COLLECTOR Vs. BABA NIRANJAN DAS CHELA BABA BRAHMANANAD

JUDGEMENT

(1.) THIS appeal has been filed by the Collector, Varanasi against the award dated 24th February, 1969, passed by the Chairman of the Tribunal constituted Under Section 371 of the U.P. Nagar Mahapalika Adhiniyam, 1959. In the memorandum of appeal eight grounds have been taken. Sri O.P. Gupta, appearing for the Appellant states that grounds other than ground Nos. 2 and 7 cannot be substantiated by him on the basis of the material on record and, there fore ,they are not pressed. As regards ground Nos. 2 and 7, he has urged that these grounds cannot be successfully pressed in view of the decision of the Supreme Court in Om Prakash v. State of U.P. AIR 1974 SC 1202.

(2.) COUNSEL for the claimant -Respondent made a prayer that the amount of solarium and pendent elite and future interest granted at the rate of 15 percent and 6 percent respectively in the award appealed against deserves to be enhanced to 30 percent and 9 percent respectively, in view of the amendments made in Section 23(2) and 28 of the Land Acquisition Act by the Land Acquisition Amendment Act, 1984 (hereinafter referred to as the Amending Act). To this prayer an objection was raised by the Standing Counsel on the ground that since the claimant -Respondent has not filed any cross -objection, neither the amount of solarium nor the amount of interest can be enhanced while dismissing the appeal filed by the Collector. We find no substance in this objection, for Rule 33 of Order 41 Code of Civil Procedure is a complete answer to it. The said Rule 33, insofar as. It is relevant for the disposal of the aforesaid objection, reads as follows:

(3.) IN this view of the matter and in view of the decision of the Supreme Court, 1985 AWC 861 SC in Civil Appeal No. 1519 -23 of 1985 Bhang Singh v. Union Territory of Chandigarh, we are of the opinion that the prayer made by counsel for the claimants Respondent for increasing the amount of solarium and interest pendent elite and future in view of the Amending Act, deserves to be allowed.