STATE OF U P Vs. ATMA RAM

JUDGEMENT

(1.) THIS appeal under Section 54 of the Land Acquisition Act is directed against the judgment and award dated 22-10-1986 passed by the Ad ditional District Judge, Dehradun in Misc. Case (Review) No. 38 of 1985 arising out of Land Acquisition Ref erence No. 38 of 1980, Atma Ram and another Vs. Collector, Dehradun, whereby the learned Reference Court decided review petition in favour of the claimant- respondents holding that the claimants are entitled to solatium @ 30% in view of the amended Sec tion 23 (2) of the Land Acquisition Act (for Short the Act) as well as in terest @ 15% in view of amended provisions of Section 28 of the Act. The learned Reference Court has de cided Review Petitions No. 20 of 1985, 31 of 1985, 32 of 1985, 33 of 1985, 34 of 1985, 35 of 1985, 36 of 1985, 37 of 1985, 38 of 1985, 40 of 1985, 41 of 1985, 44 of 1985, 46 of 1985, 47 of 1985 and 61 of 1985 by a common judgment, which have arisen out of the different Land Ac quisition References decided on 27-9-1984 relating to the same award passed by the Special Land Acquisi tion Officer. It may be added that the controversy involved in all these re view petitions was the same and identical.

(2.) THE impugned order has been challenged, on the ground that the appellant no. 2 U. P. Avas Evam Vikas Parishad was required to pay the compensation to the claimant-re spondents was not arrayed as re spondents or the opposite parties in the land acquisition reference or the review application, therefore, the judgment and decree passed against the U. P. Avas Evam Vikas Parishad is patently against the Rule of Natural Justice.

(3.) THE learned Additional District Judge has relied upon the judgment of the Apex Court in the case of "bhag Singh and others V. Union Ter ritory of Chandigarh [air, 1985, Su preme Court, 1576] in which it was held that the provisions of Section 23 (2) and 28 are applicable to all proceedings relating to compensation pending on the date of commence ment of amending Act or filed subse quent to that date whether before the Collector or before the court or High Court or Supreme Court