STATE OF U.P. Vs. SUKHEY

JUDGEMENT

(1.) This appeal is preferred against the order dated 6.9.1990 passed by Sri M.A. Khan, Ist Additional District Judge, Bijnor in Land Acquisition Reference No. 28 of 1982 between Sri Sukhey Vs. State of U.P.

(2.) The applicant moved application under Section 151 and 152 C.P.C. for amendment of the judgement and award given by Reference Court in various references made by the Reference Court under Section 18 of the Land Acquisition Act. In so far as they directed for the payment of solatium and interest in accordance with the relevant provisions of the Land Acquisition Act prior to the amendment by Land Acquisition (Amendment) Act, 1984. Since the common question of law and fact is involved that the court decided this case alongwith other miscellaneous cases by common judgement in the miscellaneous case. By these applications the applicant seeks amendment in the decree and prayed that applicant's solatium, interest and additional amount under Section 23 (I-A) permissible under the Land Acquisition (Amendment) Act, 1984.

(3.) The applicant submitted that as the award given by the Reference Court was made after 30.4.1982 and the applicants are entitled to all the benefits as permissible under the Amendment Act. It is further prayed that the applicants should be entitled to solatium at the rate of 30% on the market value under the Amendment Act, 1984 and further interest at the rate of 9% per annum for a period of one year from the date of taking over possession and thereafter at the rate of 15% per annum on the enhance compensation till the payment of additional amount under Section 23(I-A) at the rate of 12% per annum.