BRIJESH Vs. COLLECTOR,HARIDWAR AND ANOTHER

JUDGEMENT

(1.) ALL these appeals have been preferred against the judgment and award dated 30-9-2003, passed by Sri Kanwar Sain, Additional District Judge/ Ist FT.C., Haridwar in Land Acquisition Refer­ence Case Nos. 1 of 1994 to 22 of 1994. As the aforesaid appeals emerge from one" and the same order, hence these were connected, heard together and are decided by this common judg­ment.

(2.) FIRST Appeal Nos. 68 of 2003 to 74 of 2003, 77 of 2003, 78 of 2003 and A.O. No. 431/2003 entered at se­rial Nos. 1 to 9 and 25 have been pre­ferred by the land owners, whereas appeal Nos. 75 of 2003, 76/2003, 79/ 2003 to 84/ 2003, 87/2003 to 92/2003 and 20 of 2003 entered at serial nos. 10 to 24 have been preferred by the Haridwar Development Authority.

(3.) THE Collector, Haridwar and the `Authority' filed objections before the reference court and contested the claims mainly on the grounds that the land in question was not connected with any motor road; that the land was an agricultural land; that the S.L.A.O. took in to consideration the sale in­stances of the land of Gata Nos. 1260, 1261, 1266 and 566 mentioned at se­rial Nos. 9, 78, 79, 85, 88 and 109 of the Schedule-2 annexed with the award which was sold one year before the notification issued under Section 4 of the Act in regard to the land in ques­tion; that the S.L.A.O. took the sale instance at serial No. 9 as exemplar for determination of the compensation; that provision for 25% deduction was done by the S.L.A.O. as per the provisions of para 236 of the Land Acquisi­tion Manual and that the solatium @ 30% and the interest @ 9% up to one year and @ 15% thereafter was awarded by the S.L.A.O. according to the provisions of Sections 23(2), and ,28 of `the Act' respectively. Accordingly they prayed for rejection of the refer­ences.