SHYAM PRAKASH AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) These two connected appeals have been filed under section 54 of Land Acquisition Act against the judgment and decree dated 22-5-2000 and 2-6-2000 respectively passed by Presiding Officer U. P Avas Evam Vikas Parished Tribunal/Additional District Judge, Lucknow in Misc. Case No. 66 of 1999, Smt. Madhuri Sharan (represented by Legal Representatives) v. State of U. P and others, in a reference under section 18 of Land Acquisition Act.

(2.) It appears that the State of U. P. has acquired certain land for Tal Katora street Scheme for housing development through Avas Evam Vikas Parishad and for that purpose notifications under Sections 357 and 363 of Uttar Pradesh Nagar Mahapalika Adhiniyam 1959 were made on 20-10-1962 and 20-2-67 respectively. The possession over the land was taken on 13-12-1977 and Special Land Acquisition Officer has made award for the compensation to the land owners on 31 -3-1986 wherein the market value of land was determined @ .50 paise per square feet. In a reference under Section 18 of the Land Acquisition Act 1894 (hereinafter referred to as Act) the tribunal has enhanced the compensation and market value of the land from 50 paise to Rs. 1.25 per square feet and also awarded 30% solatium on the market value of land along with 12% additional compensation of the market value of land from the date of notification under section 357 of Nagar Mahapalika Act i.e. 20-10-1992 to the date of taking over possession of land i.e, 13/31- 12-1977 but denied the interest on solatium and additional compensation so awarded hence one of the aforesaid appeals has been filed by claimant being Appeal No. 11 of 2000 for enhancement of compensation and payment of interest on solatium and additional compensation and U. P. Avas Evam Vikas Parisad has filed Appeal No. 26 of 2003 against the same judgment and decree for reduction of compensation awarded to the claimant since both the appeals have been filed against the same judgment and decree passed by Tribunal, therefore both appeals shall be decided together by this common and same judgment.

(3.) I have heard Sri M.A. Khan, learned senior Counsel assisted by Sri Manish Kumar for the claimants appellants and Sri R. K. Mehrotra for the respondents in Appeal No. 11 of 2000 and in Appeal No. 26 of 2003 Sri R. K. Mehrotra for the appellant U. P. Avas Evam Vikas Parishad and Sri M. A. Khan, learned Senior Counsel assisted by Sri Manish Kumar for the respondents and also perused the records.