NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. NATTHEY(DECEASED)

JUDGEMENT

(1.) THIS appeal has arisen from award/judgment and decree dated 20.5.1993, passed by Sri Nepal Singh, Vth Additional District Judge, Ghaziabad in Land Acquisition Reference No. 42 of 1986; Natthey (now deceased and substituted by his legal representatives) Vs. State of U.P and another.

(2.) THE appellant - New Okhla Industrial Development Authority (hereinafter referred as 'NOIDA') is a statutory authority, for whose benefit, land in question was acquired by the State of U.P.

(3.) A notification, under Section 4(1) of Land Acquisition Act 1894 (hereinafter referred as the 'Act' 1894) was published on 5.1.1982 proposing to acquire certain land including disputed one, situated in village Gijhore, Tehsil Dadri, district Ghaziabad. The possession of acquired land was taken on 3.4.1982. The Special Land Acquisition Officer (hereinafter referred as 'SLAO') gave its award on 24.1.1985 determining market value of claimant' land, for the purpose of compensation, at Rs. 9/ per sq. yard. On being dis -satisfied therewith, the claimant -respondent along with several other tenure -holders, moved application for making reference to District Judge, under Section 18 of Act 1894, pursuant whereof, the impugned award has been given, whereby the court below has determined market value for the purpose of compensation of the acquired land, at Rs. 34/ per sq. yard. It has also allowed 30% solatium under Section 23(2) and interest at different rates as provided under Act on the amount of compensation.