STATE OF U P Vs. BASANT LAL

JUDGEMENT

(1.) THIS first appeal under Section 54 of the Land Acquisition Act, has been filed by the State of U.P. as well as the U.P. Avas Vikas Parishad, Lucknow against the judgment and decree dated 22.10.1986 passed by Additional District Judge, Dehradun awarding solatium @ 30% on the amount of compensation assessed and directed to pay @ 15% per annum on the amount of compensation and interest @ 15% per annum on the amount of compensation in Regular Miss. Case No. 35 of 1985 arising out of Land Acquisition Case No. 151 of 1979.

(2.) BRIEF facts of the case are that the land of the petitioners/respondents of village Dharampur was acquired by the Collecter, Dehradun on the proposal of Improvement Trust, which was subsequently merged in Avas Evam Parishad, U.P. A notification under Section 4 (1) of the Land acquisition Act (for short 'the Act) was issued on 09.04.1964 and notification under Section 6 of the Act was issued on 03.03.1996. The possession of the acquired land, measuring 47.41 acres, was taken on 25.06.1975. Thereafter, the owners of the land filed their objections. Under some peculiar circumstances which need not be explained here, the possession of the land was directed to be taken before the award to be made by the Land Acquisition Officer. On having scrutinized the objections of the land owners, the Special Land Acquisition Officer framed two belts - one of the lands which were closer to Haridwar Road and the other situated on the said road. The land of the first belt was assessed @ Rs. 11,391.41 per acre, while that of the remotely situated belt at a reduced rate of Rs. 7,594.84.

(3.) BEING aggrieved by the award made by the Special Land Acquisition Officer, the owners of the land filed the references under Section 13 of the Act which were accepted by the reference court and awarded compensation at an enhanced rate Rs. 20,863/ - per acre in respect of the entire area of land. Besides compensation, solatium @ 15% and interest @ 6% per annum were also awarded.