STATE OF U P Vs. ISHWARI PRASAD

JUDGEMENT

(1.) Heard learned Standing Counsel for appellants. None has appeared on behalf of respondent though called in revised and name of Sri R.P.S. Yadav appearing on behalf of respondent has been shown. Hence, we proceed to hear and decide exparte.

(2.) This is defendants appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as ''Act 1894') arising from judgment and award dated 08.11.2002 and decree dated 16.11.2002 passed by Additional District Judge, Court no. 2, Bulandshahar, adjudicating six Land Acquisition References (hereinafter referred to as ''LARs') including LAR No. 76 of 1998 (Ishwari Prasad Vs State of U.P.and others) determining market value of acquired land in a reference made under Section 18 of Act 1894, at the rate of Rs. 200/- per sq. yard. Besides, claimant respondents have also been held entitled for 30 percent solatium on the enhanced amount of compensation, 12 percent per annum additional compensation; interest as 9 percent per annum from the date of possession for a period of one year and thereafter at the rate of 15 percent till the date of payment.

(3.) Department of Public Works required certain land for construction of a road namely Awantika Devi Marg in Village-Mohamadpur Bazar, Pargana Ahar, District Bulandshahar and for that purpose State of U.P. proceeded to acquire land under the provisions of Act 1894, forcibly, by issuing notification under Section 4 (1) on 18.07.1986 and under Section 6 (1) on 12.07.1986. Possession of acquired land was taken on 05.11.1986.