NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This order disposes of appellant's application under 'Order 41 Rule 5 of the Code of Civil Procedure' (hereinafter referred to as the Code), filed on 6-9-1995, by which prayer has been made to stay execution of the judgment and award dated 6-4-93 passed by the District Judge, Ghaziabad in L.A.R. No. 58 of 1991 during pendency of this appeal.

(2.) For the purposes of development of the industrial town of NOIDA the relevant notification seeking acquisition of about three acres of lands of the Respondent Nos. 1 to 3 was made on 8-8-88 the possession of which was also taken by the State of U.P. on 4-10-1989. The S.L.A.O. awarded compensation of the acquired lands at the rate of Rs. 31.50 per sq. yard. Respondents 1 to 3, however, claimed compensation at the rate of Rs. 250.00 per sq. yard. Both sides adduced evidence. By the impugned judgment and award compensation was awarded at the rate of Rs. 93.75 per sq. yard which is under challenge in this appeal.

(3.) The appellant in its application has come up with an allegation that the enhancement is absolutely arbitrary and illegal and necessary ingredients which are required to be taken into consideration for determining the compensation were failed to be considered and thus the judgment is in teeth of Sections 23 and 4 of the Land Acquisition Act; that the appellant has no funds to meet with the arbitrary and huge financial liability; that in the .................................. execution proceedings the accounts of the appellant have been attached resulting in serious difficulties in its day-to-day functioning as also carrying on other developmental projects undertaken by the appellant in public interest; and it would be in the interest of justice that pending disposal of this appeal execution of the judgment and decree may remain stayed so that justice be done between the parties.