STATE OF U P Vs. ROSHAN LAL

JUDGEMENT

(1.) THESE are the applications for the grant of interim stay in the form of staying operation of the judgment and order passed by the learned Additional Distt Judge, Meerut, enhancing the amount of compensation in Reference under Section 18 of the Land Acquisition Act, 1894, (for short the Act). These applications for interim stay purported to have been filed under Order 41, Rule 5 of the Code in First Appeal No. 892 of 1990 preferred under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure, 1908, (for short the Code). Since these applications involve similar questions for determination, hence it is convenient to dispose them of by a common order. Civil Misc. Application No. nil of 1990 in First Appeal No. 892 of 1990 State of U.P. v. Roshan Lal shall, however, be the leading case. The applications to vacate the interim stay on behalf of Respondents, the tenure holders whose land have been acquired, have also been filed.

(2.) NORMALLY the application for grant of interim stay need not be disposed of by a detailed order, but as these cases are of considerable importance from the point of view of the State of U.P. and the Meerut Development Authority and also in view of the fact that detailed arguments were advanced by Sri V.K.S. Chowdhary, learned Advocate General, for whom I have got profound regards, and also learned Counsel for the Appellants and detailed reply given by learned Counsel for Respondents, hence the present applications for grant of interim stay and applications to vacate the same are being disposed of by a bit detailed order.

(3.) SRI V.K.S. Chowdhary, learned Advocate General, urged that absolute interim stay has been granted in these appeals by the Division Bench while admitted the appeal on 5 -10 -90. The interim stay was to the following effect.