SATYANARAYAN Vs. STATE OF U P & ORS

JUDGEMENT

(1.) Heard Mr. Shiva Kant Tiwari, learned counsel for the appellant as well as Mr. H.P. Srivastava, learned Additional Chief Standing Counsel.

(2.) This appeal has been filed against the judgment and order dated 05.05.2014 passed by the Additional District Judge, Barabanki in Misc. Case (L.A.C.) No.176/2013, whereby the learned Additional District Judge has awarded the compensation to the appellant in terms of order passed by the Supreme Court in Civil Appeal No.63/2013. The Supreme Court on the basis of suggestions made by learned counsel for the respondents that "the order may be clarified to the extent that a sum of Rs.1,96,442/- paid to the appellant on 18.03.2006, may be treated as an offer analogous to the award under Section 11 and this Court may pass appropriate direction to the Land Acquisition Collector to make a reference under Section 18 of the Act" passed the order and issued direction to the Reference Court to decide the case under Section 18 of the Act, in accordance with law expeditiously.

(3.) Pursuant to the aforesaid order passed by the Supreme Court, the learned Additional District Judge has issued direction to the Collector/Land Acquisition Officer, Barabanki to pay solatium of Rs.57,733/-, which is thirty percent of the total amount of compensation i.e. Rs.1,92,442/- and further Rs.50,000/- as damages along with interest at the rate of twelve percent to be paid from the date of possession to the date of actual payment.