HARBANS Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the award dated May 30, 1987, passed by reference court in Land Acquisition Reference Case No. 40 of 1979.

(2.) Briefly stated the facts are that for establishing market yard for Krlsht Utpadan Mandi Samiti at Shamti, district Muzaffarnagar, the State Government issued notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) on 6.11.1975. The plots of the appellant numbered as 282M, 284M, 285 and 286 total area 5 bigha, 11 biswansis were sought to be acquired. This notification was followed by another notification under Section 6 of the Act. The State Government took possession of the land in question from the appellant on 16.1.1976. Notices under Section 9 of the Act were issued requiring the persons interested in the land forming subject matter of the declaration to submit their claims for compensation for acquisition of their land. The appellant submitted the claim petition before the Special Land Acquisition Officer and he made an award on 18.10.1977 awarding compensation at Rs. 10,303,05 per bigha and solatium at 15% and interest at 6%.

(3.) The appellant, aggrieved against the award of the Special Land Acquisition Officer, sought reference under Section 18 of the Act. Various other claimants, whose lands were adjoining to the land of the appellant and were acquired by the same notification, also sought reference. All the references were consolidated by the Court and heard together. During the pendency of the reference, the Land Acquisition (Amendment) Act. 68 of 1984 came into force by which certain provisions were inserted and substantial changes were made. The said Act has an impact on the pending proceedings and as a consequence thereof, the appellant moved an application before the Court that the compensation be awarded as envisaged by the amending provisions.