LOCKNOW DEVELOPMENT AUTHORITY Vs. RAVINDRA NATH SINGH

JUDGEMENT

(1.) All these first appeals have been preferred under section 54 of the Land Acquisition Act against the judgment and order dated 23.7.1997 passed by Mr. Niyaz Ahmad, Presiding Officer, Nagar Mahapalika Tribunal/Additional District Judge, Lucknow on five references, which were registered as Misc. Case Nos. 425 of 1990, 364 of 1990, 365 of 1990, 366 of 1990 and 367 of 1990 and were disposed of by a common judgment whereby the Court has enhanced the value of the acquired land from Rs. 1.93 per square feet to Rs. 3.60 per square feet along with 12% of the total value as additional compensation and also solatium at the rate of 30% interest and interest was also awarded on the enhanced amount @ of 9%, if the total amount is paid within a period of one year otherwise, if the amount is paid after the aforesaid period of one year then the owners of the land would get interest at the rate of 15%. Since under these appeals, common question of law and facts are involved, therefore, the same are being disposed of by the common judgment. Feeling aggrieved by the impugned judgment Lucknow Development Authority (hereinafter referred to as 'LDA'), who has acquired the land, has preferred appeals Nos. 4 of 1998, 5 of 1998, 88 of 1998, 89 of 1998 and 90 of 1998 and the owners of the land have preferred First Appeal Nos. 83 of 2002, 84 of 2002, 85 of 2002, 86 of 2002 and 87 of 2002. The land involved in all these appeals was acquired for residential colony and acquiring body was the LDA. The land acquired situates in village Behasa Pargana Bijnaur, Tehsil and District Lucknow. For acquisition of the aforesaid land, a notification under section 4 of the Land Acquisition Act was published on 21.4.1979. Thereafter notification under section 6 of the Act was published on 12.7.1980. On 31.12.1980 and 7.2.1981 the possession the land was taken by the LDA. The Special Land Acquisition Officer vide its award dated 12.2.1985 ascertained the market value of the land at the rate of Rs. 2.75/- per square feet but awarded Rs. 1.93/- per square feet after deduction of 25% of the assessed market value along with 15% solatium under section 23(2) of the amended Land Acquisition Act. On 22.4.1985, the claimants received notices under section 12(2) of the Land Acquisition Act from respondent No. 2 and thereafter on 17.5.1985, owners of the land filed references under section 18 of the Land Acquisition Act before the Special Land Acquisition Officer, Sharda Sahayak Pariyojna Collector Lucknow. In all the references, the claimants claimed the market value of the land at the rate of Rs. 17/- per square feet and other benefits admissible under the law. Apart from the market value of the land, the claimants also demanded Rs. 2,50,000/- for change of the business and as damages for equipments. On 21.5.1990, the references so preferred by the owners were referred to District Judge, Lucknow and the same were registered in the office of District Judge, Lucknow and subsequently were transferred to the Court of Presiding Officer Nagar Mahapalika Tribunal, Lucknow for its adjudication. Misc. Case No. 425 of 1990 was made the leading case and all the five references were consolidated and were disposed of by the impugned judgment.

(2.) In the references, referred to above, on behalf of the LDA, some documents were filed and statement of Amin Shri Hari Prasad Gupta was also recorded. Prior to that, the claimants also filed certain sale-deeds as exemplars. The issues were framed and thereafter by the impugned judgment, the Presiding Officer assessed the market value of the land at the rate of Rs. 6/- per square feet but deducted 40% of the market value on the ground of largeness of the land and ultimately the effective market value awarded was reduced to Rs. 3.60 per square feet Apart from the market value, the Court also awarded 12% additional compensation and 30% solatium under section 23(2) and interest at the rate of 9% thereon from 31.12.1980 to 30.12.1981 and thereafter at the rate of 15% interest on the total compensation from 30.12.1981 to the actual date of payment was awarded. Similar orders were passed in all the five cases. The Court has not awarded interest on the 30% solatium amount.

(3.) On behalf of the LDA, it is submitted that the award under challenge was based on ground that ought not to have been taken into consideration, the market value of the land as fixed by the Special Land Acquisition Officer was correct and no interference in that was called for.