMENT

(1.) SINCE all these eighteen appeals have arisen out of the judgment and award dated 25.10.2008 passed by District Judge, Dehradun in Land Acquisition Cases No.51/2005, No.53/2005, No.54/2005, No.67/2005, No.68/2008, No.66/2005, No.47/2005, No.49/2005, No.52/2005, No.65/2005, No.57/2005,No.55/2005, No.62/2005, No.61/2005, No.63/2005, No.48/2005, No.64/2005 and No.56/2005, therefore, for the sake of convenience, all these appeals are being decided by this common judgment and 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 decree dated 25.10.2008 passed by District Judge, Dehradun, in aforementioned land acquisition cases, whereby the reference court has allowed the references thereby awarding compensation of land under acquisition @ Rs.524/ - per sq.mt. along with 30% solatium thereon, 12% additional charges per annum from the date of notification till date of possession or award whichever is earlier. The reference court has directed to pay statutory interest @ 9% per annum for the first year and @ 15% per annum till the payment is made.

(3.) ACCORDING to the claimants, a very inadequate compensation was awarded by the SLAO. The SLAO has not taken into consideration the highest exemplar and circle rate prevailing at the time of acquisition within one year prior to the notification issued u/s 4(1) of the Act. It was also stated that the acquired land is adjacent to land acquired for transport Nagar, Phase -I. The land acquired adjoins the area of Nagar Nigam, Dehradun and Clement Town Cantt. The city of Dehradun after it was declared capital of Uttarakhand is expanding horizontally on account of growth of population and on account of existence of State and Central offices. Adjoining Transport Nagar Phase -I is fully developed and has been allotted to various transporters. The land acquired has the facilities of electricity, drinking water and communication. Secondary school of reputed Raja Ram Mohan Rai Academy and St. Judes High School, Engineering College, Himalayan Drug Company, office of Auditor General of Uttarakhand, I.S.B.T., Petrol Pump and a nationalised Bank situate within one km. of the acquired land. Reowned Wildlife Institute of India also situate nearby. M.D.D.A. approved colony Aashma Vihar also exist in the close proximity of acquired land. The land acquired is surrounded by road having width of 40 ft. with a purpose to make two lane highway. Thus potential value of acquired land was that of residential and commercial. The market price of the land at the time of notification was not less than Rs.55.00 lacs per acre.