MEERUT DEVELOPMENT AUTHORITY Vs. J.D. SINGHAL

JUDGEMENT

(1.) Since similar controversy is involved in both the revisions, therefore, these revisions are being decided by this one and common judgment.

(2.) By means of the present revisions, the revisionist, Meerut Development Authority (hereinafter referred to as the 'MDA') has challenged the order of the Additional District Judge/Special Judge (SC/ST Act), Meerut, dated 30th November, 2000, rejecting the Application no. 59-C, moved by the MDA in Execution Case No. 10 of 2001, Jugmandar Das Singhal and others vs. State of U.P and in Execution Case No. 9 of 2001, Anand Prakash Singhal and others v. State of U.P.

(3.) The brief facts, giving rise to the present case, are that Sri Jugmander Dass Singhal and Sri Anand Prakash Singhal were the owners of the plot no. 331/2-14-0, situated in Village Mukarabpur Palhera, Pargana Daurala, Tehsil Sardhana District Meerut, which was acquired by the State for Meerut Development Authority. The owners being not satisfied with the awards, passed by Special Land Acquisition Officer/Collector, Meerut, have moved reference applications, on which the matter was referred under Section 18 of the Land Acquisition Act by the Collector to the District Judge, Meerut and registered as Land Acquisition Reference Nos. 68 and 70 of 1989. These references were decided by the then Additional District Judge, Court No. 1, Meerut vide judgment dated 7.5.1990. The said references have been allowed in part and it has been held that the claimants are entitled to compensation for first belt at the rate of Rs.70/- per sq. yard and for the remaining land i.e. second belt at the rate of Rs.37.50 per sq. yard. Further, it has also been held that the claimants are entitled to additional amount of 12% per annum from the date of notification under Section-4 of the L.A. Act i.e. 2.7.1980 till the date of possession, i.e., 9.7.1982; Solatium at the rate of 30%; interest @ 9% for one year from the date of possession i.e. 9.7.1982; and interest at the rate of 15% from second year till the date of payment on balance amount. The claimants have also been held entitled for compensation for an area 0-0-10 of plot no. 761 also if not already paid. The parties shall get and pay the costs of the reference according to their failure and success.