KANHAIYA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners had filed a Reference Application under section 18 of the Land Acquisition Act, 1894('the Act') which was decided on 5 October 1999 by the Reference Court in terms of a compromise entered into between the petitioners and Greater Noida Industrial Development Authority ('Greater Noida') that the petitioners would receive Rs. 39/- per square yard as the market rate of the land as full and final settlement of the claim of the petitioners. This petition has been filed for a direction upon the respondents to direct the respondent to enhance the market rate of the land to Rs. 65/- per square yard since this market rate was determined in References filed by some other claimants in regard to the same acquisition initiated under Section 4(1) of the Act.

(2.) It transpires from the records of the writ petition that for planned industrial development in district Bulandshahr, a notification dated 1 March 1989 was issued under Section 4(1) of the Act for acquisition of about 854-4-12 bighas of land. This was followed by a declaration that was made on 31 March 1989 made under Section 6 of the Act. An award was made by the Special Land Acquisition Officer under Section 11(1) of the Act on 26 November 1990 for 800-15-7-15 bighas of land. The petitioners filed a Reference Application under Section 18 of the Act but ultimately negotiation took place between the petitioners and Greater Noida and a compromise was entered into that the petitioners would receive Rs. 39 per square yard as the market rate of the land as full and final settlement. This compromise executed on 4 August 1998 was duly accepted by the Reference Court and the Reference Application under Section 18 of the Act was, accordingly, decided in terms of the compromise which was directed to form part of the award.

(3.) The order passed by the Court on 5 October 1999 is reproduced below:- "Case called out. Parties counsel are present. 21A1- Parties filed compromise duly verified by their counsel. It is hereby recorded. Order Reference is decided in terms of Compromise 21A1 which shall form part of the award."