STATE OF U P Vs. RATAN BEHARI

JUDGEMENT

(1.) THESE three appeals involve similar questions of law and fact, consequently it is convenient to dispose them of by a common judgment.

(2.) APPEAL No. 80 of 1987 shall be the leading case.

(3.) IN First Appeal No. 80 of 1987, the Land Acquisition Officer, Bijnor awarded a sum of Rs. 12887.90 as compensation besides solatium and interest in respect of plot no. 90/3 area 5 bigha 6 biswa. But in reference that amount was enhanced and reference was allowed and a compensation at the rate of Rs. 50/- per sq. yard was allowed along with solatium at the rate of 30% of the market value and the interest at the rate of 9% per annum for the first year from the date of taking possession of the land acquired from respondent no. 1 and at the rate of 15% per annum for the subsequent period till the date of payment of enhanced amount of compensation. IN First Appeal No. 79 of 1987 a sum of Rs. 6,23,270 was awarded as compensation in addition to compensation already awarded by the Special Land Acquisition Officer and an area of 1751 sq. yard was left by inadvertence in respect of which no compensation was awarded by the Special Land Acquisition Officer. IN respect of that area also the compensation was awarded and 15% solatium on the said amount and the interest at the rate of 6% per annum on the amount of compensation was also awarded. IN First Appeal No. 78 of 1987 the amount of compensation was enhanced by the judgment dated 23-10-1986 passed by the Ilnd Additional District Judge in respect of plot no. 90/2 area 1 bigha 10 biswa, 37812 sq. yards belonging to respondent was acquired in village Ibrahimpur Raju and the amount awarded by the Land Acquisition Officer was also enhanced.